NYCkayaker question on liability of water taxis

[TomBrooklyn]

> > From: mike <mpidel at optonline.net>
> Any one know what is the liability if a waterways taxi runs over a
> kayaker?  

Each vessel is subject to the Navigation Rules.    The areas where the Waterways Taxis operate are
either covered by the 1972 International Regulations for Preventing Collisions at Sea aka the
International Rules aka 72 Colregs, or the Inland Navigational Rules Act of 1980 aka The Inland
Rules.   The Commandant of the US Coast Guard draws the demarcation lines. 

Both the Water Taxi and the kayak are vessels (Rule 3) and are subject to these rules (Rule 1.)

Rule 2 is the General Responsibility Rule.   Part (a) Rule 2 is the "Rule of Good Seamanship" and
it says nothing in the rules excuses you from failing to follow the rules.  Part (b) is the
"General Prudential Rule" which says when you apply the rules, consider all the dangers of
navigation.  Also consider any special circumstances that place your vessel in "Immediate  Danger"
which is when it is imperative you act to avoid a collision at which time you *must* depart from
the rules. 

Because each skipper *must* act to prevent a collision and must depart from the Rules of
Navigation when neccessary, all parties usually share some responsibility for a marine accident.  
 If you violate the rules and have a collision, you may be partially responsible no matter what
the other skipper does.   Rarely do maritime accidents produce a finding of fault on only one
skipper. 

There is an informal rule not in the COLREGS called "The Law of Gross Tonnage" which dictates that
small vessels should keep away from large ones.   

All vessels are required to maintain a proper "Lookout."

All vessels are required to maintain a safe speed. 

All vessels in a narrow channel "keep to the right."

Vessels traveling with the current in a narrow channel have the Right of Way.  (Only place Right
of Way is mentioned in the rules.)   Otherwise, no vessel ever has the Right of Way.  There is no
such thing on the water.   Instead, vessels are usually designated as Stand-On and Give-Way.   

Whether you are the Stand On or Give Way vessel depends on the orientation and direction of the
vessels.  See the Rules or find a summary of them and learn them.   If you are Stand On but the
other skipper does not treat you as such, sound the danger signal (four short blasts (of your
whistle)) and yield.    

If you must cross traffic lanes, cross as close to a right angle as possible. 

There are other sound signals given between vessels to initiate and respond to intentions for
various passing manuvers.    Failure to understand or respond to these signals woule likely be
considered. 

I would think all the above would be considered by those designated to determine the liability of
a WaterTaxi in a collision with a kayak. 

TomBk


 
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