NYCkayaker question on liability of water taxis

[mike]

I meant in financial terms.  Automobile minimum required liability
insurance policies are geared towards other vehicle occupants.
Pedestrian and bicyclist can reach the minimum mandatory medical
coverage quite quickly.  
If the vehicle has a out of state registration like Pennsylvania, they
probably don't have any insurance.
Vehicles have a lot of protection to occupants, pedestrian and bicyclist
have none. 
What liability insurance requirements are required to operate these
water taxis? Kayakers are like pedestrians, when they are hit, they
don't usually fair to well.
  I believe Staten Island ferry Is self insured by NYS  
>>-----Original Message-----
>>From: nyckayaker-bounces at rockandwater.net [mailto:nyckayaker-
>>bounces at rockandwater.net] On Behalf Of TomBrooklyn
>>Sent: Wednesday, May 30, 2007 6:09 PM
>>To: nyckayaker at rockandwater.net
>>Subject: Re: NYCkayaker question on liability of water taxis
>>
>>> > 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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