NYCkayaker question on liability of water taxis

[David Gottlieb]

Tom,
Thanks so much for your discussion of the rules and the "right of way"
issue. A link to the Inland Navigational Rules Act (with links to
definitions and illustrations) can be found here:

http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm

And in PDF format with illustrations within text:
 
http://www.uscg.mil/vtm/navrules/navrules.pdf

Thanks again for bringing these rules up. All boaters should familiarize
themselves with the rules.

Safe Paddling, David

On 5/30/07 6:08 PM, "TomBrooklyn" <tombrook11232 at yahoo.com> wrote:

>>> 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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