This posting was inspired by a FB post I authored not to long ago and in response to a FB post from a boater/neighbor who sincerely thanked courteous boaters that day who slowed down (and backhanded those that didn't) as we were all in hanging out in the flats (shallows) that sit next to a community neighborhood access channel; Mira Bay of Apollo Beach. As I read the responses from group members; some presumably were the target of the compliment and the complaint in the post. Below is an excerpt of my FB reply to some of the idiotic replies and unfounded reasons as why they needed to be going as fast as they were or on plain in this narrow channel, where on one side was a sea wall and the other where people and property were in the shallows less than 50-100 feet away.
"Resume safe operation” IS NOT a “get-out-of-my-way-cuz-I’m-in-the-channel” free card; nor does it mean to operate your boat at max rpm or speed just because the sign reads "Resume Safe Normal Operation." or "the channel is too shallow so I have to be on plain."
The above quote was only a small portion of a long-winded rant post where I was all ready irritated about something completely different; but drove my general attitude when I replied to the responses.
Everyone who operates a vessel; should read and re-read USCG RULE 2 and RULE 6. Here, I provided the rules; they aren't very long and quite to the point.
RULE 2 - RESPONSIBILITY
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
RULE 6 - SAFE SPEED
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account:
(a) By all vessels:
(i) The state of visibility;
(ii) The traffic density including concentrations of fishing vessels or any other vessels;
(iii) The maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) At night, the presence of background light such as from shore lights or from back scatter from her own lights;
(v) The state of wind, sea and current, and the proximity of navigational hazards;
(vi) The draft in relation to the available depth of water.
(b) Additionally, by vessels with operational radar:
(i) The characteristics, efficiency and limitations of the radar equipment;
(ii) Any constraints imposed by the radar range scale in use;
(iii) The effect on radar detection of the sea state, weather and other sources of interference;
(iv) The possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;
(v) The number, location and movement of vessels detected by radar;
(vi) The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.
I was required to study and review various maritime accidents and be able to properly identify what RULES were in violation which included researching criminal and civil suits involving vessels to better understand how the RULES can be applied.
Here are my "Cliff Notes:"
Your vessel's wake and its intensity is caused by the speed of your vessel. Therefore, anything that your wake collides with causing damage to person and property will fall under RULE 6 of Inland Rules. Courts have ruled that the wake made by your vessel is an extension of your vessel and you should take all precautions to ensure that your wake doesn't collide with any other object.
RULE 2, as far as wakes are concerned, comes into play as a vessel operator must do anything and everything to prevent a collision. And, since your wake is an extension of your vessel, RULE 2 holds operators accountable for their wakes.
Violations of these rules due to wake lead to both criminal (jail time and fines) and civil litigation (monetary damages). And in my humble opinion, the vessel that caused the wake is responsible for the burden of proof that the wake didn't create the collision.
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