Who is at fault

[letterman]

Recently I was motoring after lowering the sails and must have been dog tired. I had several people on board, none of whom knew the rules of the road for boaters. On my starboard side about 100 yards away was a sailboarder who turned towards me. I kept my eye on him and figured out we were on a collision course. When he got close enough I slowed down from 5 knots to 1. He aimed to go in front of me, then decided to go behind me and ended up hitting the aft end of my boat saying "Thanks a lot". He never fell off the board nor did he lose control.
The winds that day were in the 18 to 21 knot range with no gusts. And it was clear.
In hindsight I should have gone behind him as he is considered a sailboat and I was motoring.
My thought were that he is much more maneuverable than I and faster and should have been able to avoid me. Sailboarders in this area generally go in the 20 to 30 knot range and this guy, being on a beam reach should have been well above 10. As we collided he had to be doing 7 to 8 (he was at an angle to me). Sailboarders in this area purposely aim for you to JUMP your wake and they have done that a few times in the past. I assumed that was what he was going to do.
I called the CG who said "You are at fault". When I told him the rules are even if you are in the right, all parties must avoid a collision, he responded "Not so. By Law you are wrong."
So...what would you have done?

 

[Winkfish]

Did the CG tell you why you were at fault? Was it the "motoring vs sailing" rule? As for the catch-all of avoiding a collision, assuming that you were at fault, the other guy's failure to avoid a collision doesn't excuse your fault/liability under the law, but it may reduce his damages (comparative fault doctrine).

As for me, even if I have the right of way, I always assume the other guy does NOT know the rules. If he's not changing course on his own, and doesn't listen to my verbal pleas, I change my course.

 

[Don S/V ILLusion]

Your preface that you must have been "dog tired" implies you already know part of the problem. That plus the three words "I was motoring" kind of minimizes the other details. If it were me, I'd be happy the guy wasn't injured or worse as with the above two statements, you'd be in a pretty bad place.

 

[JohnShannon]

So it seems, sail over power that makes the sailboard the right of way vessel.
You slowed down giving him right of way, so far so good. Then he executes a sudden and unannounced course change and hits you? I don't know if it is all as clear cut as the CG would have you believe. This however might be just like when granny shifts into reverse at the light and backs into you, kind of hard to defend yourself

 

[tommays]

At the speed of a sailboard i disagree as no amount of maneuvers on your part can keep you clear of a vessel bearing down on you at 20+ knots who is oblivious to other craft

There is a sailboard area on the Great South Bay here and they offen pass my powerboat

 

[shemandr]

By slowing down you took evasive action. The sailboarder had the opportunity to avoid the collision and did not. In my opinion he was wrong.
I wouldn't assume that the Coast Guard person knows the rules that well.

 

[LuzSD]

I think I would have made sure I was going behind him pretty much from my first sighting of him. To slow down so much, it seems that would just confuse things. When we are approaching another boat, it is my assumtion that they willl be keeping their speed somewhat regular and that is what I would use to estimate when we might meet. Small fast sailboats, I just make sure I am not in their way pretty much no matter what.

 

[RichH]

Who is at fault? You BOTH were !!! In 'admiralty' situations where there is a collision, fault is always assigned by degree or percentage of fault.

1. You were a 'motoring' and had the responsibility to keep clear of a boat sailing.
2. He hit you and didnt allow proper clearance to avoid the collision .... including even if he was out of control.

Probable guesstimate fault: 75% your fault, 25% his fault. The 'heavier' weight of your fault because you were the 'more maneuverable' ... and didnt.

;-)

 

[Witzend]

I'm an avid Windsurfer and run into this situation all the time. Regardless of whether or not he had the right away, he is a fool for coming this close. I will always change course to the downwind side to go significantly behind any vessel regardless of it mode of propulsion. He had the right idea, but did not allow enough room. Changing your speed from 5 kn to 1 was insignificant if he were to allow the proper room. I see many windsurfers reaching speeds of 30kn where I sail. Some of these guys will run in front of a vessel so they don't get down wind. Ill-advised in my opin. a good way to get run over!

 

[Scott B]

If I am going to alter course to avoid another boat, I always make in well in advance and make my intentions clear so he can make a descision on his course with lots of time.

If you were going to slow down, I would have done it right away so he knew what you were up to. In his mind you were holding course and speed, he was trying to avoid you?

 

[LuzSD]

An interesting perspective, somewhat related to this post:

Yesterday we went out with our boat neighbors in their trawler. It was interesting to watch and listen to his idea of who had rights etc. I realized that he was using autopilot the entire time, just moving it here and there. I wondered if that might be the case when so many big powerboats just tend to aim right for us only correcting at the last few minutes. Also, using the auto pilot I noticed that there was far less attention to traffic around us, compared to when we are sailing. I spend so much of my time scanning my surroundings and I know where everyone is. He seemed to deal with each as they approached. One sailboat, under sail, was crossing us on a starboard tack and our friend "couldn't believe she was cutting US so close"!! I gently told him that she really did not have alot of choices but he really did not get that. SO, I think we are always safer to assume that powerboats do not really "get" sailing and how much we can do.

 

[Tom Spohn]

1. As the "Stand On" vessel the sailboarder has the responsibility to NOT alter his course.
2. As the "Give Way" vessel it is your responsibility to change course to avoid the collision. You did slow down which was the right thing to do.

 

[Peggie Hall HeadMistress]

Rules when passing or crossing...

CG was right...you were at fault.

Sailboarder was NOT stand-on...he was crossing you. The vessel being passed or crossed is the "Stand-on" vessel...and the stand-on vessel, regardless of whether power or sail, is obligated to maintain course and speed till the vessel that's doing the passing or crossing is well clear of it.

So you should not have slowed down, or done anything else until/unless it became necessary to take immediate evasive action to avoid a collision, which wasn't the case. By slowing down, you caused him to miscalculate how far to go behind you, which resulted in him hitting you.

However, I'd say there's some shared responsibility, 'cuz he needed to pick a course and stay with it, but didn't. So if I were on a jury, I'd vote that you were 60% at fault, he was 40%.

 

[Mulf]

I have friend who has years of powerboating...

experience and also owns his own twin engine airplane. He has his full instrument rating (allowed to fly at night or in zero visibility). Given that a sail and the airplane wing work the same way, I had always assumed that pilots would understand the lift and stall from a sail as they have to understand that to keep the plane in the air. I finally got him out sailing with me one day, and let him have the helm. We were sailing nicely across the Chesapeake doing 5 to 6 knots in good steady wind when we sailed into and through a field of crab pot bouys. He stalled the boat three different times before he began to understand that you can't make a sailboat go dead into the wind to avoid an obstacle. I also had to educate him what happens to the wind the sailboat is using when his 45' Viking passes in front of the sailboat rather than behind. Never assume that a powerboater (even a smart one who knows all the rules of navigation) understands the complexities of sailing a sailboat.

 

[Maine Sail]

RULE 8
ACTION TO AVOID COLLISION​

(a)Any action taken to avoid collision shall be taken in accordance with the Rules of this Part and [Intl] shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
(b)Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.
(c)If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.
(d)Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.
(e)If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.
(f)

1. 1. A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.
   2. A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the rules of this part.
   3. A vessel, the passage of which is not to be impeded remains fully obliged to comply with the rules of this part when the two vessels are approaching one another so as to involve risk of collision.

Having been a sailboarder, waaaay back in the 80's, I can't honestly see how going from 5 knots to 1 knot would be readily apparent to me if I was doing 10+ knots on a sail board. He likely understood he was stand on but had no clue you slowed down and was waiting for a course change. When no change came he perhaps tried to make off your stern and then perhaps realized you had slowed but it was to late.

An early and abrupt course change would have been a much better indicator to a sailboard that your intentions were to give him the stand on position, which he had. If you were in a planing power boat a speed change might be enough but on a displacement hull that change would not be easily "visible" to the sailboarder..

In your situation the sailboard was stand on under the COLREGS as you were under power.

 

[Tim R.]

By slowing down you took evasive action. The sailboarder had the opportunity to avoid the collision and did not. In my opinion he was wrong.
I wouldn't assume that the Coast Guard person knows the rules that well.

I agree with this but I am also a windsurfer and I can tell you that he probably did not detect your change in speed. Things are happening much faster on a sailboard than what you are used to.

He was the stand on vessel and should have maintained his course and speed. You should have steered your boat to show him that you were avoiding the collision.

Again, no one is truly without fault under admiralty law.

Also, it is very good no one was hurt. He sounded like he had an attitude(not all of us do) and a simple apology from you would have shown you were the better person.

 

[Hermit Scott]

It sounds as if he was trying to buzz by you, like Maverick doing a flyby on the tower in topgun. If so he got exactly what he deserved, if not then actions by both of you weren't clear enough by both of you to easily tell what the others intentions were.
If you exaggerate your movement it will be easier for others to tell what you are doing.

 

[Scott T-Bird]

Any damage done?

If not, don't worry about your actions too much. A windsurfer should never be on a collision course with anything ... that's just asking for trouble. The guy may not have had the right size sail for the condition and may have been struggling to stay on a plane, which is where the speed comes from. If he was planing, he had no business maintaining a course where you had to take corrective action.

To give him some benefit of the doubt, sailboards aren't nearly as maneuverable as they would appear under certain circumstances. If he was on a short board and had an undersized sail, he may have been slogging on a course that he was reluctant to change for lack of wind. I've been in circumstances where I was just trying to get back to shore before the wind dies completely. When you are on a short board, there is very little flotation when you're not planing and very little manueverabily. I know it looks like they're just standing there on a floaty board, but try standing on a boogie board (in the water )and you get the idea how it feels to be on a short board with no wind.

It's hard to tell from your description if the guy was on a long board or short board and if he was competent or not ... it makes all the difference. A good windsurfer can make it look effortless, a learning windsurfer may be having problems just maintaining a course without falling off.

 

[OldCat]

Turn Away! Decisively!

If you turn away from the other 'boat' and show him your stern, then to hit your stern he pretty much has to be the 'overtaking' boat. As I understand it, the 'overtaking' boat is ALWAYS* the give way vessel, regardless of power type (human, sail, motor). Also note that a turn of this nature should be pretty obvious, another advantage under the law. It might or might not not absolve you of all blame, but a turn away to present your stern should change the fault allocation.

OC
tich tor ang tesmur

* I have read Colorado law on this recently, but not CG regs, I assume that CO law follows CG regs, and as a note, I am not a lawyer. So my opinion is FWIW.

 

[Ross]

In situations like the one discribed I turn towards the other vessel in a manner that will carry us past each other with me going under his stern. I make this turn as soon as I can be certain that he is on a constant bearing.