Stand-Up Paddle Boards and "Rights of Way"
- Thread starter Kings Gambit
- Start date
While I can empathize with crowds of uneducated boat operators clogging a channel let's all remember the Convention on the International Regulations for Preventing Collisions at Sea are the basis for all the COLREGS. The operative principle is prevention of collisions. All to often channels can be so crowded that sound signals would add greater chaos. Remember also one short blast does not mean I am passing anyone anywhere. This is morse code E which signals a turn to starboard. Two blasts a turn to port, morse I and morse S is 3 blasts meaning engines are running astern. In a crowded channel all these signals would be meaningless as differentiation of who is signaling whom would be improbable. I too deal with scores of every sort of watercraft in my little harbor and a very narrow channel on top of it. Simply stated I put avoiding collision on a higher priority than every rule written as is the International Convention's purpose.
Here is why the trawler was absolutely WRONG. Under international rules sound signals are signals of execution and require no response. Under inland rules which cover every harbor and the Great Lakes sound signals are signals of intent and require a response signal. Since a paddle board won't be carrying a sound signal the necessary response will not be forthcoming. At that point there is only one option which is to sound the danger signal. The trawler did more to confuse an already tenuous situation and should have known better. Additionally his actions show a lack of ability to ascertain a risk of collision situation and alter his vessels movement before he felt the necessity to sound his horn.
Here's the definition of International Rules:
(a) These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.
Here's the definition of vessel:
a) The word "vessel" includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.
Narrow Channels:
Rule 9
(a) (i) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.
(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel [ which | that ] can safely navigate only within a narrow channel or fairway.
(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway.
The thing you might be correct about is that the skipper of the trawler might have used the wrong sound signal. In any event, the trawler was off my port stern/quarter so was more on the left side of the channel, not the right (starboard) side, which is where I was
. The SUP was across the channel off my port beam, so was more in the correct spot BUT was IMPEDING the on-coming trawler being practically stopped. [However, I don't know what the application of this rule would be if BOTH are less than 20 meters length.] The trawler signaled with a single blast a turn to the right. To signal "I'm overtaking you..." WOULD have required a response which could not be given. [And not even understood.] So, maybe he was "honking." On the other hand, as pointed out--MAYBE the guy meant his signal for an approaching vessel and had nothing to do w/the SUP! Nevertheless, the SUP responded and more toward the path that the trawler skippered had indicated he was taking.See BELOW;
(c) When in sight of one another in a narrow channel or fairway:
(i) a vessel intending to overtake another shall in compliance with Rule 9 (e)(i) indicate her intention by the following signals on her whistle: two prolonged blasts followed by one short blast to mean "I intend to overtake you on your starboard side" two prolonged blasts followed by two short blasts to mean "I intend to overtake you on your port side"
(ii) the vessel about to be overtaken when acting in accordance with 9(e)(i) shall indicate her agreement by the following signal on her whistle: one prolonged, one short, one prolonged and one short blast, in that order.
Tell me that would not have shaken up everybody in the channel at that time INCLUDING ME!!!
Still wrong KG. The instant he sounded he was indicating intent and was obliged under the rules to wait for a response. Rules of intent require a response under inland rules. The failure to recognize a situation developing requiring a sound signal was his and his alone since one would not rightly expect a paddle board to carry a signaling device. We must then consider was the paddle board down bound or upbound since vessels downbound by their course not to be confused with heading are stand on vessels. It is never as cut and dried as it would seem. Consider the tug captain found guilty of manslaughter in the Philly duck boat incident. A tug in tow being crossed by another vessel. These rules are all written to provide guidance in situations where the master's judgement has lapsed. The judgement needed not to proceed into a situation where the rules are required. This is the essence of seamanship and they even include rules where deviation from these rules to the extent necessary are not only condoned but required.
I'm trying to tell you: it's not inland waters-- a sea channel to a marine harbor.
Wouldn't matter anyway KG. The rules treat them pretty much as flotsam. From the USCG FAQs: 13. Where do Kayaks and Canoes fit into the Navigation Rules? Neither the International nor Inland Navigation Rules address "kayaks" or "canoes" per se, except in regards to "vessels under oars" in Rule 25 regarding lights. One could infer that a "vessel under oars" should be treated as a "sailing vessel" since it is permitted to display the same lights as one, but, ultimately the issue of whom "gives way" would fall to what would be "required by the ordinary practice of seamen, or by the special circumstances of the case" (Rule 2). There is that pesky rule 2 again. Are they a pain? Yes definitely. I get surrounded by kayaks constantly. I proceed only fast enough to maintain steerage. Out of curiosity, how the heck far offshore was the paddleboard to be operating in international waters. That is marked on the chart. This person sounds insane to be out that far. All the more reason to steer clear.
Inland vs International
The transition is at the "Line of Demarcation" find it on your chart. Some places in fact most places here on the Gulf Coast it is right off the beach. So you do not have to go far.
All those folks paddling around have just as much right to be where they are as you do. Be kind, be gentle and help them understand the perilous position they may put themselves in.
The transition is at the "Line of Demarcation" find it on your chart. Some places in fact most places here on the Gulf Coast it is right off the beach. So you do not have to go far.
All those folks paddling around have just as much right to be where they are as you do. Be kind, be gentle and help them understand the perilous position they may put themselves in.
Doesn't make a difference whether it is international or inland waters, the situation is going to ultimately going to revert to Rule 2. Each captain ultimately must avoid a collision even if some rules are broken. The Trawler correctly sounded his intent, needed to slow down & monitor the position & course of the paddle board, sound the emergency signal immediately if the board was not responding properly, and simultaneously began collision avoidance maneuvering. If the trawler doesn't do these things, the captain will likely be charged with contributing to or possibly causing a collision. Gotta be extra careful out there, especially with kids on paddle boards, kayaks, & jet skis.
Reminds me of a situation I encountered a few years ago in Pensacola. Was heading to my dock in Bayou Chico. There happened to be a Kayak regatta??? in the bayou that morning--must have been 30 paddling around in the bayou, that is a commercial waterway. All adult kayakers were oblivious to my presence. I sounded the danger signal just to get their attention and proceeded at dead slow speed just to maintain steerage and keep out of their way. I was a bit aggravated by their lack of concern.
Reminds me of a situation I encountered a few years ago in Pensacola. Was heading to my dock in Bayou Chico. There happened to be a Kayak regatta??? in the bayou that morning--must have been 30 paddling around in the bayou, that is a commercial waterway. All adult kayakers were oblivious to my presence. I sounded the danger signal just to get their attention and proceeded at dead slow speed just to maintain steerage and keep out of their way. I was a bit aggravated by their lack of concern.
What would be a miracle is if someone could condense all this rule speculation into a 5 or 6 word phrase a skipper could use to convey the circumstance and his intent.... and still be a gentleman.
As it stands now... no conclusion has been reached short legislating a license rule for recreational watercraft..... heh, heh.
As it stands now... no conclusion has been reached short legislating a license rule for recreational watercraft..... heh, heh.
KG has been posting some interesting situations that any of us might encounter on any given day. The true value in them is the variety of locations and application of the rules of navigation to real world situations. No doubt we will all encounter those with no clue or just don't care and the variety of responses to these situations. This gives us a chance to learn ways or at least to ponder our reaction to deal with these situations before they happen. Thanks KG for your ability to observe these situations and bring them here for our benefit.
Perspective is important ... Avoiding collision imperative ... However as one who has taken the helm of a paddle board, kayak, sailboat, and motor yacht ... Confined areas are a challenge for all in different ways.
What I find interesting is the general perception of paddle boarders in this thread is very similar to the perception of sailors held by power boaters in power boat circles.
"Stand on/give way" has never connoted "Right of way". Education for all is critical. Common sense, such as not paddling in a confined channel is also part of the puzzle.
What I find interesting is the general perception of paddle boarders in this thread is very similar to the perception of sailors held by power boaters in power boat circles.
"Stand on/give way" has never connoted "Right of way". Education for all is critical. Common sense, such as not paddling in a confined channel is also part of the puzzle.
After consulting the chart, it's likely that both I and the SUP were inshore of the COLREGS Demarcation Line (i.e., Inland Rules) when the horn blast was let go. I can't say whether or not the trawler was as he was approaching from sea, and it all happened near that area. But probably so as well. Thanks for reminding us of this difference.
OK, it looks as if we've exhausted this topic (for now). Thanks for all of your input; learned something new, as I usually do, from discussions in this forum!
KG
KG
SBO as a Deliberative Body--From the Log!
http://www.thelog.com/AskAMaritimeAttorney/Article/Rules-of-the-Road--Part-III#sectional=Ask a Maritime Attorney
Some say self-citation is vanity; others--confirmation of ones earlier "work." In either event, see at the link below from the latest The Log a "continuation" of our discussion on SUPs. No better conclusion was reached over that of the SBO in either of the two examples mentioned! SBO's forums might yet surpass the US Senate as the world's greatest deliberative body!OK, it looks as if we've exhausted this topic (for now). Thanks for all of your input; learned something new, as I usually do, from discussions in this forum!
KG
http://www.thelog.com/AskAMaritimeAttorney/Article/Rules-of-the-Road--Part-III#sectional=Ask a Maritime Attorney
A bit of an addendum.
Earlier in this thread I mentioned the problems we encounter with paddle boards and kayaks. Well, my son and a friend rented some paddle boards from the last vendor to operate past labor day a week ago.
I asked him if the operator offered any instruction or advice. The only thing my son was told was that they had to have a PFD with them (it need not be worn). No information was given as to where they should operate, how to avoid traffic conflict, etc... This simply reinforces my idea that I should have a chat with the operator and suggest that he give some basic advice to his customers so they don't end up getting run over.
Earlier in this thread I mentioned the problems we encounter with paddle boards and kayaks. Well, my son and a friend rented some paddle boards from the last vendor to operate past labor day a week ago.
I asked him if the operator offered any instruction or advice. The only thing my son was told was that they had to have a PFD with them (it need not be worn). No information was given as to where they should operate, how to avoid traffic conflict, etc... This simply reinforces my idea that I should have a chat with the operator and suggest that he give some basic advice to his customers so they don't end up getting run over.