OK if it's not a vessel what is it? How about all those casinos?
http://www.washingtonpost.com/polit...6f55b6-5f54-11e2-9940-6fc488f3fecd_story.html
http://www.washingtonpost.com/polit...6f55b6-5f54-11e2-9940-6fc488f3fecd_story.html
Not a vessel!
- Thread starter stmbtwle
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Well, a double wide mobile home is hardly a car, residual wheels notwithstanding, so I think they have a point. Giving something a random characteristic just so it becomes mobile does not make it something it really isn't. And it sounds like a major can of worms for those casinos. If someone puts a rowboat full of flowers on his lawn, does his landscaper become subject to the Jones Act?
Consider this quote:
Sotomayor wrote that the majority’s introduction of what a “reasonable observer” might glean from examining a craft muddies the issue, when what is needed are “clear and predictable legal rules for determining which ships are vessels.”
So our national fate is being determined by unelected appointees who apparently do not understand that ALL Ships ARE Vessels? Guess so. They've already demostrated much more that they do not understand.
Sotomayor wrote that the majority’s introduction of what a “reasonable observer” might glean from examining a craft muddies the issue, when what is needed are “clear and predictable legal rules for determining which ships are vessels.”
So our national fate is being determined by unelected appointees who apparently do not understand that ALL Ships ARE Vessels? Guess so. They've already demostrated much more that they do not understand.
Rule Three:
All vehicles that operate on the water are vessels, including displacement craft (those that "float" or are supported by the static buoyancy derived fro the water that their hulls displace), non-displacement craft (those that are supported by the dynamic lift of hydrofoils or other lifting surfaces, such as planing hulls), and seaplanes. The phrase "used or capable of being used as a means of transportation" implies the practical transportation of people or cargo. Inner tubes are not included, although sailboards are.
Is a Barge Powered? NO! Covered by NAVRULS as Vessel? YES!
All vehicles that operate on the water are vessels, including displacement craft (those that "float" or are supported by the static buoyancy derived fro the water that their hulls displace), non-displacement craft (those that are supported by the dynamic lift of hydrofoils or other lifting surfaces, such as planing hulls), and seaplanes. The phrase "used or capable of being used as a means of transportation" implies the practical transportation of people or cargo. Inner tubes are not included, although sailboards are.
Is a Barge Powered? NO! Covered by NAVRULS as Vessel? YES!
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Was there a Winner in that mess?
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Yes thud, several winners.
The original petitioner can now go back to sueing the Town of Riviera Beach for seizing and destroying his home.
The casino operators now have proper guidelines for employees and employment that were a muddy area.
A floating home can now be assessed for property tax purposes the same as a home on land. Prior to this the slip
only was assessed and, unless there was a separate property taxaton the "vessel got a free ride.
The original petitioner can now go back to sueing the Town of Riviera Beach for seizing and destroying his home.
The casino operators now have proper guidelines for employees and employment that were a muddy area.
A floating home can now be assessed for property tax purposes the same as a home on land. Prior to this the slip
only was assessed and, unless there was a separate property taxaton the "vessel got a free ride.
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Turns out that seaplanes, once they land on the water, are covered by Maritime/Marine law - - and better have PFD's for each passenger.
An overly attentive County cop on marine patrol in a a nearby area issued several summons' to a seaplane on the water last season!
Folks:
This case had nothing to do with definitions under the Navigational Rules. It was about the definition of a vessel under admiralty jurisdiction, 28 U.S.C. section 1333 which allowed the city to sue the "vessel" and seize it for unpaid storage fees. We now know that a whale dispite the fact that it is transporting Jonah inside, as an unpowered, non-steerable floating object is not a "vessel" under Admiralty law. However I still maintain that in spite of what the Supreme Court said, three men in a tub afloat on the water (assuming they had something with which to paddle) is a vessel and would be required to comply with all Admiralty and the NAVRULES.
Hundred of thousands of dollars spent over a marina bill of a few thousand. I guess a man's home is still his castle and may not be his "vessel".
Gene
This case had nothing to do with definitions under the Navigational Rules. It was about the definition of a vessel under admiralty jurisdiction, 28 U.S.C. section 1333 which allowed the city to sue the "vessel" and seize it for unpaid storage fees. We now know that a whale dispite the fact that it is transporting Jonah inside, as an unpowered, non-steerable floating object is not a "vessel" under Admiralty law. However I still maintain that in spite of what the Supreme Court said, three men in a tub afloat on the water (assuming they had something with which to paddle) is a vessel and would be required to comply with all Admiralty and the NAVRULES.
Hundred of thousands of dollars spent over a marina bill of a few thousand. I guess a man's home is still his castle and may not be his "vessel".
Gene
But if a "floating home" is taxed the same as a home on land, suppose someone hangs an outboard on it and decides to move; then what? Or the Casino decides to relocate and hires a tugboat.
I suspect there are going to be a lot of lawyers making money on this decision for a while...
I suspect there are going to be a lot of lawyers making money on this decision for a while...
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I suspect the PFDs on a float plane need USCG blessing while those on a plane not intended to land on water need only that of the FAA. Look! Up in the air. Its a plane!! No, its a boat!!!
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A Barge is a non powerd non steerable vessel too.
When I was a kid in Hi School I decided I never wanted to handle some of the stuff the SCOTUS handles.
When I was a kid in Hi School I decided I never wanted to handle some of the stuff the SCOTUS handles.