wake liability while in channel?

E

eahearn

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Yesterday, while outbound in the Sakonnet River, I encountered a guy in a kayak coming inbound, in the channel. This is a somewhat frequent occurrence and when it does occur, I generally slow down to no wake speed until I pass the kayaker, which I did (and of course received no acknowledgement from the kayaker). Question, in this situation, with the kayaker in the channel, if I were to continue at cruising speed, throw a wake and tip the kayaker, would I be liable? Clearly I am not constrained by size, draft or maneuverability in this situation being only a 36' boat and at the time this encounter occurred there was no other traffic that prevented me from slowing down.

Waddaythink?
 
Sad that liability and not courtesy has become the main concern on the water
 
You have to slow down by law. You are 100% responsable for your vessels wake and the affects it has on other boats, wake boards, personal sailing boards and Jetski's (some examples). This means you should slow down to a no wake speed as it sounds like you did when you encounter any situation where you can.
Bill
 
Pascal and Bill, thank you for your responses.

Pascal, just to confirm, my aim was to be courteous, but I was also trying to make sure I understood the rules of the road as they apply to that particular situation and my responsibility in that situation - maybe responsibility is a better term than liability, in the context of my question.

- Ed
 
quote:
Originally posted by Billylll

You have to slow down by law. You are 100% responsable for your vessels wake and the affects it has on other boats, wake boards, personal sailing boards and Jetski's (some examples). This means you should slow down to a no wake speed as it sounds like you did when you encounter any situation where you can.
Bill

Click to expand...

While I agree its the proper thing to do it is not the law. Like most things in the law what you should have done is only decided by a court afterthe fact. Other things taken into consideration are how you were operating and also what the kyak should have been prepared for. It all goes back to whats reasonable. If you were 100 yards away and a competent kayaker could have handled the wake probably not illegal. If you passed him at 5 yards and there was no time forhim to prepare you are probably in trouble. A further issue is it's not illegal per se you are just responsible for damages. It would be hard to claim damages for upseting a kayak which is supposed to be upset and rerighted on a routine basis.
 
I know, sorry I was being a little sarcastic :)

There is nothing in the ROR about wakes but obviously state law and the risk of being bitten by a land shark aka ambulance chaser aka lawyer means you have to take it slow :)
 
The waters I boat is a bit different from the rest of you all. If someone is dumb enough to be in the channel in a kyack, then he needs to get his head examined.
 
quote:
Originally posted by BoatCrazy

The waters I boat is a bit different from the rest of you all. If someone is dumb enough to be in the channel in a kyack, then he needs to get his head examined.

Click to expand...

So BC tell us what you do to a kayacker in the channel? Do you cut his boat in half or wake him until he falls out?
The world I live in is full of kyackers either crossing the channel or paddling through them.
The closer you get to the Ocean or ICW encountering them is less likely but it happens.
Bill
 
Bill, I slow down.

On the south shore of Long Island, there are plenty of areas for kayackers to be without being in the channel in harms way. Think of it this way, its like a guy riding a bycicle on the highway.
 
BC, how are the waters you boat in different than those the reat of us boat in?
 
BC then tell us what you do differently? This is what Pascal, myself and the posting RO do.
Bill
 
Bill, I never said I did anything differently then you Pascal and the original posting RO do.

Gregory, come down to the south shore of LI and see for yourself. Last time I checked, no two areas of boating are the same. Very shallow water here on the south shore. Keep in mind, you have "long island" then 3-5 miles across the bay is Fire Island. Then there is the parkway that runs from Fire island to point look out. So essentially its land locked with a couple inlets.

Its certainly not lake boating, which would be different.
 
I don't boat on a lake. Last I checked, Norfolk had several large rivers that form Hampton Roads, Ches. Bay, and the Atlantic Ocean. Lots of narrow channels, big ships and skinny water. All very crowded with every kind of craft you can imagine. Kayaks included. Not the same but not so different either.
 
Agree with BoatCrazy.

A properly-manned kayak can probably handle worse weather than most powerboats (but that's beside the point). You made the wake, you can deal with the land-sharks. Be a good doobie and let us know how it comes out.
 
Gregory, did I say Norfolk VA was on a lake? No, I did not. Let me further explain since lately you seem to pick apart what I say.

I stated that boating on the south shore of long island differs from where the rest of you boat. Now that means, its NOT like Norfolk VA. Guess what else is NOT like the south shore of long island? LAKES. Thats right Gregory, LAKES. Again, I never said nor implied that YOU who boats in Norfolk VA is considered lake boating. Typically, when someone puts a "." at the end of a sentence, and then hits the "Enter" button, so start a new paragraph for a thread, otherwise known as a "new thought" I hope, that clears it up, I wouldnt want anymore confusion over something so silly.
 
Man, you're one angry boater! Kayaks beware! I guess there are special rules and courtesies for the waters you boat in. Excuse me.
 
How do you figure that I am an angry boater? What have I said in this thread that shows I am an angry boater? Absolutely nothing.
 
You are also responsible to only take a vessel out that can stand up to the conditions, including wakes.
 
I swear this forum is filled with a bunch of grouchy old men these days. Have any of you all ever been in a kayak? Half the fun of it is riding the waves.

With some few exceptions (don't be right up on them, etc.) I don't think you need to worry much about your wake re a kayak-er. Most of them would be LOL reading this thread.
 
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