Doug and JimC,

If ships were to maintain a speed and distance that would allow them to
avoid all collision, no ship would leave the dock.

In Bill's situation, he would have been held partially responsible due to
the speed and distance he maintained in the overtaking situation. My point
is, there are many situations that occur in narrow channels with strong
currents/tides and winds that would not have allowed a powerboater to avoid
a collision under all conditions. It is possible that any boater can cause
an accident that the powerboater could not have avoided. The courts can and
do assign partial blame for most accidents, but there are situations where a
boater is 100% responsible for an accident.


"DSK" wrote in message
. ..
"Dr. Dr. Smithers" Ask Me about my Phd @ Diploma Mill .com wrote in
JimC,
If there is a collision and both boats could have avoided the collision,
both boats can be held partially reasonable. If the sailboat in a
passing
situation turns in front of another boat and it is not reasonable for the
other boater to avoid the collision, the powerboater will not be held
responsible.


Do you realize that your two statements are a direct contradiction of each
other?

Jim Carter wrote:
Dr. Smithers, the first part of your statement is absolutely correct.
The
second part of your statement is incorrect in as much as there is no such
thing as it being "not reasonable" for the powerboater to avoid the
collision in the way Bill has described the situation. In this case it
would have been the fault of Bill's judgement. He was too close and too
fast in the situation. He MUST stay clear in the overtaking situation.


But to most motorboaters, it is unreasonable to slow down and give other
boats a wide berth. They have a RIGHT to go blasting right past any
sailboat, close aboard, and by golly that durn sailboat better just stay
outta their way!

We can only hope that a maritime court would, in the event of tragedy, see
things in a slightly more adult viewpoint.

And it's probably not going to do any good to review the ColRegs, even
with a motorboater who knows what they are, because obviously 1- he can't
read them clearly and 2- has no concept that they are applied in order and
3- clings to the idea that he has no personal responsibility or
accountability.

DSK