"DSK" wrote in message
.. .
Bert Robbins wrote:
But, if the rag merchant has sails up and the engine running regardless
of whether it is in neutral or not he is a powerboat due to the fact that
propelling machinery can be used to avoid the collision.
Hmm... and if a sailboat has an engine in working order, it can be started
by turning the key to avoid a collision.
No.
A sailboat with an engine that doesn't work should get it fixed, so a
collision that could have been avoided by using it is (according to your
stupid theory) *still* at fault.
Yes, it the boat has the equipment aborard it should be in working
condition.
A sailboat with no engine installed and no possible way to have one whould
be banned from the water, since clearly having an engine is vital for
avoiding collisions, therefor they can be run down with impunity.
That is a possibility
In other words, you're wrong.
NO, "wrong" is the operator of a sailboat that has an engine running and is
pretending to be sailing trying to operate under the rules of being a
sailboat. Either your are a sailboat operating under sail or you are a
sailboat operating with an running engine, in this case you are a powerboat
regardless as to how many sails you have deployed.
If the boat's engine is running *and in gear* the according to the rules,
it is a powerboat.
I agree with this statement.