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Jere Lull Jere Lull is offline
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First recorded activity by BoatBanter: Jul 2006
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Default Dangerous mega yacht warning for Maine

In article ,
Capt. Bill wrote:

On Thu, 27 Jul 2006 06:51:16 -0400, "Sal's Dad"
wrote:

OK Capt. Bill, I'll bite.

Just how DOES the "wake rule" work? And please, if you can, provide
citations or links? Apparently I have misunderstood all these years; I
would welcome an opportunity to be educated.

Sal's Dad


At least here in Florida from what I've been told by LE you are held
to a "reasonable person" standard.

In other words if your motoring down the ICW in a non-restricted speed
zone and your wake travels lets say, a 1/2 mile out and behind you,
and tips over a kayak-er that you couldn't see or be expected to know
was there you most likely would not be held liable.


As it happens, the captain of a freighter transiting the C&D canal up
here a few years ago was prosecuted for serious damage, as I recall
including a death, due to his wake.

In Admirality Court, the "reasonable person" standard is adjudicated by
those who know what a professional mariner should know. It's not like
civil court.

--
Jere Lull
Xan-a-Deux ('73 Tanzer 28 #4 out of Tolchester, MD)
Xan's Pages: http://members.dca.net/jerelull/X-Main.html
Our BVI FAQs (290+ pics) http://homepage.mac.com/jerelull/BVI/