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Jeff Jeff is offline
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First recorded activity by BoatBanter: Jul 2006
Posts: 1,301
Default more ROW questions....

Scotty wrote:
Last week while sailing up a river channel, about 200yds
wide, doing 3 kts in light. wind, I spotted , off my
starboard stern quarter, 2 powerboats, 'sitting' next to
each other. I figured they were fishing, or just talking to
each other. Then they seemed to be trolling, very slowly up
river, as I was cutting across the channel at an angle, I
figured I had plenty of time to cross in front of them,
rather than behind in case they WERE trolling lines.
Then the lead PB starts honking his horn ( like a NYer, when
the light turns green) and yelling. I heard something about
my Mother, and towing and privilege. Since we were both
going slow, and not real close, I continued on my coarse. he
never got closer than 100 ft. Only after they passed did I
see the small towing line between them.

Would a 'tow' like this have 'privilege?


No, not unless they asked for it.

Would he be considered a RAM?


Not unless they so claimed. Even then, if there was an incident, they
would have to prove they really were RAM.

Wouldn't he need to be displaying a day
shape?


Yes, or a suitable substitute. Unfortunately, in the dark, there's no
easy way for small boats to convey the nature of this situation.

Many, if not most, recreational boaters make the assumption that if
they're doing something special, like towing, they magically have
right of way and everyone has to stay clear. The truth is they have
not such rights, though you should stay clear because they are
probably incompetent. The other assumption they make is that everyone
can clearly understand what is going on, even its dark and they have
no lights.

Given that I had ample time to cross, was I still
wrong to do so?


No, they were wrong to assume you would understand their situation.
The fact that you didn't realize it was a tow until after the fact, is
a good indication they did not adequately convey the situation. If
you cleared with over 100 feet and they did not have to alter course
or speed, you were not too close.


Even if it had been a properly marked 'real' towboat, and
someone crossed in front, causing the tow to turn, but no
collision happened, what if anything could/should be done to
the crossing boat?


Unless they declare RAM, you are standon. And a real towboat would
have the means to do so.

Is there penalties for near misses?


Not typically. The ColRegs themselves don't specify any punishment,
so it would have to be under some other law.