Proper interpretation of no-wake rules
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On Thu, 24 May 2007 19:23:08 -0000, thunder
wrote:
On Thu, 24 May 2007 17:46:01 +0000, JoeSpareBedroom wrote:
What the cops are doing makes perfect sense. The signs say "No Wake
Zone". That means your wake can't enter that zone. It doesn't say your
boat has to be in the zone while making a wake in order for you to get
in trouble.
That would depend on the law as written. I'm thinking the cops are
stretching the law here. Most "no wake zones" are written concerning the
boat. Some examples:
Any vessel operating in a speed zone posted as "Idle Speed - No Wake"
must operate at the minimum speed that will maintain steerageway.
(Florida)
No person shall operate a powercraft within or through a shore zone,
danger zone, or any area marked as a no wake zone at a speed that
produces a wake. (Ohio)
Operate within designated "no wake" area except at headway speed without
creating a swell or wake. (Texas)
When operating your boat in a no-wake zone you must proceed at a speed at
which the vessel does not produce a wake, not to exceed 5 miles per hour.
(Alaska)
You'll notice all of the above state the boat be *in* a no wake zone.
I haven't been able to locate the applicable New York law, but I'd want
to see it before paying the ticket.
I agree with your analysis. This will probably fail in court if it
gets that far. They should just move the signs farther out.
Fortunately (or not), NY does not require that local judges have a law
degree. This is one of those times when local opinion (and common sense)
could come in handy.
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