"Capt. JG" wrote in message
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"Capt. JG" wrote in message
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"Edgar" wrote in message
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"Jeff" wrote in message
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I'd be curious to see the numbers. Canoe deaths were 80 last year,
over
10% of the total; while kayak deaths were 34, or 5%. However,
Kayak sales
are about 4 times canoes, so there is a discrepancy. The two
together
have been selling about half a million a year recently, though
falling off
last year. So its quite possible that the number of "paddle boats"
out
there are equal to the number of small open power boats (or at
least a
significant percentage of them) which were involved in 350 deaths
last
year.

So I could believe that canoes are responsible for a
disproportional
number of deaths, but not kayaks. My hunch is that most kayakers
wear
PFDs, but many canoe users are actually fishing and don't think
they are
at risk.

Although I often wear a PFD while kayaking, I have trouble
convincing my
wife to do so, because we almost always kayak in very protecting
fla****er, often only a few feet deep.

I would expect a number of any deaths reported from canoes and
kayaks are
due to them being run down by fast power boats in the hands of
idiots.




Actually it is the paddler that is most often the idiot. I almost
ran over a shell in a light fog in San Francisco Bay a couple years
ago. Guy is in a white shell, wearing a white shirt, and is in the
middle of the channel area. Luckily it was me, going maybe 20 mph
and not the ferryboat doing 35 knots. You could hardly see the idiot
at 30'. Is why my next yak is going to be a bright color. And I wear
a bright red PFD when paddling. Sort of the same mentality as a lot
of sailboaters. I am in a sailboat, I have the right of way. My wife
got hit by a sailboat in Mission Bay, SD. while in a yak. Could not
get completely out of the way. He is in the back, f'n around with
something and the tiller is locked and he is doing 10-12 and is not
looking at all where he is headed. I did not have the VHF with me at
the time or he would be explaining the hit-run to the police and
lifeguards. Could not get his numbers and the other witness didn't
either. I have had sailboats with the motor running turn directly in
front of me with a 90 degree term. And other sailboaters say, maybe
he was not under power and only charging battery. BS. Motor
running, is a power boat. Same as I heard a sailboater claim he had
the right of way over a large tanker entering SF Bay. He will be
both dead, and wrong.

Technically, the engine needs to be engaged for it to be under power,
but I agree with you. If I turn on my engine, even if it's in neutral,
I consider myself a powerboat. I figure that the other guy is going to
see the raw water coming out, and that might be enough to fool him.
Why take a chance....

--
"j" ganz @@
www.sailnow.com




You get in a crash and and the motor is running and claim you were not
in gear, and are a sailboat, you are going to lose! As long as the
motor is on, your are technically a power boat. You could reach over
and put it in gear. Same as if just before the crash you pop it into
neutral. If an anchored powerboat is considered a powerboat when
anchored, you think the court will let you get away claiming under sail
status when the engine is running?

No dispute from me, except that "technically" you're not a powerboat,
unless the engine is engaged in driving the boat. Not sure what the
anchor comment has to do with it, since you're not (obviously) underway.
If you're unclear about what the rules actually say on the matter, look
it up.

I'm certain that you're right, however, when it comes to how a court
would react. That's a seperate question, which is why I consider myself
a powerboat if I have the engine on. It's not technically accurate, but
it is accurate in practice.

--
"j" ganz @@
www.sailnow.com




The motor on, and I bet the law would say power boat. As to day shapes,
when was the last time you saw a recreational boater flying them. An
anchored power boat is still a power boat in the laws eyes, and you could
start the engine and drive out of the way. Same reason the court is
going to find against a sailboater with motor running. You could engage
motor an drive boat.

I have no idea what the court would say. I suspect there would a lot of
arguments for both sides, but the law itself is pretty clear. The vessel
must be actually propelled.

I've only seen one sailboat with the dayshape in 30 yrs of sailing on the
bay. It was way over 12 meters.

--
"j" ganz @@
www.sailnow.com




The rule is under power, not propelled.