On 25/06/2010 11:34 PM, Bill McKee wrote:
wrote in message
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On 23/06/2010 8:59 PM, Steve B wrote:
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...
On 23/06/2010 11:30 AM, wrote:
On Tue, 22 Jun 2010 23:19:24 -0700, "nom=de=plume"
wrote:


wrote in message
...
On 22/06/2010 6:59 PM, nom=de=plume wrote:

wrote in message
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Tragic:

http://www.newschannel9.com/news/cre...-capsized.html

Terrible loss of life. Not even wearing life jackets... sad.

Darwinian actually.

It is law, if you are in a shipping lane or channel, and you are more
manouvable you ge tthe frac out of the way. Unless you have diver
flags
out, then the barge would be at fault.

Would be interesting to see who they blame.

--
The bigger government gets, the more it tends to rule out common
sense.

Unless there are facts we're not privy to, I think it's pretty obvious
who
has the majority of the fault. But, I suspect that the barge operator
will
take some percentage blame. Even if she was doing everything 'right',
she
would still have the obligation to avoid a collision.


If you are a captain pushing a barge train, there isn't much you can
do to avoid a collision.
9 barges at a couple million pounds each are not going to turn on a
dime and it might take a couple miles to stop them.
About he can do is blow his horn.

In the strictest sense, it is in the details.

If the small boat was at anchor, then this gives the boater a certian
right as they are not under power. While the barge being obviously less
maneuverable has the right of way *provided* the small boat is under
power.

If the boat was not under power and at anchor, the barge MUST warn of
it's
intent. It can't just blindly go down the river hell bent for election
and blindly run it down.

Another factor is about where the boat was anchored, is it a marked
right
of way for shipping lane? This is unfavorable for the small boat if so
marked as you are not to park your arse in a active shiping lane. But if
outside the shipping lane, this is unfavorable to the barge.

We didn't get enough details on the read to say who was in fact guilty.

Even gets more complex on what flags were out, such as a diver flag.

Speed of the abrge is less importannt here. Other than he may have been
going faster than he could safely control it. For example, if the small
boat was on anchor, out of the shiping lanes it has the right and if the
barge was going too fast for control, that is a problem with the barge
captain.

--
The bigger government gets, the more it tends to rule out common sense.

What actually ARE the regs on pleasure craft anchoring in navigable
waterways and shipping lanes?

Steve

Don't know your regs and they can vary, but in Canada it is a no-no to be
anchored or adrift in marked or mapped shipping lanes. Can't quote you the
reg, not a legal beagle either but that is on the exams here. Lots of
right of way questions.

--
The bigger government gets, the more it tends to rule out common sense.

Actually there is no "right of way" with boats. But you cut in front of a
1000 foot tanker and have a power failure or misjudge speeds, you have a
great chance of death. I personally have heard sail boaters say they have
the right of way over a tanker or freighter coming under the Golden Gate
Bridge. Fishing boat caused a tanker to hit the San Raphael Bridge a year
or two ago. Anchored in the channel. Had to pay for the damage to the
bridge piling bumper and to the ship. Luckily ship did not have much
damage. Anchored pleasure power boat fishing, is not considered not under
power as he can turn on the engine. He is not a fishing boat per regs as he
is not commercial and not nets or multiple lines out.


http://www.boatus.com/foundation/gui...igation_1.html


--
We all work for government, they ceased working for us a long time ago.