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#1
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![]() "Jeff Morris" wrote in message ... "Rick" wrote in message hlink.net... Jeff Morris wrote: So you're saying that the kayak has the right to be there even if the law says he shouldn't. There is no law saying it doesn't. Why are you having so much trouble with that? Because the law says the kayak "shall not impede." I fail to see how the kayak complies with this in the fog. I would also claim its in violation of rule 2, but I admit thats a bit subtle. Jeff, you really should try reading the CollRegs without placing your personal interpretation on them. They do *NOT* say that a kayak should not cross a TSS. Realy. They don't. Honestly. Look again. You may feel that you are an expert on the CollRegs. You are not. So even if the kayak is breaking the rule by impeding my progress, I don't have the right to kill him. Is that you whole point? Interesting. Until or unless the kayaker impedes the tanker no rules are broken. So the kayak has the right to be there if it can gaurantee no other vessels will be there? I suppose I might agree, but it seems rather pointless. But this logic would also say 100 knots is legal in a harbor if you don't hit anyone. (OK, I've heard it said, by a CG officer, that hitting someone is proof that you're in violation, but I think you are in violation if you "increase the risk" of a collision.) Twit! You never have a "right" to kill someone on another vessel. Sorry if that upsets you. No - that was a parody of your sentiments. You seem to have made the leap that because I think the kayak has no business being in a TSS in the fog, I would ignore the possibility that it might be there. Just the opposite is true - because I know there are such fools, I am extra cautious. You seem to be claiming the opposite: even if the kayak is there, it would comply with the rule and not impede. I don't see how this is possible. However, the truth is I do not drive an oil tanker and I usually am doing under 5 knots in the fog. And contrary to what Donal claims thick fog for me is an "all hands on deck" situation. Frankly, I'm more likely to be in the kayak (actually my rowing dinghy) terrified that some powerboater will ignore the possibility that I'm rowing in the anchorage. I don't understand what possesses people to think a tiny boat is safe in the fog in a shipping lane; isn't this a perfect example of what Rule 2 is talking about? Nobody said that a tiny boat would be safe in the fog in a shipping lane. But I'm really confused about two points: Why are you so obsessed with claiming the kayak has a "right to be there" when the ColRegs so clearly imply it doesn't? Where do the COLREGS "imply" the kayak has no right to use the waterway? They can use them when they can fulfill the obligations of the ColRegs. Since its obvious that the kayak cannot fulfill its obligations, it shouldn't be there. Of course, it has the "right to use the waterway" as long it complies with the regulations. But does it still have that right if its obvious it can't or won't comply with the regulations? For all of your theoretical talk, you've ignored the essential practical issue: Do you really think a kayak can fulfill its obligation not to impede in thick fog? Let me turn the question around. Will the big ships be proceeding at a safe speed, in fog? You seem to be ignoring the realities of life. The big ships will be going too fast, and they may not be sounding their fog horns, and the little boats may not be able to give an absolute guarantee that they will not impede a big ship. And why does it bother you so much that I would point out this issue? It bothers me that people like you are spouting off on a sailing newsgroup that certain types of boats have no legal right to use the navigable waters of the US. It bothers me that people like you pontificate based on meaningless issues like "the kayak isn't breaking the law until it actually impedes the tanker." That may be linguistically true, but in practice its bull****, and you know it! Consider: if some naive reader interprets your claim as free license to frolic in shipping lanes in the fog, are you a murderer? I can sleep knowing that perhaps I've encouraged some kayaker to reconsider; could you live with yourself if someone died based on your advice? Don't try to play the "politically correct" card! It makes you look stupid. Isn't it reasonable to advise readers that kayaks really don't have right-of-way over oil tankers? Who said they did? As much as it bothers you I have repeatedly stated in no uncertain terms that the kayak is permitted to use the waters in accordance with COLREGS and the applicable VTS rules. Why is that such a struggle for you? Because you're hiding behind the phrase "in accordance with the COLREGS." Are you now reduced to suggesting that being in accordance with the CollRegs is wrong? Its like saying "I can drink as much as I like because I don't get drunk." If the obvious result of your actions is that you WILL violate the rules, then you have no business starting out. Jeff, I advised you to claim that you were only trolling. You really should have taken my advice. The rules apply to everybody. Regards Donal -- |
#2
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"Donal" wrote in message
... There is no law saying it doesn't. Why are you having so much trouble with that? Because the law says the kayak "shall not impede." I fail to see how the kayak complies with this in the fog. I would also claim its in violation of rule 2, but I admit thats a bit subtle. Jeff, you really should try reading the CollRegs without placing your personal interpretation on them. Why? There are many situations that aren't covered explicitly in the ColRegs. Rule 2 is one of the most important, yet its meaningless without interpretation. They do *NOT* say that a kayak should not cross a TSS. Realy. They don't. Honestly. Look again. Yes, they do not say it explicitly. Where do the say 25 knots in the fog (with a lookout, of course) is too fast? You may feel that you are an expert on the CollRegs. You are not. Compared to you, its pretty easy. Actually, I've only asserted that the kayak should not be out there because it cannot comply with the rules. Am I wrong? Can the kayak comply, or will it survive merely by blind luck? I don't think I claimed its against the law, only that the rule implies he shouldn't do it. I don't understand what possesses people to think a tiny boat is safe in the fog in a shipping lane; isn't this a perfect example of what Rule 2 is talking about? Nobody said that a tiny boat would be safe in the fog in a shipping lane. So even though you agree its "unsafe," I'm not allowed to say the kayak has no business out there. So your position is that unsafe acts are OK as long as there are no ramifications. And that no one has the right to say they shouldn't be there. But I'm really confused about two points: Why are you so obsessed with claiming the kayak has a "right to be there" when the ColRegs so clearly imply it doesn't? Where do the COLREGS "imply" the kayak has no right to use the waterway? They can use them when they can fulfill the obligations of the ColRegs. Since its obvious that the kayak cannot fulfill its obligations, it shouldn't be there. Of course, it has the "right to use the waterway" as long it complies with the regulations. But does it still have that right if its obvious it can't or won't comply with the regulations? For all of your theoretical talk, you've ignored the essential practical issue: Do you really think a kayak can fulfill its obligation not to impede in thick fog? Let me turn the question around. Will the big ships be proceeding at a safe speed, in fog? I'll concede that in practice they "push the envelope." You seem to be ignoring the realities of life. The big ships will be going too fast, and they may not be sounding their fog horns, and the little boats may not be able to give an absolute guarantee that they will not impede a big ship. No, there's a difference. The big ships have a rather good record with hundreds of thousands of passages. They have the equipment and training to keep them out of trouble, as long as they use them properly. Most screwups are blatant blunders, not just running a bit too fast. Knowing that perhaps they are going a bit too fast, I'm extra cautious when around them. As I'm sure you are. The kayak, on the other hand has no means to see the traffic, be seen, or get out of the way. Though they would likely become chum in a collision, its possible someone could be injured trying to avoid them. In a similar case in the Chesapeake a few years ago, a freighter ran aground avoiding a sail boat the was drifting in the channel. Rather than starting their engine when it was clear they were drifting into the channel, they waited until a ship was close, and then couldn't get the engine started in time. Most people thought "they had no business being there." The hypothetical kayak situation is far worse - they can't claim mechanical failure, or that the wind dying. Its not that the small boat is not able to "give an absolute guarantee," its that the small boat is effectively asserting it will make no effort to avoid impeding. And why does it bother you so much that I would point out this issue? It bothers me that people like you are spouting off on a sailing newsgroup that certain types of boats have no legal right to use the navigable waters of the US. It bothers me that people like you pontificate based on meaningless issues like "the kayak isn't breaking the law until it actually impedes the tanker." That may be linguistically true, but in practice its bull****, and you know it! Consider: if some naive reader interprets your claim as free license to frolic in shipping lanes in the fog, are you a murderer? I can sleep knowing that perhaps I've encouraged some kayaker to reconsider; could you live with yourself if someone died based on your advice? Don't try to play the "politically correct" card! It makes you look stupid. No, its the appropriate response to Rick's claim that it bothers him that I'm "spouting off." What if someone claimed that the kayak had right-of-way and that the large ships would clearly stop? Then would it be OK? I stand by my claim that the kayak has no business out there, and you've even agreed that its dangerous and stupid. I'd rather be slightly wrong in the law than have someone think its OK to be out there. Isn't it reasonable to advise readers that kayaks really don't have right-of-way over oil tankers? Who said they did? As much as it bothers you I have repeatedly stated in no uncertain terms that the kayak is permitted to use the waters in accordance with COLREGS and the applicable VTS rules. Why is that such a struggle for you? Because you're hiding behind the phrase "in accordance with the COLREGS." Are you now reduced to suggesting that being in accordance with the CollRegs is wrong? No, but its meaningless to claim everthing is OK as long as its "in accordance" with the ColRegs. Its a tautology, like saying "It'll be a nice day if it don't rain." Rick was saying that whenever I asked how the kayak would fulfill its obligations. You had a major fit when I said that as long as a lookout is maintained its OK to run primarily on Radar - that's strictly in accordance with the ColRegs. Why is my claim about the kayak any different from your claim about 25 knots? Its like saying "I can drink as much as I like because I don't get drunk." If the obvious result of your actions is that you WILL violate the rules, then you have no business starting out. Jeff, I advised you to claim that you were only trolling. You really should have taken my advice. I haven't been trolling. Like it or not, my interpretation of the ColRegs is reasonable - I've never asserted anything that isn't there, I've only claimed that there are implications beyond the precise words. I've outlined my logic so that everyone can make up their own mind. I've admitted, pretty much from the beginning that the kayak is not explicitly forbidden from the TSS, only that it shouldn't be there because it is unable to fulfill the responsibilities implied. If I'm wrong, its only in claiming that deliberating putting oneself into a situation where one is unable to avoid violating the rule is in itself "frowned on" by the rules. You, on the other hand, support your claim about 25 knots by repeatedly lying that I advocate no lookout, and making some odd claim that there are specific speed limits in the ColRegs. You obsessively repeated your lies, with vague threats. It that isn't stupid trolling, I don't know what would qualify. The rules apply to everybody. As long as they follow your interpretation? |
#3
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![]() "Jeff Morris" wrote in message ... "Donal" wrote in message ... There is no law saying it doesn't. Why are you having so much trouble with that? Because the law says the kayak "shall not impede." I fail to see how the kayak complies with this in the fog. I would also claim its in violation of rule 2, but I admit thats a bit subtle. Jeff, you really should try reading the CollRegs without placing your personal interpretation on them. Why? There are many situations that aren't covered explicitly in the ColRegs. Rule 2 is one of the most important, yet its meaningless without interpretation. They do *NOT* say that a kayak should not cross a TSS. Realy. They don't. Honestly. Look again. Yes, they do not say it explicitly. Where do the say 25 knots in the fog (with a lookout, of course) is too fast? You may feel that you are an expert on the CollRegs. You are not. Compared to you, its pretty easy. Actually, I've only asserted that the kayak should not be out there because it cannot comply with the rules. Am I wrong? No, you are not wrong. However, you are ignoring the fact that the commercial vessel will also be unable to comply with the CollRegs, unless it comes to a complete stop. Why are you so willing to overlook the obligations of the commercial vessel? The ship has an obligation to maintain a lookout by "sight and hearing" and to proceed at a safe speed, for the condotions. The kayak has an obligation to avoid impeding the ship. Just as the ship can expect that kayaks will observe the rules. ---- so the kayak can expect the ship to be travelling slowly (and sounding its fog horn). In these circumstances, the kayak can expect to traverse the TSS safely. Can the kayak comply, or will it survive merely by blind luck? I don't think I claimed its against the law, only that the rule implies he shouldn't do it. Can the ship comply with the rules about keeping a safe speed? I don't understand what possesses people to think a tiny boat is safe in the fog in a shipping lane; isn't this a perfect example of what Rule 2 is talking about? Nobody said that a tiny boat would be safe in the fog in a shipping lane. So even though you agree its "unsafe," I'm not allowed to say the kayak has no business out there. The ship has no business out there if it knows that it cannot comply with the Regs. The reality is that the ships cannot stop because fog has suddenly descended. The same also applies to kayaks. So your position is that unsafe acts are OK as long as there are no ramifications. And that no one has the right to say they shouldn't be there. Do you really think that it is safe for a ship to do 18 kts in fog, without a lookout? But I'm really confused about two points: Why are you so obsessed with claiming the kayak has a "right to be there" when the ColRegs so clearly imply it doesn't? Where do the COLREGS "imply" the kayak has no right to use the waterway? They can use them when they can fulfill the obligations of the ColRegs. Since its obvious that the kayak cannot fulfill its obligations, it shouldn't be there. Of course, it has the "right to use the waterway" as long it complies with the regulations. But does it still have that right if its obvious it can't or won't comply with the regulations? For all of your theoretical talk, you've ignored the essential practical issue: Do you really think a kayak can fulfill its obligation not to impede in thick fog? Let me turn the question around. Will the big ships be proceeding at a safe speed, in fog? I'll concede that in practice they "push the envelope." You seem to be ignoring the realities of life. The big ships will be going too fast, and they may not be sounding their fog horns, and the little boats may not be able to give an absolute guarantee that they will not impede a big ship. No, there's a difference. The big ships have a rather good record with hundreds of thousands of passages. snip The kayak, on the other hand has no means to see the traffic, be seen, or get out of the way. How many people have been killed as a result of being struck by a kayak? How many people have been killed as a result of being struck by a ship? Its not that the small boat is not able to "give an absolute guarantee," its that the small boat is effectively asserting it will make no effort to avoid impeding. And why does it bother you so much that I would point out this issue? It bothers me that people like you are spouting off on a sailing newsgroup that certain types of boats have no legal right to use the navigable waters of the US. It bothers me that people like you pontificate based on meaningless issues like "the kayak isn't breaking the law until it actually impedes the tanker." That may be linguistically true, but in practice its bull****, and you know it! Consider: if some naive reader interprets your claim as free license to frolic in shipping lanes in the fog, are you a murderer? I can sleep knowing that perhaps I've encouraged some kayaker to reconsider; could you live with yourself if someone died based on your advice? Don't try to play the "politically correct" card! It makes you look stupid. No, its the appropriate response to Rick's claim that it bothers him that I'm "spouting off." What if someone claimed that the kayak had right-of-way and that the large ships would clearly stop? Then would it be OK? I stand by my claim that the kayak has no business out there, and you've even agreed that its dangerous and stupid. I'd rather be slightly wrong in the law than have someone think its OK to be out there. Isn't it reasonable to advise readers that kayaks really don't have right-of-way over oil tankers? Who said they did? As much as it bothers you I have repeatedly stated in no uncertain terms that the kayak is permitted to use the waters in accordance with COLREGS and the applicable VTS rules. Why is that such a struggle for you? Because you're hiding behind the phrase "in accordance with the COLREGS." Are you now reduced to suggesting that being in accordance with the CollRegs is wrong? No, but its meaningless to claim everthing is OK as long as its "in accordance" with the ColRegs. Its a tautology, like saying "It'll be a nice day if it don't rain." Rick was saying that whenever I asked how the kayak would fulfill its obligations. You had a major fit when I said that as long as a lookout is maintained its OK to run primarily on Radar - that's strictly in accordance with the ColRegs. Why is my claim about the kayak any different from your claim about 25 knots? Its like saying "I can drink as much as I like because I don't get drunk." If the obvious result of your actions is that you WILL violate the rules, then you have no business starting out. Jeff, I advised you to claim that you were only trolling. You really should have taken my advice. I haven't been trolling. Like it or not, my interpretation of the ColRegs is reasonable - I've never asserted anything that isn't there, I've only claimed that there are implications beyond the precise words. I've outlined my logic so that everyone can make up their own mind. I've admitted, pretty much from the beginning that the kayak is not explicitly forbidden from the TSS, only that it shouldn't be there because it is unable to fulfill the responsibilities implied. If I'm wrong, its only in claiming that deliberating putting oneself into a situation where one is unable to avoid violating the rule is in itself "frowned on" by the rules. You, on the other hand, support your claim about 25 knots by repeatedly lying that I advocate no lookout, and making some odd claim that there are specific speed limits in the ColRegs. You obsessively repeated your lies, with vague threats. It that isn't stupid trolling, I don't know what would qualify. The rules apply to everybody. As long as they follow your interpretation? It is very odd that you would write that. You have consistently relied upon your personal *interpretation* of Rule 2. Rule 2 does NOT say that a kayak should not venture out in fog. I have consistently relied on the fact that a vessel must have a physical lookout, and travel at a speed that is appropriate for the conditions. Why do you think that some rules can be ignored, and that other rules can be taken to suit your own personal purposes? Regards Donal -- |
#4
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"Donal" wrote in message
... Actually, I've only asserted that the kayak should not be out there because it cannot comply with the rules. Am I wrong? No, you are not wrong. However, you are ignoring the fact that the commercial vessel will also be unable to comply with the CollRegs, unless it comes to a complete stop. Why are you so willing to overlook the obligations of the commercial vessel? There are many problems in the world that I overlook - its a little hard to fix them all at once - I'm only one man! But if you must: I brought up the kayak because I felt that it so clearly is unable to fulfill its obligations. The large ship is a different case. If they choose, the can be compliant. I admit that many stretch the limits, and a few blatantly disregard the rules. However, there is nothing about them that make them incapable of being compliant. (Supertankers may be an exception - but society deems them useful.) One aspect of nautical law is the court rulings effectively become part of the law. The are not merely precedents, they have stronger implications and masters are expected to abide by them. They have ruled that in near zero visibility, movement is still possible. They have also ruled that with radar, the maximum speed is somewhat higher. A safe speed is dependent on many variables, but even in thick fog 5 to 15 knots has been deemed acceptable. My point is that it is possible for a ship to make progress in thick fog and still be compliant with the current interpretations. I did not want to comment on Joe's case because I'm not familiar with it. I have mixed feelings about some of the New England ferries and tour boats, but for the most part, the traditional lines do a reasonable job of running at a safe speed. I think it remains to be seen if the new high speed cats have proper procedures. The ship has an obligation to maintain a lookout by "sight and hearing" and to proceed at a safe speed, for the condotions. Absolutely, positively. In spite of what you claimed I never disagreed with this. All vessels must maintain a proper lookout at all times. The need for a lookout is greater in the fog, an it should be a dedicated lookout with no other duties. In clear weather it may be acceptable to for the helm to also be the lookout (especially on a small boat) but in the fog that is not the case. If any vessel does not have a proper lookout, it is in clear violation. A safe speed must also be maintained, but as I said above, it a little harder to determine what that speed is. The kayak has an obligation to avoid impeding the ship. It also must keep a lookout. In the fog, that's virtually inpossible. This is one rule that the kayak actively violates and, I beleive, makes it illegal to be out in the fog. Just as the ship can expect that kayaks will observe the rules. ---- so the kayak can expect the ship to be travelling slowly (and sounding its fog horn). "Expect" may be too strong a word - they can certainly hope. In these circumstances, the kayak can expect to traverse the TSS safely. You're trying to define the safe behavior of the ship as one that would allow the kayak to traverse safely. Since the kayak is effectively invisible to radar, and lies so low that it could be hidden by a swell, it would be blind luck that would save it from be hit by a ship traveling a bare steerageway. You might claim this is proof that the ship was going too fast, but the courts have held otherwise. Rick is correct that we can't guess how the next ruling will go, but in the past they have held that this behavior from a small rowboat is reckless. If the ship did anything deemed contributory, they would be assessed part of the blame. Speed is, of course, one way to contribute, but more common is failure to have an appropriate lookout. In particular, if it was found that a better lookout would have prevented the accident, the ship would be given a significant portion of the blame. This concept holds in many situations. A friend who was on Starboard Tack was hit by a Port Tacker. Because they admitted that they did not see the port tacker until it was too late to take evasive action, they were accessed 24% of the blame. It was deemed that the failure to see the other boat was de facto evidence that the lookout was not proper. We figured that the port/starboard issue was assumed slightly more important and was worth 52%, both vessels obviously had a faulty lookout and divided the other 48% of the blame. But I digress. If the kayak is relying on the ship to do a crash stop to pass safely, then it is impeding its progress and therefore violating the rules. A larger vessel, perhaps a 40 foot sailboat with a good radar image, would be seen on radar from a distance - in this case the minor adjustment the ship makes would not constitute impeding. This is why I claimed at the beginning that a vessel has an obligation to be seen. Can the kayak comply, or will it survive merely by blind luck? I don't think I claimed its against the law, only that the rule implies he shouldn't do it. Can the ship comply with the rules about keeping a safe speed? The courts have said yes. I don't understand what possesses people to think a tiny boat is safe in the fog in a shipping lane; isn't this a perfect example of what Rule 2 is talking about? Nobody said that a tiny boat would be safe in the fog in a shipping lane. So even though you agree its "unsafe," I'm not allowed to say the kayak has no business out there. The ship has no business out there if it knows that it cannot comply with the Regs. The reality is that the ships cannot stop because fog has suddenly descended. The same also applies to kayaks. True enough. We once saw a bumper sticker that read "Fog Happens" but have been unable to find it for sale. The world isn't perfect; sometimes the weather conspires to make a mess of things and force us to do things we ordinarily wouldn't. But I claim the most of the time, the kayaker should be able to take this into account. In a small TSS or narrow channel, the window needed is short enough that the kayak wouldn't be caught in the middle, unless its very busy. A large channel, like the Dover Straights (5 miles across?) is inappropriate if there is a chance of fog. Frankly, this just brings be back to my original claim, the kayak simple doesn't belong there. If everything is perfect, it should survive. But there are too many things that can go wrong, and in just about every case, the kayak must rely on blind luck to survive. So your position is that unsafe acts are OK as long as there are no ramifications. And that no one has the right to say they shouldn't be there. Do you really think that it is safe for a ship to do 18 kts in fog, without a lookout? Absolutely not. I never said it, and I'm sticking to that story. Its not safe to leave the dock without a lookout. With a lookout, 18 knots may be safe, depending on the situation. You seem to be ignoring the realities of life. The big ships will be going too fast, and they may not be sounding their fog horns, and the little boats may not be able to give an absolute guarantee that they will not impede a big ship. No, there's a difference. The big ships have a rather good record with hundreds of thousands of passages. snip The kayak, on the other hand has no means to see the traffic, be seen, or get out of the way. How many people have been killed as a result of being struck by a kayak? How many people have been killed as a result of being struck by a ship? Irrelevant. However, kayaks have a very poor "fatality" record. And canoes aren't much better. But that's a topic for a different discussion. BTW, I have seen kayaks well offshore (in moderate visibility) and in Harbor channels (in the fog). In all cases I thought the behavior was reckless. The rules apply to everybody. As long as they follow your interpretation? It is very odd that you would write that. You have consistently relied upon your personal *interpretation* of Rule 2. Rule 2 does NOT say that a kayak should not venture out in fog. The standard of Rule 2(a) is the "ordinary practice of seamen." Everyone has agreed that the kayak in a TSS in the fog is not the "ordinary practice of seamen." Rick's issue (I think) was that like Rule 10, Rule 2 is not violated until there is an incident. Without "consequesnces" we can't apply rule 2. My position, of course, is that I'm still entitiled to say "he has not business being there," even if it is legal. I have consistently relied on the fact that a vessel must have a physical lookout, and travel at a speed that is appropriate for the conditions. Good for you. So have I. I recomend it to everyone. Why do you think that some rules can be ignored, and that other rules can be taken to suit your own personal purposes? Damn. You were being so reasonable until now. So which rule have I ignored? And don't be pulling the Jaxian trick of claiming that because I didn't condemn something, I approved of it. You're just ****ed because Joe refused to get sucked into an argument you though you could win, so you're trying to claim I endorsed his position. And what "personal purpose" have I had? That's just claiming that defending any opinion that differs from yours serving a personal purpose. That's rather childish, don't you think? Cheers. |