I agree, but I don't think I'd want to try and argue if the CG determines
it was on. How do I prove it wasn't being used to propel the boat?

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

"Shen44" wrote in message
...
Subject: night sailing - too close for comfort.
From: "katysails"
Date: 08/15/2004 20:39 Pacific Standard Time
Message-id:


(c) The term "sailing vessel" means any vessel under sail provided that
propelling machinery, if fitted, is not being used;

Seems to me that if it was turned on, you're using it.
--

For what? To charge your batteries, pump cooling water, burn fuel, cause
pollution? Or do you mean to propel your boat?
A running engine is just that, a running engine. Until it's connected to a
"reverse gear", propellor shaft, and propellor, which it's turning, it's
nothing more than a piece of machinery.
Now, having said that, have a collision ..... was your engine running? Was
it
immediately available for use? Could it's use have changed the outcome?
Should
you have made use of it?..... The courts will have to decide, and since
you had
a collision and had a running engine which may or may not have been
immediately
available, figure you'll share the blame.

Shen