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"Dr. Dr. Smithers" Ask Me about my Phd @ Diploma Mill .com wrote in
JimC, If there is a collision and both boats could have avoided the collision, both boats can be held partially reasonable. If the sailboat in a passing situation turns in front of another boat and it is not reasonable for the other boater to avoid the collision, the powerboater will not be held responsible. Do you realize that your two statements are a direct contradiction of each other? Jim Carter wrote: Dr. Smithers, the first part of your statement is absolutely correct. The second part of your statement is incorrect in as much as there is no such thing as it being "not reasonable" for the powerboater to avoid the collision in the way Bill has described the situation. In this case it would have been the fault of Bill's judgement. He was too close and too fast in the situation. He MUST stay clear in the overtaking situation. But to most motorboaters, it is unreasonable to slow down and give other boats a wide berth. They have a RIGHT to go blasting right past any sailboat, close aboard, and by golly that durn sailboat better just stay outta their way! We can only hope that a maritime court would, in the event of tragedy, see things in a slightly more adult viewpoint. And it's probably not going to do any good to review the ColRegs, even with a motorboater who knows what they are, because obviously 1- he can't read them clearly and 2- has no concept that they are applied in order and 3- clings to the idea that he has no personal responsibility or accountability. DSK |
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