Capt. JG wrote:
"Bill McKee" wrote in message
...


And your motor is not propelling machinery? I guess a power boat like
mine is not a power boat when the motor is turned off or not in gear. So
you hit a drift fishing "Power boat" who has his motor off or in not in
gear, who is at fault.

Are you really that stupid or are you just trolling?

"vessel propelled by machinery"

When your vessel's engine is off and/or you're not using it to move the
vessel and you're not at anchor or at the dock, you're considered to be a
vessel not under command.

Bill's boat should be considered "not under command" at all times.

However, I'm not sure turning off the engine of a powerboat, or
putting it in neutral, makes it a NUC. The rules are specific that
showing the appropriate signal is required, though you could claim
that an open engine hatch is a reasonable substitute for small boats.

However, the important aspect is that vessels don't acquire special
status "in secret;" their status must be apparent to all at a
distance. This is why, for instance, the categories of vessels are
not significant in restricted visibility.

The status of a vessel in neutral may have to be unraveled in an
Admiralty Court, but captains will be judged by how they reacted to
the information they had at hand. If it was determined that a
"sailboat" was actually a powerboat, Bill will not be absolved of his
responsibility to keep clear, though his liability might be reduced
somewhat.

Similarly, boaters should be aware of how they appear to others.
There is no way to tell if someone drift fishing has their engine
running, or is in gear, or is using a trolling motor, so they should
know that other boats will expect them to act as they appear, as
powerboats.