Lew Hodgett wrote:
"Wayne.B" wrote

That would certainly be the common sense interpretation unless it has
been modified by some court precedent.

Don't bet the farm on it.

As was explained by an admiralty lawyer to me, if the engine can drive the
prop to propel the boat, you are assumed to be under power if it is running.

Clutch position is not relevant.

In other words, any time I see a sailboat and I suspect an engine is
running, I can treat it as a powerboat? That's convenient!

Clearly such a simplistic view does not really cover the situation.

The point that the lawyer was probably trying to make is that if there
were an accident, a sailboat would have a very weak defense if it turned
out it could have avoided the accident simply by putting the engine in
gear. In fact, there are situations where a sailboat is obligated to
start an engine.

The rules work because vessels behave in a manner consistent with how
they appear. This is why special lights and shapes are generally used
when there is a possibility of mis-interpretation. Thus, a sailboat
should be treated as a sailboat unless it a clearly being propelled by
machinery. Similarly, the sailboat is entitled to act like a sailboat
since it knows it is sailing, and that is the way it looks. It is only
if a situation arises where the engine could "save the day" would it be
required.

By your lawyer's logic, any sailboat with an electric motor is by
definition a powerboat, because it only the flip of a switch away from
being powered. And therefore, it would be reasonable to assume that all
sailboats are so powered.