"Jeff" wrote in message
...
Wayne.B wrote:
On Mon, 19 Oct 2009 20:40:16 -0700, "Capt. JG"
wrote:

"Wayne.B" wrote in message
...
On Mon, 19 Oct 2009 15:29:14 -0700, "Capt. JG"
wrote:

If I turn on my engine, even if it's in neutral, I consider
myself a powerboat.
That is the way the rules are being taught and interpreted these
days.


Taught by whom? Not out here, as far as I know.
Training schools approved and monitored by USCG.


That's too bad. It's not been my experience out here, but I suppose it
happens.

Actually it might be a good thing in terms of educating the chowder
heads who go around motoring with their mainsail up, and trying to
press for right of way.

My understanding is that the approved schools really aren't monitored,
certainly not closely. They typically get the curriculum approved, and
that's about it beside submitting the completed tests. You're talking
about regular sailing schools or license classes (e.g., OUPV, 100GT)?

License classes. Several different instructors have told me that
admiralty courts have ruled that if propulsion is on and available,
then the boat can not be considered under sail for purposes of
collision avoidance.

There's a (slightly) subtle point here. If you had power available and
did not use it to avoid a collision, that's your bad. On the other hand,
you can't look at a sailboat and say "He looks like a chowderhead, I'll
bet he has his motor running" and treat him as a powerboat.

That would be my take on it.

I can't comment on what an admiralty court would or wouldn't do. During
regular sailing classes (not licensing classes for which I'm not qualified
to teach), I tell them the law (engine engaged) and the practical side (act
like it is - these boats don't need to charge batteries while underway) and
to use all available means to avoid a collision.

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