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-   -   Boater cited for presence at a dangerous bar.... (https://www.boatbanter.com/general/38984-boater-cited-presence-dangerous-bar.html)

NOYB June 2nd 05 12:15 AM


wrote in message
oups.com...
In a 17-footer!


Was it a Boston Whaler? ;-)



Bill McKee June 2nd 05 12:38 AM


"Sal's Dad" wrote in message
...
Operating in an area that is occasionally closed for "security" reasons, I
am unclear as to how this information is disseminated. I don't have VHF
aboard (I don't believe this is a requirement, and I really don't want to
have to listen to all the chit-chat), and don't go near public docks or
launching points, even if information were posted there.

Once I became aware of a closing "issue" when a Navy helicopter, fully
armed, hovered above my little sailboat for an extended period, checking
us out... very unsettling...

I guess I'm unclear on how notification of closings takes place. If an
area is temporarily closed but a skipper is not notified, can/should
authorities cite him for negligence?

Not to say the skipper in this case was prudent...

--
Sal's Dad


At 5:25 a.m., the Coast Guard issued a restriction that prohibited
recreational boats and un-inspected passenger vessels from crossing the
bar because of hazardous conditions. The rough bar warning light was
turned on and repeated broadcasts on VHF radio channel 22A were made to
notify vessels in the area of the dangerous conditions.

snip

and the operator was cited with negligent operation for crossing a
restricted
bar and for having expired flares and expired fire extinguishers.




I would say you could and should be cited. Call the CG if you are foolish
enough to not have a VHF aboard if you are in a big enough area to have a CG
presence. What happens if you spring a leak? Just put the VHF on 16 and
there is not that much chit chat, but there are CG announcements and cries
for help.



*JimH* June 2nd 05 12:46 AM


wrote in message
oups.com...
How does one dispose of expired flares? Save for the 4 of July? Call
the
fire dept?


**************

Don't do the 4th of July routine. The only reason you might not get
busted is that the cops are too busy dealing with everybody else.

Flares that are designed to be shot off when surrounded by wide
expanses of open water are not automatically safe when discharged into
the air while surrounded by hundreds of boats anchored or rafted beam
to beam for a fireworks display.

It isn't uncommon to see an illegally discharged, still burning,
parachute flare fall onto another boat's deck or rigging at FOJ
celebrations. I once saw a boater give a buring hand-held flare to a
little kid I'd be reluctant to trust with a sparkler.

The last time I bought flares, I took the expired cartridges down to
the fire station. At first, they gave me a hassle. "You need to call so
and so at such and such a phone number and make an appointment (on the
fourth Thursday of the next month with an R in the name) to drive 50
miles out of town and turn these in......."

When I commented, "Wow. That seems like a major inconvenience. I'm
surprised more people don't just screw all of that nonsense and throw
them into the nearest dumpster..........." they suddenly became very
accommodating and eagerly accepted my flares. :-)


Why not just keep the expired ones alongside the new ones you purchase and
are up to date? That is what I did.

Is it illegal to have expired had held and gun fired flares on board when,
at the same time, you have a full compliment of "fresh" ones meeting USCG
regs?



[email protected] June 2nd 05 12:52 AM

plus the bar had a warning light (whatever that may be)


[email protected] June 2nd 05 12:56 AM


Why not just keep the expired ones alongside the new ones you purchase and
are up to date? That is what I did.


Yep thats what I am doing .. to a point of course as there is the time
when the expired flares will take up all the space in your boat ;)

Is it illegal to have expired had held and gun fired flares on board when,
at the same time, you have a full compliment of "fresh" ones meeting USCG
regs?


Its legal. Carry whatever you like in addition to the required non
expired flares.

I rather carry 6 expired SOLAS flare than 3 non expired regular
(=useless) flares

matt


NOYB June 2nd 05 01:05 AM


"*JimH*" wrote in message
...

wrote in message
oups.com...
How does one dispose of expired flares? Save for the 4 of July? Call
the
fire dept?


**************

Don't do the 4th of July routine. The only reason you might not get
busted is that the cops are too busy dealing with everybody else.

Flares that are designed to be shot off when surrounded by wide
expanses of open water are not automatically safe when discharged into
the air while surrounded by hundreds of boats anchored or rafted beam
to beam for a fireworks display.

It isn't uncommon to see an illegally discharged, still burning,
parachute flare fall onto another boat's deck or rigging at FOJ
celebrations. I once saw a boater give a buring hand-held flare to a
little kid I'd be reluctant to trust with a sparkler.

The last time I bought flares, I took the expired cartridges down to
the fire station. At first, they gave me a hassle. "You need to call so
and so at such and such a phone number and make an appointment (on the
fourth Thursday of the next month with an R in the name) to drive 50
miles out of town and turn these in......."

When I commented, "Wow. That seems like a major inconvenience. I'm
surprised more people don't just screw all of that nonsense and throw
them into the nearest dumpster..........." they suddenly became very
accommodating and eagerly accepted my flares. :-)


Why not just keep the expired ones alongside the new ones you purchase and
are up to date? That is what I did.

Is it illegal to have expired had held and gun fired flares on board when,
at the same time, you have a full compliment of "fresh" ones meeting USCG
regs?


I asked the Coast Guard Auxiliary this question. They said to put them in a
bag marked "practice flares", and keep them on board.



Shortwave Sportfishing June 2nd 05 01:11 AM

On Wed, 1 Jun 2005 20:05:48 -0400, "NOYB" wrote:

~~ snippage ~~

Is it illegal to have expired had held and gun fired flares on board when,
at the same time, you have a full compliment of "fresh" ones meeting USCG
regs?


I asked the Coast Guard Auxiliary this question. They said to put them in a
bag marked "practice flares", and keep them on board.


Isn't that interesting. How do they expect you to practice with them?

Later,

Tom

[email protected] June 2nd 05 02:56 AM

One interesint fact from a Pains Wessex Rep is that the same flare will
have different expire dates in different countries. If I remember
correctly its longer in Canada... its based on local laws .... So
really it may be perfectly fine if expired in one country.

Still i recommend to have enough unexpired flares on hand

Matt


Shortwave Sportfishing June 2nd 05 03:21 AM

On Thu, 02 Jun 2005 01:22:41 GMT, Red Cloud®
wrote:

Is it illegal to have expired had held and gun fired flares on board when,
at the same time, you have a full compliment of "fresh" ones meeting USCG
regs?


It's not illegal by the book, but some boarding officers will use their
discretion to cite you for it anyway. They can!


I was waiting for somebody to mention this.

Two years ago I was cited for having expired flares aboard my
Contender even though they were in a separate container kept in a
separate storage container and labeled as "expired signal
flares/smoke".

I complained to the MSO in New London and their argument was that it
was a violation to have expired safety signaling equipment aboard - it
didn't matter that I had a complete set of up-to-date flares/signals
aboard.

My argument was that the up-to-date signaling flares were accessible
and labeled properly and that the emergency out-of-date flares were
there for extreme emergencies and placed in an area of the boat where
you would have to look for them to find them.

Didn't matter - the rule is the rule.

So now I carry extra up-to-date flares and give the old ones to the
local Volleys for SAR training.

Later,

Tom



mgg June 2nd 05 04:03 AM

You practice firing one in the air, then the CG practices coming to your
rescue, then they practice writing a citation with a big fine for your
initial practice of firing the practice flare. That is if they don't
practice arresting you...

--Mike

"Shortwave Sportfishing" wrote in message
...
On Wed, 1 Jun 2005 20:05:48 -0400, "NOYB" wrote:

~~ snippage ~~

Is it illegal to have expired had held and gun fired flares on board
when,
at the same time, you have a full compliment of "fresh" ones meeting
USCG
regs?


I asked the Coast Guard Auxiliary this question. They said to put them in
a
bag marked "practice flares", and keep them on board.


Isn't that interesting. How do they expect you to practice with them?

Later,

Tom





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