One would hope that if a wake was a significant factor, the operator
(company) would be held liable, in both criminal and civil actions. A high
profile, multi-million dollar lawsuit, or jail time, would do wonderful
things for safe and courteous operation in the future.

But I'm afraid this will be chalked up as an "accident". I have never heard
of an operator actually paying for damage caused by a wake.

Is anybody familiar with an operator being held financially or criminally
responsible for his (her) wake? I would love to see a reference or link.

Sal's Dad


How could this happen on a calm lake? No waves or wind action at all.
Does
anyone have the details?

Initial reports say it was hit by the wake of a larger tour boat. If
this turns out to be true, look for the operator of that larger boat to
pay dearly.

On Mon, 03 Oct 2005 20:06:21 -0400, Sal's Dad
thought it necessary to say:

One would hope that if a wake was a significant factor, the operator
(company) would be held liable, in both criminal and civil actions. A
high
profile, multi-million dollar lawsuit, or jail time, would do wonderful
things for safe and courteous operation in the future.


Here's the latest report I heard:

From the website's description of the report:

All Things Considered, October 3, 2005 · Transportation safety officials
have begun searching for clues in the sinking of a tour boat in upstate
New York's Lake George. The Ethan Allen apparently listed suddenly --
possibly caused by the wake of a larger boat -- before it capsized Sunday,
killing 20. Brian Mann from North Country Public Radio reports.

There is a link to the audio at this address:

http://www.npr.org/templates/story/s...toryId=4934507

From the New York State Boater's Guide:

[BEGIN QUOTED PORTION]

When no speed limit is posted, vessels must always be
operated in such a fashion so as not to endanger others. A
vessel must be able to stop safely within the clear space
ahead. A vessel operator is always responsible for any damage
caused by the vessel’s wake.

[END QUOTED PORTION]

(Link: http://nysparks.state.ny.us/boating/...ters_guide.pdf)

The report I heard on All Things Considered indicates that no boat was
close to the Ethan Allen, but any of us who have been out there know that
wakes can travel a long way, a long time after the boat has passed.





In other news,

I haven't been posting here much, but I'm still around. My father passed
away in May and I haven't had the boat out all year.

And Opera Rocks:

I can created nested rules, such as

If newsgroup header contains rec.boats
And body of message contains Harry Krause

kill file the sucker.

Just for an example.

--
http://frankwbell.no-ip.info/weblog
Updates daily. Worthwhile updates occasionally.
tivoli1 is a spamtrap. Email at frankwbell at comcast dot net.
Opera Rocks! http://www.opera.com/mail/

"Curtis CCR" wrote in message
ups.com...

Jim Carter wrote:
"Eisboch" wrote in message
...
Most were elderly. Cause is suspected to be the wake from a larger,
passing
boat.
But 48 or 49 people on a 40 ft boat?
http://news.yahoo.com/s/ap/20051003/...oat_overturned
Eisboch

How could this happen on a calm lake? No waves or wind action at all.
Does
anyone have the details?

Initial reports say it was hit by the wake of a larger tour boat. If
this turns out to be true, look for the operator of that larger boat to
pay dearly.


They may get off somewhat, by stating, a 40' tour boat with 50 people aboard
should handle normal wakes found on the lake. And the fact that there is
a normally operating ferry with a large wake, should require the tour boat
to take care for such.

Bill McKee wrote:




They may get off somewhat, by stating, a 40' tour boat with 50 people aboard
should handle normal wakes found on the lake. And the fact that there is
a normally operating ferry with a large wake, should require the tour boat
to take care for such.



AND, the other large boats on the lake belong to the same operator...

Rob

"trainfan1" wrote in message
...
Bill McKee wrote:




They may get off somewhat, by stating, a 40' tour boat with 50 people
aboard should handle normal wakes found on the lake. And the fact that
there is a normally operating ferry with a large wake, should require the
tour boat to take care for such.

AND, the other large boats on the lake belong to the same operator...

Rob

Says tour operator and his insurance company and maybe his assets are going
to do all the paying.

It's interesting to note that the occupancy limit was based on a weight of
140 pounds per person. I read a news article
http://apnews.myway.com/article/20051005/D8D200P88.html indicating that
because Americans are getting fatter that the boat may have been running
overweight and that the weight of 160 lbs/person should be the new spec.

If these retired folks are anything like the ones I see at Wal-Mart
bulging over the seats of little electric carts, perhaps 160 lbs. would be
a bit on the light side.

b.