Boater safety question

[Rizzo]

My cottage neighbour is very upset about something that happened this summer, just wondered if someone could give me some insight as to who is at fault. Here's the scenario: 2 guys (my renters) were fishing with the motor shut off, drifting slowly with the wind. My neighbour was out pulling a relative behind his boat on a wakeboard. Our lake is a few kms long, but in some areas only 150-200 feet across. It is long and straight, so you can see almost the entire length of the lake. The guys who were fishing drifted into one of the narrower areas of the lake, and were apparently right in the middle of it (so maybe 50 - 75 feet on either side to pass). The boat with the wakeboard came right towards them, swerved at the last second and a person in that boat fell and got hurt. We are a small inland lake, there is no marked channel. According to my neighbour they should not have been fishing there, and it was their responsibility to start their motor and get out of the way when they saw him coming. I was always under the impression that the boat without power had the right away. Does the width of the area involved, or the fact they were fishing and not simply stalled have any bearing on who is at fault?

[irishfield]

The guy under power is at fault without a doubt... especially if they were on his right!

[Whopper]

Rizzo the boat under power has to give way to the boat that is not

[Rizzo]

He complained to me saying they were "right in the channel"...even though we have no channel, just some spots that are narrower than others.

[tb4me]

Lol thats almost funny. The boat under power has to yeild right of way. The fishermen were in the right.

[Rizzo]

Thanks guys, I always felt this to be the case, but because the guy was so angry I just let him vent rather than argue! Unfortunately a person in the powered boat got a bit hurt (stitches), that boat also received damage, and the neighbour ended up being so angry with the fisherman he made their life miserable and they ended up leaving their vacation early to avoid dealing with him. Kind of a lose lose lose (the last lose is me...I refunded party of the rent because I felt badly that they had a negative experience).

[Terry]

at least you didn't try fishing around his dock

 

 

lol

 

never mind

[DRIFTER_016]

Yep, the boat under power is the one that has to yield.

 

We used to use that law to our advantage when fishing off the mouth of the Credit in late August and early September when the dang sailboaters would set up their race course right off the mouth of the river just to screw with the fishermen.

We would troll through their race course and when we hit a fish would shut off the motors and drift while we fought it.

We we in my buddies 36' Hatteras. It was a pretty big marker for the twit sailboaters to go around.

[irishfield]

We had an ass like that on Temagami last year.. figured he was on the right and to prove the point that he had right of way over an airplane taxing on the water he drove over the right hand float of the airplane. That cost him the left side of his boat from the propellor strike...and the repair costs to a float, propellor, engine rebuild and some serious firewall forward repairs on a Cessna 185!

 

Thank God said ass didn't have a passenger with them... or they would be headless!

Edited October 20, 2010 by irishfield

[Rizzo]

yipes, that's crazy Wayne, the length people will go to make a point! I don't think this guy was trying to make a point though. The renters tell me he was looking back at the kid on the wakeboard, not watching where he was going. Story checks out if you ask me. If you were watching, you'd see those fisherman from a km away. you could just stay at that end of the lake until they drift out of the "channel", or slow down a bit as you pass them...not swerve at the last second and hit something along the shoreline

[Whopper]

Since we are on this subject I have a question

 

So the lake is 150 foot wide and lets assume there are boats docked/moored on each side, shouldn't it be a no wake zone?

[irishfield]

My argument when I met the OPP's 22' stanley in Suicide Narrows on Temagami head on last year. He was doing 40MPH.. I was idling in a 30 foot wide channel (15' between the markers) They ended up hanging a quick left and nosed up on the shoal (while in full reverse)... I calmly stated "isn't this a no wake zone" and they reluctantly stated.. "I guess it is".

 

BTW.. in a normal navigable channel or narrow body of water.. apparently the no wake thing doesn't apply. The OPP sure don't follow it on our lake and are the worst offenders with a 5' wake that rolls over my floater docks. Nor is there an enforsable(sp) speed limit on the water according to the courts.

Edited October 20, 2010 by irishfield

[kickingfrog]

yipes, that's crazy Wayne, the length people will go to make a point! I don't think this guy was trying to make a point though. The renters tell me he was looking back at the kid on the wakeboard, not watching where he was going. Story checks out if you ask me. If you were watching, you'd see those fisherman from a km away. you could just stay at that end of the lake until they drift out of the "channel", or slow down a bit as you pass them...not swerve at the last second and hit something along the shoreline

 

So your neighbour didn't have a spotter whilst dragging a boarder?

[Rizzo]

he had a spotter, but according to the fisherman he was also looking back at the boarder. It was actually the spotter that fell in the boat and got hurt when the boat swerved/hit something along shoreline. There aren't any posted no wake zones on our lake. When a lake gets to a certain width is it automatically a no wake zone or does something have to be posted to be considered a no wake zone.?

[Rattletrap2]

Rizzo,

Without a doubt, your neighbour is in the wrong on several counts and needs to be made aware of this! I understand you not wanting to get into an argument with him, but he will never learn f you don't confront him with this.

 

He should have had a spotter to watch his wake boarder and he definitely had to give way to the drifting boat. Let him know it cost you money this time around with your renter, but you are not prepared to put up with this next time.

 

Some people are just asses!

[irishfield]

Becomes a real gray area.. as the legislation for doing x KPH within so many meters of shore excludes picking up or dropping off a water skier/wake boarder/tuber.

[Joey]

Dear Common Sense,

 

Where oh where have you gone, we miss you.

 

Come back soon please

 

Joey

 

 

I can't believe what a your neighbour is being about this Rog. Write him a letter to avoid confrontation would be my suggestion.

[Sinker]

I'm glad you kept your cool with your neighbour. I would of had an earful for him. Does he even have his boaters license?

 

S.

[Sharkbait22]

I think that within 100 ft (30m) of shore you must do less than 10km. This means that on many rivers you are not on plane. Also the boat under power must yield. In addition, operators must give way to fishing vessels (under reduced navigation ability), but I think this really applies to commercial fisherman with trawls etc.

 

Check out http://www.safeboater.com/studyguide4-7.asp

[spinnerbaitking]

I believe if the wake from your boat does damage or hurts some one you could be charged & if he waited to the last minute because he was pissed off or not watching forward total his fault, couldn't that be harassment & charges could be laid for interfering with your rights to fish

Just a thought Richard

[cranks bait]

Yup the fishing boats drifting had the right of way. Vessel with power must give way.

 

I never realized that you could not fish in a "channel" but it's ok to wake board there??????

 

As for the sailboats, they do the same thing here blocking me and pushing me to the wall as close as possible and then some. I get a kick out of them when they want to prove their point of right of way and take on a steam freighter. A few have been run down because they don't understand that those things aren't going to move at a moments notice.

[Pikeslayer]

Rizzo

Tell your dumb ass neighbor to get his operators card. If he claims to have one, tell him to read the regulations. Your idiot neighbor is so wrong in so many ways as others here have pointed out.

[SRT8 smoker craft]

Hey Rizzo print this thread off and leave it in his mail box he is totally wrong and the fisherman could have had him charged if they called the police .

[John Bacon]

I think that within 100 ft (30m) of shore you must do less than 10km.

 

I am pretty sure that I read that the 6 mph within 100' feet of shore does not apply when a lake or river is less than 200' wide. That doesn't change the fact that its his responsibility to keep a proper lookout (Does he know why spotters are required when pulling a skier?) and to avoid a boat that is not under power.

 

A boater is also responsable for any damage his wake causes.

[xkempx]

Fishing boat, no motor = to this rule i think.

 

Meeting: Powerboat and Sailboat" fisher man" : When a sailboat "fisher man" under sail alone, meets a powerboat, the sailboat "fisher man" is the Stand-On Vessel and the powerboat is the Give-Way Vessel.

 

The powerboat must take early and substantial action to keep clear of the sailboat "fisher man"