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Lake County Shrieff Hit boat Kills Boater Skipper on Boat hit is charged with manslaughter.
Latitude 38 Publishing Co., Inc. ^ | May 21, 2008 | Latitude 38

Posted on 06/28/2008 10:20:32 PM PDT by troy McClure

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To: OneLoyalAmerican
Rule 9 doesn't seem to apply-even if it were a narrow channel. It's the largest freshwater Lake in Ca. and part of Clearlake State Park. Great camping, fishing, hunting, boating. Fly in Lampson Field (1O2).

Rule 13: (a) Notwithstanding anything contained in the Rules [of Part B, Sections I and II / 4 through 18], any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with a another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.



41 posted on 06/29/2008 12:54:33 AM PDT by papasmurf
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To: troy McClure

save


42 posted on 06/29/2008 1:07:21 AM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck)
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To: Ezekiel

“Here’s an example of an article written in Babelfish.”

LOL - exactly!


43 posted on 06/29/2008 1:08:29 AM PDT by jocon307 (The Silent Majority - now completely confused)
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To: SeaHawkFan
We coulda used you here; http://www.freerepublic.com/focus/f-news/2037784/posts
44 posted on 06/29/2008 1:13:52 AM PDT by NucSubs (Cognitive dissonance: Conflict or anxiety resulting from inconsistency between beliefs and actions)
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To: papasmurf

Greeting papasmurf:

Thanks for clarifying the location.

In addition to your overtaking citation, add this: inadequate lookout, failure to maintain safe speed, did not use all available means to avoid collision, irresponsible vessel navigation, and did not exercise due regard for restricted visibility maneuvering situations.

Rule 5 Look-out
Every vessel shall at all times maintain a proper look-out by sight as well as by hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Rule 6 Safe Speed
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
In determining a safe speed the following factors shall be among those taken into account:
(a)By all vessels:
(i)The state of visibility;
(ii) The traffic density including concentrations of fishing vessels or any other vessels;
(iii) The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) At night the presence of background light such as from shore lights or from back scatter from her own lights;
(v) The state of wind, sea and current, and the proximity of navigational hazards;
(vi) The draft in relation to the available depth of water.

Rule 7 Risk of Collision
(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

Rule 8 Action to Avoid Collision
(a)Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
(e) If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.

Rule 18 Responsibilities Between Vessels
Except where rule 9, 10, and 13 otherwise require:
(a)A power driven vessel underway shall keep out of the way of:
(iv)a sailing vessel;

Rule 19 Conduct of Vessels in Restricted Visibility
(a) This rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.
(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and condition of restricted visibility. A power-driven vessel shall have her engines ready for immediate maneuver.
(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the Rules of Section I of this Part.

Cheers,
OLA


45 posted on 06/29/2008 2:12:28 AM PDT by OneLoyalAmerican (Truth was the first casualty in the MSM's war on President Bush.)
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To: papasmurf

And I forgot to add, when the overtaking vessel is traveling at 40 mph under perfect conditions: no more than three minutes reaction time.

60D/S=T
60x2 miles stern light/40 mph=3 minutes

Cheers,
OLA


46 posted on 06/29/2008 2:33:06 AM PDT by OneLoyalAmerican (Truth was the first casualty in the MSM's war on President Bush.)
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To: Dad yer funny

<”...we’d “run dark” off South Carolina , Georgia and northern FLA because of piracy...”>

Wow!! Where’d the pirates come from - Georgia?


47 posted on 06/29/2008 2:34:56 AM PDT by SatinDoll (Desperately desiring a conservative government.)
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To: sofaman
Here sofaman, I have translated the story for you. I hope get the idea now! :-)


48 posted on 06/29/2008 2:51:17 AM PDT by Lockbar (March toward the sound of the guns.)
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To: NoLibZone

Not if you are a big wig on in the sheriffs office.
Under normal conditions a sail boat has the right of way. Unless of course it gets in the way of say a super tanker which takes a mile or 5 to stop and a half mile to turn.
Then maybe the sailboat has the right of way but it also will sink.


49 posted on 06/29/2008 3:01:28 AM PDT by Joe Boucher (An enemy of Islam)
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To: Grunthor

Reminds me of the old Cajun saying “I threw a cow over the fence, some hay.”


50 posted on 06/29/2008 3:07:11 AM PDT by richardtavor (Pray for the peace of Jerusalem in the name of the G-d of Jacob)
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To: troy McClure

Lake County never heard of the Inland Rules of the Road?


51 posted on 06/29/2008 3:25:59 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: R. Scott

Rules of the Road.

Straight form Chapmans Piloting- Seamanship and Small Boat Handling


52 posted on 06/29/2008 3:30:21 AM PDT by NoLibZone (When Shall We Have The Courage Our Founders Had? It's Time For The 2nd American Revolution.)
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To: troy McClure

1] The applicable rules are the Inland Rules.
2] The powerboat was traveling too fast, obviously, to maneuver away from a collision within it’s stopping distance.
3] The seating position on the sailboat is irrelevant to determining whom was at the helm. The cockpit is a rectangle, with the tiller in the middle. The lady that was killed was sitting on the starboard side, the guy charged was on the port side, the tiller was equidistant between the two. Had there been enough wind to be moving the sailboat, the person sitting on the side from which the wind had been coming would have likely had the tiller, but that can’t be established if the sailboat was drifting.

The Rules seem complicated, but they are really very simple: if you hit something, by definition you failed to maneuver to avoid collision and broke the most basic Rule of all. This is true regardless of whether the sailboat was lit or any other issue. The other vessel may also have contributed, (e.g., if it had been unlit), but that would only mean additional charges and would not absolve the operator of the powerboat.


53 posted on 06/29/2008 3:32:48 AM PDT by CJRun
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To: NoLibZone

I still have my Chapman’s - a great book for the recreational boater.


54 posted on 06/29/2008 3:35:20 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: SeaHawkFan

Could be worse ,, it could have been the Orange County Sheriff that was involved...


55 posted on 06/29/2008 3:55:55 AM PDT by Neidermeyer
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To: sofaman
Reads like it was written by a five year old. And the headline makes absolutely no sense.

You beat me to it.......

...and we have to see it over and over and over on the thread list.

56 posted on 06/29/2008 4:19:55 AM PDT by Hot Tabasco
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To: troy McClure

Damn!


57 posted on 06/29/2008 4:36:35 AM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: FrPR

The sheriff’s boat was going 40 MPH in the dark of night! Period... End of Paragraph!


58 posted on 06/29/2008 4:49:18 AM PDT by ReleaseTheHounds ("The demagogue is one who preaches doctrines he knows to be untrue to men he knows to be idiots.")
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To: troy McClure

To prevent duplication, please do not alter the title. Thanks.


59 posted on 06/29/2008 5:10:12 AM PDT by Admin Moderator
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To: troy McClure
Under maritime law the most important issue here is whether Beats Workin' II had her running lights on. If she did, it should be a slam dunk for the defense, since sail boats have the right of way over power boats. As a power boater (Sea Ray 240) and a sail boater, I just can't see any legitimate reason for a power boater to run his vessel at nearly full throttle on a pitch black night; there are just too many things you cn hit that can seriously damage or destroy your boat..
60 posted on 06/29/2008 5:19:10 AM PDT by libstripper
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