button

“You do not have the right of way”

by Douglas Gould on March 14, 2010

D

Dana Point, CA: Dana Point Harbor unveils new decal detailing guidelines for human powered craft in the harbor, earns praise from US Coast Guard Auxiliary. [story here]

I love the part about right of way. As if the Dana Point City can simply rewrite the Rules of the Road as ratified by international treaty. First off, I would argue that a paddle board is exactly like a canoe or small rowing dinghy and it’s conduct is covered under the COLREGS and Inland Rules. For the most part, the Rules speak about Power vs Sail vessels, and make only one small reference to a “vessel under oars”.  Rule #25, para d(ii) states:

A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

This indicates to me that a vessel under oars is, under the guise of the Rules, considered a sailing vessel, and should conduct herself accordingly when faced with a “right of way” situation. For all practical purposes, a paddle board will be less than 7 meters, so the “keep out of way of” portion of Rules 9 & 10 could apply.

For the record, I am in favor of telling paddle boarder to stay away from every other vessel. (I think that holds true for Jet-skis as well). But, assume that your luck runs out one day while cruising in Dana Pt, and you run over a paddle boarder and cut his legs off. Are you telling me that you can bring this decal into court and claim that it was all his fault because he did not have the right of way? Good luck with that one.

Share

Previous post:

Next post: