Ferry runs over kayakers

Manhattan…
it is a very tough place to be an outfitter. There is no launch point that is not overcrowded with commercial traffic, as well as sea walls and wakes, unless you set up outside of Manhattan.



Personally it would not my cup of tea to take even moderately experienced folks out on my own responsibility, and dodging ferries and barges is not my idea of a pleasant paddling experience. Let alone water quality issues and Homeland Security zones.



But if you are living in Manhattan, you are no less likely to want to paddle than living anywhere else. Regardless of the difficulty of the environment.

Responsibility
I guess if you’re operating a large water craft and your visibility is impaired, you just go for it and hope for the best. I would be more inclined to not move the boat until you are sure there is nothing in the way.



If I were the injured kayaker, I’d be looking for a real good ambulance chaser and sue the crap out of the water taxi outfit and the operator.

Manhattan
I took one class with the outfitter in question - it was held in the Hudson at W 23rd St. The on-land instruction on stroke mechanics was excellent - it gave me the basics of a good forward stroke.



We then did on-water work around Chelsea Piers. It was dicey - there is a NY Water Taxi stop there, and several came and went while we were paddling very close to shore. I did not like the on-water experience.



For a couple years I was a member of the Yonkers Paddling & Rowing Club which is also near a water taxi stop. I got tired of the continuous commercial traffic and really don’t paddle the Hudson in the city.



On another note, I work with a number of mariners who are professionals in the harbor. One harbor pilot told me the general opinion is that kayakers should be barred from the harbor - they’re all worried about running down paddlers as happened yesterday. He compared it to letting bicycles on the Cross Bronx Expressway among the big rigs. He said they just can’t see the small craft.

some added thoughts
Not looking to protect one side or the other, but just throwing out some thoughts related to this.



One area I definitely find faulty with the kayak company is the ratio of clients to guides. The story said 1 guide for the 9 boats. Presumably guide was 1 of that boat count. So that would be a 1 guide to 8 client boat count. That is high. The places I work limit it to 1 to 5 max. That said, I am not sure a second guide would have affected this.



Knowing rules of the road is important, but I am also not sure that there are signs of the kayakers not knowing/following the rules of the road. It sounds like the ferry was berthed when the kayakers started to pass, and then the ferry suddenly started to move. You treat berthed vessels and moving vessels differently. I checked the ferry schedule and it looks like this terminal has just over 1 boat per hour during rush hour, so is not a heavily used terminal. I think the circle line goes from there also, so that adds boats during the day, but likely not in the evening when this happened. So expectation of a ferry taking off at any time is small. And if this happened at “about 6” as reported, there isn’t a ferry scheduled for that time. There is one at 5:35, so perhaps it happened earlier? Or maybe that ferry was running late and rushing?



Of course, what should happen around a ferry terminal where lots of boats come in and go out often would be for kayakers to swing wide, but they may have had limited ability to do so due to currents, other vessels, etc. In SF, the ferries keep their engines running and props engaged when they are docked, so there is a prop wash behind the ferry that you want to avoid, so that is another reason to swing wide.



Perhaps that second guide could have added eyes on the ferry. When I pass ferry terminals, I look at whether the ferry is still boarding, whether boarding ramp is still attached, are there people adjusting lines (sign of either just tying up, or untying in preparation to launch), etc.



Just some thoughts. Not clear cut from my POV with what little info we have that it was one side or the other’s fault.

As someone in the maritime industry …
as well as being a former sponsored paddler and designer I’d offer the following comments:


  1. As others have stated; There is NO provision in the International or Inland Rules that gives kayakers any special rights. They are simply another vessel, and as such must give way to any number of “constrained” vessels. Some state laws may be different on local lakes and waterways so one has to know the Rules on the body of water they are navigating.
  2. So not only do we as paddlers need to be wary of the different types of constrained vessels, we also need to understand that we may be the give way vessel to ANY other vessel depending on the situation / relative positioning.
  3. Radar has a shadow where objects close to the bow of a vessel may not be seen. Depending on the height of the radar, settings, vessel design etc.
  4. As a commercial operator I can say that there are at times many distractions. I work for a company that has a superb safety record world wide, but maritime accidents are not uncommon. I have seem Captains and Mates engrossed in Facebook on their phones while at the helm! (not where I work = termination).

    But it happens and my advice to kayakers is to be defensive and make NO assumptions.



    Consider this: You’re paddling along in limited visibility and see a tug and tow headed in your general direction. You assume they see you. Imagine a relatively inexperienced 2nd Mate alone in that wheelhouse immersed in his or her phone because it’s the first Internet signal they’ve had in days! Eyes are on Facebook not the radar or ECDIS, and NOT out the glass. It happens.



    Having said that I’ll say the majority of professional mariners I know and work with are diligent, caring, very safe individuals who are highly trained. I am typing this “off watch” from a 7000HP tug in Alaska.



    Be especially careful folks at night or in fog!! Places like the Inside Passage or San Juan / Gulf Islands, Puget Sound etc. are heavy traffic areas.



    Be familiar with Rule 10 Traffic Separation Schemes and carry a VHF Radio and never be afraid to call Traffic prior to making crossings in traffic areas.



    Be safe out there, and enjoy your paddling. Just as learning to paddle well, rolls , strokes, leadership, etc, part of being a good kayaker is being a good “Mariner”.

Also
That Captain or Mate WILL be assigned at least some if not the majority of blame. Sad for them as likely a career ending event. And horrible for the folks hurt. In collisions blame is shared even if you think you’re totally correct.



With ferries keep an eye on traffic going on an off and look at the exhaust. A tell tale sign is a plume of smoke from the stacks - pulling away. Some ferries will sound a whistle blast (Inland- pulling off dock or landing) (International - not required, but some Captains do so as a blind corner signal - for safety)

Never be afraid to hail the Ferry on VHF CH 13.


There is always something…
At least one thing you mentioned in the above posts had occurred to me. But I don’t know that area. Habits which may be reliable between paddle craft and commercial craft in one area may not be as reliable in a densely packed place like Manhattan. So I doubt anyone here can say something definitive.



Bottom line, ferries and paddle craft are a particularly tough mix. Ferries have a schedule, can run late and in some areas they have no choice but to go for it hard because of current. No kayaker in their right mind should ever be in the way of the deceptively short ferry run between Shelter Island and North Haven for example. Current runs very strong there and the ferry has to gun it out of the launch to have a chance of making the opposite terminal.



I think it is a wonderful thing that anyone tries to help paddlers enjoy the water anywhere. Personally though, Manhattan is not on my list of places to be wet.

Law of gross tonnage
First time I saw that term, it was in a post by Marshall of The River Connection. I had to look it up as I had no idea what it meant. I do now and that’s what I go by regardless of where I paddle, but especially in the busy harbor where I launch to paddle Lake Michigan. I always think of the “stop, look, and listen” mantra from my childhood while I’m crossing the harbor.



I have to disagree with a comment suggesting lawsuits be filed because I work in the legal profession. We have a sign in our office stating “Agree, because the law is costly.” Litigation is costly, not only financially but emotionally and few wind up happy in the end. Best to let the insurance companies work this one out, or at least try to.



I just hope that all involved recover physically and emotionally from this awful accident.

…and not the guide?

– Last Updated: Aug-31-16 3:24 PM EST –

Lawsuits using misplaced blame get us regulations. Reading you in the past I thought you were opposed to more of those.

In Arizona
ANY paddle or sailing craft has the right-of-way over any powerboat.



BUT…



To insist on that right is stupid and suicidal!

That powerboat is moving at 35 knots and the driver is too busy trying to impress his gf to see a dark-coloured kayak low in the water being paddled by someone in a cammo PFD.



Even when I have the right-of-way, I never insist on it. It costs me nothing to give the river to the powerboat though my daughter talks about suing them…

which is STUPID!!! for so many reasons.

Probably two ins. companies involved.
…each with their own staff attorneys with both pointing fingers at the other…



I remember the Ford Explorer, Firestone Tire fiasco. It ended up killing Firestone when it was Ford’s fault.

No working ports in AZ

Unfortunately
I believe some folk who only paddle state regulated waters that DO give paddle craft stand on status take that as the Rule on all waters.

If it tastes salty you are probably in waters governed by the Colregs, and you are just another vessel subject to the same rules as the guy in the Bayliner.



Tonnage rule: I cringe at that cliche because while it may be a good default to ensure safety it’s simplistic. If Im running a light tug (no barge) I am not constrained. A kayak on my starboard side in a crossing situation for example would be the stand on vessel and i would take action to give way well ahead of time.



If that same kayaker stopped maintaining course and speed it would confuse the situation maybe. Id try for s strong visual contact, slow down and make my course correction to avoid early and obvious.



Ever at a 4 way stop and someone tries to be polite but departs fron the rules? Sometimes it ends up being confusing.



Dont mean to split hairs and generally agree with the tonnage default. Just be smart and avoid situations with prudent navigation.



And use that handheld!



Be safe. Enjoy.

then there was Audi
…and “sudden acceleration”

Law is

– Last Updated: Aug-31-16 6:37 PM EST –

When a power-driven vessel is leaving a dock or berth, she shall sound one prolonged blast.

Large boats here on Long Island NY like charters always get on 16 and request clear passage and wide berth and say what they are planning to do. Instructor should always have a radio and possibly did to know what is going on especially in a busy port like NYC. Courts will sort it out. God bless all the injured kayakers. Was looking to see if announcing on VHF is a law also but didn't find it yet but it should be done especially in situation where you know kayakers are around at times.

Didn’t they say…
The pedals were too close together and blamed the drivers?

I am sure
lawyers are looking for them. It will be a good case for them.

Do the ferries follow the same rules?
It has been a while since I have been on a ferry to or from LI, but my recall is they pretty much traveled their established routes and figured that others would expect they would be there.

still

– Last Updated: Aug-31-16 6:51 PM EST –

ships should announce they are leaving on VHF. Instructor would have had time to contact ferry and / or get kayakers out of the way. Prolonged horn blast you cannot miss unless you are deaf. Glare would be no excuse. Unlike a car where it can appear in almost an instance it doesn't happen when leaving a dock. He should not have moved the ferry and someone should be astern I would think if he can't see and knows kayakers use the waters.

Here’s Jack …

– Last Updated: Aug-31-16 9:12 PM EST –

http://tidesandcurrents.noaa.gov/noaatidepredictions/NOAATidesFacade.jsp?Stationid=8530645&bmon=08&bday=30&byear=2016&edate=&timelength=daily

http://marine.weather.gov/MapClick.php?site=okx&zmx=&zmy=&map_x=91&map_y=218&x=91&y=218#.V8dpzjFTHQM

http://w1.weather.gov/data/obhistory/KEWR.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~x)0

my data are downriver from the accident. not much wind at 39th.

http://w1.weather.gov/data/obhistory/KNYC.html

http://www.google.com/#q=new+york+waterways+ferry+schedule+weekend

http://www.nytimes.com/2016/08/31/nyregion/11-kayakers-rescued-from-hudson-river-after-collision-with-ferry.html?_r=0

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