Distracted driving?
I didn’t appreciate the comment from the fire captain basically making excuses for the conditions that the boat captain faced. As paddlers we are all
“Lower than normal “ boats. His comments frightened me a little bit. I’m angry this happened, I’m sorry for all families involved. This incident was tragic and avoidable. Be careful out there.
If you continue with his comments though, he accurately points out the need for power boats to have someone on the bow as a lookout. There is a blind spot directly ahead and the higher the boat the worse the blind spot, although going fast in smaller boats lifts the bow and creates a similar blind spot.
It seems to me the comments were aimed at power boat operators to encourage them be more observant.
Just like those of us who ride motorcycles, you need to stay aware of your surroundings.
Sorry but I drive a large 25 ft tritoon and a 23 ft bowrider, in addition to my kayak, and the only way you won’t see a kayaker–or a log for that matter–is the following:
- not performing due diligence of an active lookout–this is a captain’s responsibility
- drinking alcohol which impairs senses
- operating the boat too fast
A pontoon should almost never be trimmed such that you can’t see over the bow. If so, you are going too fast, don’t know how to trim the boat, or you are too short and need to stand. Simply no excuse. Full stop. The kayaker is always the stand-on vessel (ok–edit–if you are next to a barge etc not the case…but talking typical situations). And that doesn’t mean a kayaker doesn’t need to have their head on a swivel–they do. There is responsibility both ways–but there is no excuse for a boater who runs over a kayaker was my point, unless the kayaker committed suicide by intentionally crossing in front.
For instance, I can guarantee I will never hit a kayaker. See items 1-3 above.
Some states have exceptions for lakes and ponds and NH does have such. Even then, it is not an absolute right. The stand on vessel still has the obligation to avoid a collision if the give way vessel fails to do so.
But otherwise, under ColRegs, the above quote is not the least bit true. There is nothing in the International nor Inland Rules that gives kayaks or any paddle boat any higher status.
I would hope that these collisions are not caused by or exacerbated by the uninformed reading such misinformation on the internet and thinking they can just splash around on navigable waters believing everyone else needs to stay out of their way.
“I would hope that these collisions are not caused by or exacerbated by the uninformed reading such misinformation on the internet and thinking they can just splash around on navigable waters believing everyone else needs to stay out of their way.”
“These collisions”? One collision. Stay on specific topic, not generalities.
That’s ridiculous and you are arguing for the sake of semantics versus practical sense, for two reasons.
One, of course there is no universal rule nor exception written for any vessel type–we have to use our brains as captains and as operators. The point is–in almost every practical situation, a kayaker is never going to be in a position where it can be considered to be the vessel that must avoid a powered boat because it may simply be impossible. Could I think of an exception? Sure. But sailboats under wind power are usually specifically listed as such for this reason due to the lack of avoidance capability, but an unpowered PWC is even more vulnerable than a sailboat.
Second, I say ridiculous because do you think–seriously–that someone in a kayak is merrily challenging a powered vessel because they have the “right of way”? Is that the argument? What about a swimmer who fell out? They out of luck too? Or they just figure they are in the right based on internet misinformation, so they say screw the powered boat. Seriously?
As I said–I would never hit a kayaker for the three reasons named. Your lake/pond exception makes no sense and I’ve operated boats in 8 states and three countries–simply no excuse to hit a kayaker. And again no exception has anything to do with the 3 reasons I named.
So, to wit, I hope your misinformation doesn’t lead to someone just merrily pushing the helm to full throttle figuring if the dumb kayaker can’t see me, they are too stupid to live. If you are indeed that type of boater, then hopefully “these collisions” aren’t caused by idiots who believe they own the water in front of their bow as they sip a beer.
You can write as many words as you like but you stated the “kayaker is always the stand on vessel.” That is not true and is not in the Colregs.
Collision avoidance is the obligation of all vessels and in no case is the kayak the stand on vessel by mere virtue of being a kayak. Unless the powerboat is constrained to a channel or displaying the shapes or lights of a vessel restricted in ability to maneuver or not under command, neither is it the stand on vessel. Neither the kayak nor the powerboat is the stand on or give way vessel but both are required to avoid a collision.
There are plenty of collisions and near collisions where one boater or another believes they are the stand on vessel and have no obligation to move. Boats simply by virtue of being a sailboat, under sail or not, thinking ships should stop for them. Kayaks in channels impeding boats that are restricted to the channel. And plenty of times in this forum where someone states that kayaks always have the right of way.
You can as well, and to state your non sequitur that someone gets plowed over in a kayak because of something they read on the internet is, sorry, but nonsensical and you are arguing with the wind about something that has no bearing on the OP topic.
Yes I avoid a collision both as the yaker and the captain of a vessel. CLEARLY. But when I am in a yak, I cannot simply apply power and dart away when an idiot is doing 25 knots directly toward me. They must avoid. So it is moot. One boater vs another boater and moving out of the way has no relevance to a kayak and a powered vessel.
Back to point 1–if they don’t see me, and can’t avoid me, they are likely not a responsible captain because then the relative closure speed is what THEY control–not me.
OBTW–I guarantee a jury of peers would see it that way every time. A kayaker paddling along at 2mph gets mowed over by someone doing 20 knots with an open container. Open and shut on liability.
The COLREGS do not recognize the concept of “right of way”. The overarching concept is that all operators of all vessels have a duty to do everything possible to avoid a collision or accident. A kayak or scull is just another vessel, same as a powerboat or oil tanker. The rules of navigation can be complex with many extenuating factors.
In most cases involving marine accidents, blame is apportioned. In this case it is possible the pontoon boat will be found entirely liable, but we do not have all of the facts. Did the sculling boat do nothing to avoid the collision assuming the pontoon boat would change course. Did the sculling boat operator not keep aware of other boats on the water? Did the scull do everything possible to avoid the pontoon boat, but the pontoon boat was being operated so erratically that all attempts to avoid it failed.
The concept that kayaks always have “right of way” or are always the stand-on boat is a dangerous nautical myth that all too many kayakers believe.
The Law of Gross Tonnage is nicely explained here:
American Boating Association:Bigger vessels have right of way.
The informal Law of Gross Tonnage is actually dealt with in COLREGS in that a larger vessel is often constrained in maneuverability as compared to a smaller vessel. This can be from freighters in open water to larger vessels in a marina or restricted channel.
I have seen idiot kayakers mindlessly cruising down the middle of the channel in front of an ocean going freighter entering Baltimore Harbor when there is no reason for them to be in the shipping channel.
A sailing school in Annapolis with multiple small two person sailboats is often in the restricted channel when larger power boats and tour boats are entering or leaving the harbor. Again, no reason for them to be in that particular spot. Seem to be a pissing contest between the large tour boat operators and the sailing school. I’ve seen the small sailboats occasionally capsized by the wake. Stupid and dangerous.
I’ve heard a leader of a kayak touring company in Annapolis tell their clients, don’t worry about power and sail boats because you have the right of way.
Lack of common sense and courtesy that gives us all a bad name.
Well said. You’re always Jonny-on-the-spot when marine rules of the road discussions arise.
A kayaker or in this case a scull, who does not see a pontoon boat on a potential collision course wasn’t paying attention. I’ve not even been on a pontoon boat, but they don’t seem like the sort of craft that could abruptly change course.
Pontoon boats turn more easily and rapidly than v-hulls because the pontoons have rounded bottoms. Power boats have an advantage over paddlecraft in collision avoidance because they can create more separation distance with a smaller course correction because they are going faster. When paddling, there’s a possibility that you can’t get out of the way fast enough if you don’t have enough warning time.
Also, sculls are harder to turn quickly than most other human powered craft, and the rower faces in the opposite direction from travel, making them an especially vulnerable target. For that reason, there are places where it’s unsafe to row, but I don’t think Winnisquam is one of them. I’ve been on the lake before and it’s pretty open with only one choke point of sorts in the southern end, which would not be crowded at 6:40 AM. Without knowing the location and particulars of the accident, I don’t want to assign blame. But besides fog and boat operator negligence, it’s hard to think of other possible causes.
It’s always a question when you are technically the stand on boat in unconstricted open water with a an approaching powerboat that is not restricted by maneuverability. Do they see you and are they aware of the rules of navigation. Ideally they will adjust their course slightly to avoid you.
Generally I prefer to maintain my speed and heading rather than leave them confused as to what I might do. Other people either stop or alter their course and/or speed feeling it is safer. Of course, if the approaching boater is not paying attention there may not be a sure option. There is also the chance that the approaching boat believes that he is the stand on boat because kayaks have no place in open navigable water.
There have been instances where two approaching boats repeatedly altered course to avoid each other and ended up colliding anyway.
I was once almost run down by an erratically operated powerboat. When I got closer I saw that there was no one at the helm although the boat was operating at a relatively high speed. The father had left the cockpit to wallop is misbehaving kid in the back of the boat.
And I didn’t mean to sound like I was assigning blame; it’s not for me to say. I was merely commenting about the importance of awareness. You need to look out for your own safety.
The big boat will alway win, distracted operators of any watercraft are a danger and alcohol is the cause of too many watercraft deaths.
I know. 
I noticed you and rstevens15 have been helpful by spreading awareness that paddlers are just as responsible for collision avoidance as other vessel operators.
Since the deceased was rowing a skull in the early morning, there may have been multiple factors impairing his awareness: facing the opposite direction from travel, possibly engaged in strenuous exercise, possibly letting his guard down because few boaters were on the lake. So it’s possible he did nothing to avoid the collision and may not have been aware of the boat until seconds from impact.
It’s unclear how visible he was, depending on his clothing and the color of the scull and oars. But would he be less visible than a log?
My Dad taught me to operate boats on Lake Ontario and one of his basic safety guidelines was the log standard: If a log big enough to damage the hull was directly on your path, would you be able to see it and react in time? If not confident, then you’re going too fast for the conditions. Logs are hard to see because they are mostly submerged and neutral colored. And you could encounter them anywhere out in the lake. They would get flushed out of the rivers after storms and could float out there for a month.
I liked it because it was kind of a worst case. If you were confident you could avoid a random log while traveling to fishing spots offshore, then avoiding the jet skis, Hobie cats, wind surfers, and row boaters you encounter close inshore was a piece of cake.
In defence of the sculler, the few pontoon boats I have been on and seen, all have excellent forward visibility. Often much better than most power or sailboats.
It’s always interesting to hear parental wisdom. The one from your Dad is a good one.
When my Mom was teaching me to drive, she said: “I’m going to tell you what my Dad told me when he put me behind the wheel for the first time. “Drive like everyone else is a d**n fool and you’ll get there.”
That’s sort of where my fixation on avoidance comes from. So many times we hear “but I had the right-of-way” when a friend has a collision. While that’s important for insurance or culpability, I’d rather not have the accident. Genwakai Karate has a similar idea: be other than where your opponent strikes.
We all screw up and most accidents are not due to a single factor but a cascade of little things.