Quote:
Originally Posted by Evenstar
Again, I stated that SOME boaters are traveling faster than their ability to see smaller boats in time. It is therefor your burden to prove that this is not true for any boaters. Do you contend that every single boater who travels at speeds greater than 45 mph is never traveling faster than their ability to see smaller boats in time to remain outside of their 150 foot zone?
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You're asking the wrong question. I would contend that not every driver in a car in a snowstorm travels at a speed proper for that condition. Yet we don't post speed limits based on the worst case conditon and the worst case driver. It's expected, demanded, that the driver be reactive to the situation presented to him/her. Neither I nor Ryan have any burden of proof to show that the worst case idiot won't see you in a kayak, laws are made for the reasonable man. What can we as a rule expect or not expect from a reasonable man. We don't make laws so that drunks, nor the careless nor the reckless are "safe" at the stated limit. Speed limits, if needed, should be based on what can a normal person, not Superman but not a 1 eyed drunken 90 year old sailor either, can do. In 30+ years of boating I've yet to have a canoe or kayak pop up from seemingly nowhere in front of me. While kayaks are less visible than boats let's not get carried away here. I can't recall the last time I didn't see a kayak at 1000' distance. That some people don't pay attention means "we" ought to be working to remove those people from the boating public. If the Littlefield case shows anything, it shows just how much time you can give to the careless boater and still end up with a collision.