Who has the Right Of Way
 

I read a post on another Winnipesaukee forum where the writer was describing how he was towing a skier this past weekend and another boat coming from his right did not give way to him and he even went so far as to chase the offending boater down and yelled at him for not understanding the ROW rules.

Left me scratching my head. I have never thought a boat pulling (not towing!) a skier or tuber suddenly gets the ROW no matter what. I think there is confusion about when a boat that is TOWING something — like another boat or a barge, etc. such that ITS NAVIGATION ABILITY is limited — where that boat does have the ROW. Realistically, those boats are probably not going fast either.

A boat with a skier behind it going 30+ mph does not have any limitations on it’s ability to navigate and hence is subject to all the usual ROW rule. A boat crossing from the Right (starboard) side is the stand on boat and the ski boat has the obligation to give way. Moreover, I would argue that the ski boat has an even higher obligation to maintain a strong watch and to make conservative decisions to avoid dangerous crossing situations which could also put the skier at risk.

And of course common sense says to drive your boat in a way to minimize the risk of collision regardless of who is right.

I looked in the NH boating safety handbook and did not see this specific topic addressed.

Educated me!

Who has the Right Of Way
 

In crossing situations Vessel on your right has the right of way. At night, you will see their red or green sidelight. Red light stop. Green light go.

I would also expect the ski boat to avoid traffic as best as possible.

That being said, I would steer clear of a skier for good measure. Even if I have right of way and I’m aiming to pass behind the skier...that skier could fall in the wake ...


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I think some people think that ROW has to do with the size of their boat! I experienced that a couple of times last weekend. Even though I had the ROW, two different larger cruisers refused to yield to my 20 footer. The size of your boat gives you no more or less rights when it comes to enjoying the lake!


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You're absolutely right on all counts. The vessel approaching from the starboard has the ROW AND the vessel towing someone should be choosing its area carefully to avoid traffic—sadly, all to often people don't care about either.

Ultimately, like in The Graveyard discussion and so many others, I find myself just pausing and letting things go—a tactic that has served me well on MA highways for two decades—and educating whenever possible.

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Regardless of ROW, both captains could likely have made modest course changes and eliminated any ROW issue. The courteous approach is easy to take if you're paying attention 360 degrees. Ignorance is all around us. A Sea Tow captain told me he was bringing a boat into Saunders Bay, lights flashing etc and he was cut off by a sailboat who yelled "You've got a motor". He reported to MP who promptly came out, stopped the sailboat and explained things as they really are. They can't do this all the time, but it is nice when it does happen.

Amen.

Especially crossing open areas like north of Witches and you got boats coming from every direction at you. I got tired of playing the 'Which way is that idiot going to cut me off' game....

Now if I turn to the right and he turns to intercept me,, I just drop the throttle and shake my head. Safer that way.

Since it happened on a weekend, enough said.

Water rage
 

Quite frankly Think, this tactic may also be what has kept you alive. When your blood starts to boil, it's time to calm down and think rationally. Lot's of crazies on the road and a fair percentage on the water too.

Also keep in mind
 

In tune with my 'think rationally' comment above, remember that there are also many perfectly responsible individuals on the water that just happen to be new to boating. I've learned some lessons of my own and I've been shouted and glared at. I learned from these experiences and it's given me a greater understanding when seeing the mistakes of others.

A little bit of patience goes a long way.

It certainly hasn't hurt my ability to think rationally, but I think the most important aspect is that I'm much more at peace, and enjoy the ride(s), without getting worked up.

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To answer the question as stated:

NOBODY

If you ask the question "In a crossing situation, which vessel must stand on and which must give way?"

The answer is the vessel which approaches from the starboard side is the stand on vessel.

The reason that neither vessel has the "right of way" is to avoid collisions.

Unless there is certainty that no possibility of collision exists, the captain of each vessel must take action to avoid a collision.

It starts with the "stand on / give way" rules but it does not end there.

In the case cited above the vessel coming from the starboard side was supposed to stand on.

The vessel towing the skier was supposed to give way.

If they had collided, both would have responsibility,

What I have told my kids and others when driving is keep your head on a swivel and assume the others think they have the right away. Do that and you stay safe and sound and no one gets hurt or worse.


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This sounds like a good idea, but it's not what you are supposed to do and can make matters worse. The stand-on vessel is supposed to maintain course and speed unless it cannot safely do so. When I am operating the give-way vessel, I am counting on the the stand-on captain to maintain course and speed and I will adjust my course and/or speed to avoid a collision course. If the stand-on captain does the same thing, they can easily put us back on a collision course.

I recently put a Garmin Fantom 24" radar on my boat and has a slick feature that automatically paints targets on the screen that are moving toward me a different color than targets that are moving away from me. It's super handy for keeping track of boats in a busy area, especially in poor visibility conditions. It's MUCH easier and ten times faster to ascertain what's going on around me with it than my old radar was. If you are in the market for radar, it's worth a look.

Regardless of RoR

Reckless endangerment might apply. And, stupidity.

I think we've had this discussion before. I understand your point. My point is that in many cases a small alteration in course will totally avoid the stand on/give way situation ever arising. For example, I am in the give way position with another vessel coming across my course. If I change my course (yes, I'm really giving way) I will pass behind the privileged vessel and nobody approaches where there is any situation that needs further definition. I think most of the discussions here relate to smaller, faster boats who are not planning ahead, or as in the OP, a misunderstanding of the rules.

I agree. Even when you know you have the ROW there's a high probability that the other guy doesn't know it. Best option is to just yield. And try to wave with all your fingers and not just one.

When I was in Coast Guard OCS, we learned that it was preferable NOT to have the right-of-way [ROW]. This was because you never know whether the other bozo knows the rules-of-the-road, especially if the co-pilot is scantily-clad.

However, the vessel with ROW is obligated to maintain course and speed unless a collision is imminent. This gives the other vessel knowledge of the ROW's intentions so that other vessel can maneuver around the ROW vessel.

As for the O.P.:
One factor in determining right-of-way [ROW] is maneuverability. Less maneuverable boats usually have ROW. This is why sailboats usually have ROW over motorized boats. Vessels with tow have the ROW over ordinary boats. Whether a waterskiier in tow qualifies may be a debated matter .

Row
 

Yes, so you agree with Dave R. You just described what Dave said in his post. You said you as give way vessel altered course. That is what Dave said and is what give way vessel is suppose to do.

I practice that while driving in the car too. If coming up to a 4 way stop and it appears me and another car will get there at the same time I'll slow down a little to make it very clear the other guy got there first. Odds are whoever it is will not know or follow the rules and it's just easier that way.

In post # 2, persistence said,

"In crossing situations Vessel on your right has the right of way. At night, you will see their red or green sidelight. Red light stop. Green light go."

A couple of posts seemed to indicate the opposite is correct.

Just to confirm, I believe persistence is correct- red light means stop (or, more accurately- give way).

Be Prepared
 

While coming into the mainland from Bear Island, we saw a small (about 15') boat approaching well ahead of us from our port. We held our course as it was apparent that this small craft would be well beyond our path of travel. It stopped suddenly in our course, We slowed and altered our course well astern on the stopped boat. No near miss or anything like that. The boat had several young "captains" enjoying a morning outing. The outboard motor was no more than 25 HP thus all was legal. So, caution, you may encounter a variety of situations as you cruise on our beautiful lake. 🐻

I never really thought about it that way, but you made me realize that I also prefer to be the give-way captain in crossing situations for the same reason. I usually make my course correction early enough that I suspect most stand-on captains never even realize there was a collision course at any point.

Right
 

Exactly right.

Row
 

Coming out from the end of Stonedam Island with Stonedam on the right headed towards Governors Island in the afternoon, this past weekend, 2 jet skis, a 25' bowrider and a pontoon boat all approaching from my port, so I have the ROW, not one would give way to me, I slowed but still on plane to allow the jetskis to pass, the bowrider was also not giving way so altered course and speed just enough so bowrider could also pass. To hell with the pontoon boat, continued on my course and forced them to slow and go behind me, they appeared to give me the sarcastic wave like I was the A-hole. It was never unsafe or imminent that there would be a collision, I would never do that, but this was so ridiculous. 4 vessels not giving way. Nice to see the boater education cert is working.

Been there...people just seem to dare you to contest their operating skills/knowledge, even when they are obviously in the wrong...it blows my mind.

Last Saturday morning around 9:30 we were just about at the no wake buoy right off Pine Island. We were doing about 3 to 4 miles per hour at this point and we see this center console coming around the North East side of Bear Island, on plane. He cuts across our bow, maybe 100 yards or so and then turns towards us and slows down and then stops. We go by him and he's staring at me like I have two heads and I am staring at him like what the F was that??? He yells PORT to PORT A--hole. I’m like really, you needed to cross over 800 yards of open entrance between Bear and Pine just to pass me, Port to Port???? Really??

Too may capt boneheads out there
 

After reading all these post I'm definitely not sailing on weekends anymore. Weekdays are much quieter.

Chapman's Piloting and Seamanship covers this.

Type "Meeting" in the search line and look for page 157.

I often pass Stbd to Stbd when there is adequate clearance as noted in the book.

Did this start as a meeting situation or was he first crossing from your port?

No matter how egregious I think another boater's rule breaking appears to be, I back off. No doubt I have given others cause for concern in my boating career.

https://books.google.com/books/about...d=gOLEhDB0vzgC

Draw a triangle starting on the south side of Stonedam, to Eagle Island, to the south side of Pitchwood and you've found one turbulent area of the lake. I've experienced some wild water action there as boats large and small converge from all angles into a very narrow channel. Good place to avoid if you can on weekends except it's the only fast route to/from Meredith or Paugus Bay unless you want to deal with the no wake zones north and west of Governors.

He came from my starboard side. I was up against Pine Island and he was coming from Bear Island. He crossed almost 800 yards of open entrance to go into the bay I was exiting. There weren't any other boats around us. No reason to do what he did.

I concur. He might not understand that there's a better way available within the rules.