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Old 04-21-2005, 08:40 AM   #6
Joe Kerr
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Question Safe Passage, wakes. headway, liability.

Quote:
Originally Posted by Evenstar
Ok, this is actually part of RSA 270, but it seems to be the only place that covers wake liability. Isn't this what you are looking for?

Section 270-D:2 General Rules for Vessels Operating on Water:
VI. (a) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(1) Rafts, floats, swimmers.
(2) Permitted swimming areas.
(3) Shore.
(4) Docks.
(5) Mooring fields.
(6) Other vessels.

Section 270-D:1 Definitions: VI. "Headway speed" means 6 miles per hour or the slowest speed that a boat can be operated and maintain steerage way.
Good points from Evenstar. You show above average knowledge of the rules and where find them. It is nice to see the accurate 150 foot rule rather than the erroneous blanket statement to keep headway 150' from absolutely everything. Even though it has been discussed here on the forum in past years, there are many boaters who do not know the actual 150 foot rule RSA you quoted and the inclusions and exclusions to the 150 foot rule. Some other RSAs mention headway speed in specific No Wake Zones like in Meredith.

For those that may not know, the 6 m.p.h. headway speed limit law means land speed and not the speed at which water passes by your vessel. Relative land speed is easily and accurately measured by a GPS. Your standard onboard speedometer is not accurate especially at such slow speeds and it measures water passing the hull, not land speed.

How do you prove liability? Which wave or wake came from a specific boat and did damage? What about combined wakes from more than one boat? What happens when you go at 6 mph and make a wake? What happens when the damaging wake comes from a Marine Patrol boat going faster than headway?
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