Island Lover wrote:
Quote:
Post 234 refers to post 231. However Islander was clearly talking about the responsibilities of the powerboater. Responding that a kayak is a boat has nothing to do with the statements in 231.
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Actually post #234 that I wrote points out that a kayak is a boat and must comply with ALL the same navigation rules as an 18' bowrider or a 45' cruiser, not just SOME of them as has been continuously ignored by the kayak sympathizers!
The "powerboater is always wrong" crowd first accused the powerboater in question of not keeping a proper lookout. I am just pointing out that it was also the responsiblity of the kayker to keep a proper lookout, and based on his action of abandoning his boat it is reasonable to say he saw the approaching vessel and rather than paddle out of the way he jumped out of his boat thus taking his second action to directly cause the accident! (The first was being out on the water after midnight without proper lighting)
Of course when we found out from someone on board the powerboat that not only was there a proper lookout posted, but an active search ahead of the boat with a spotlight...well, then the argument turned to:
Quote:
Originally Posted by Gavia immer
the moment that the spotlight is put to use looking ahead of the powerboat, that obstructions should have been seen. If obstructions aren't seen once a spotlight is put to use, that was negligence on the part of the captain for excess speed under conditions he created himself for his boat and passengers.
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And there it is
Aubrey....SPEED!
I tend to agree with LocalRealtor, enough is enough until someone can obtain a copy of the MP report on this case.