Quote:
Originally Posted by tis
Local Judges have accepted and recognize the intent of the law and therefore the application of the “slowest speed necessary…” is the portion of the definition that our officers most often use in their application of the law.
I supposed you still know more than the Captain of our Marine Patrol, Woodsy?
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Well Tis.... Tim's letter proves my point. The legislature added "the slowest speed to maintain steerage" clause so that if conditions warrant it you can exceed the 6MPH speed limit. The original definition of "Headway Speed" was just 6MPH. The legislature made no differentiation in the law for Tidal vs. Inland waters. You can argue all you want, the reality is you are allowed 6MPH in a NWZ. I know this because I won my case... I demonstrated that my boat @ dead slow was 7.5MPH. Dead Slow being just in gear/no throttle. I won because the the statute reads "6MPH or slowest speed needed to maintain steerage". I ultimately prevailed in court.
There is no boat at 6MPH that is going to leave any sort of a damaging wake... Well, maybe one of those new ski boats with the ballast tanks and tabs... maybe.
Woodsy
Woodsy