Boating Accident/Death off Diamond Island

[RI Swamp Yankee]

Originally Posted by Ryan

.. How fast were they going again? I don't recall reading what the investigators determined their speed to be? ...

Correct, it hasn't been determined what the actual number was but whatever it was it was higher than the definition of safe speed. If the actual speed was lower than the safe speed, the operator would have been able to "take proper and effective action to avoid collision".

Safe Speed

A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.

In establishing a safe operating speed, the operator must take into account visibility; traffic density; ability to maneuver the vessel (stopping distance and turning ability); background light at night; proximity of navigational hazards; draft of the vessel; limitations of radar equipment; and the state of wind, sea, and current.

[Airwaves]

Orignally posted by RI Swamp Yankee
Safe Speed

A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.

In establishing a safe operating speed, the operator must take into account visibility; traffic density; ability to maneuver the vessel (stopping distance and turning ability); background light at night; proximity of navigational hazards; draft of the vessel; limitations of radar equipment; and the state of wind, sea, and current.

That would be USCG NAV Rule 6, which doesn't exist in New Hampshire or Lake Winnipesaeukee.

When I offered it up as a compromise to the useless 45/25 speed limit not a single supporter of speed limits went for it...now you're quoting it? Why?

[RI Swamp Yankee]

Originally Posted by Airwaves

That would be USCG NAV Rule 6, which doesn't exist in New Hampshire or Lake Winnipesaeukee.

Also referred to as International Rule 6. There is a watered down version in the NH boating license course, Chapter 3.

3 -Maintain a safe speed.
Safe speed is the speed that ensures you will have ample time to avoid a collision and can stop within an appropriate distance. Safe speed will vary depending on conditions such as wind, water conditions, navigational hazards, visibility, surrounding vessel traffic density, and the maneuverability of your boat or PWC. Always reduce speed and navigate with extreme caution at night and when visibility is restricted.

http://www.boat-ed.com/nh/course/p3-...ringothers.htm

Originally Posted by Airwaves

When I offered it up as a compromise to the useless 45/25 speed limit not a single supporter of speed limits went for it...now you're quoting it? Why?

I avoided that 45/25 "debate" like the plague. The very tragic accident in this thread brought to mind that rule from the course I took LONG ago.

[RI Swamp Yankee]

Originally Posted by Airwaves
When I offered it up as a compromise to the useless 45/25 speed limit not a single supporter of speed limits went for it...now you're quoting it? Why?

Originally Posted by RI Swamp Yankee

I avoided that 45/25 "debate" like the plague. The very tragic accident in this thread brought to mind that rule from the course I took LONG ago.

Iintended to add:
With all the talk about what speed the boat was going and if it was over / under 25 there was a rule that had higher precedence. There does need to be a defined maximum that applies to ideal conditions. The condidions that night were not ideal so rule 6 applies.

[Airwaves]

Originally posted by RI Swamp Yankee
The condidions that night were not ideal so rule 6 applies.

Unfortunately Rule 6 does NOT apply because it is not the law in New Hampshire. NH has not adopted it so it does not exist. I think it should, but it does not.

There has been much debate about the NH Boating Rules Guide and actual law and the language is different. The RSA covering what you are talking about deals with Negligent Operation of a boat. (I don't recall the RSA number off the top of my head) but it appears to fall short of Rule 6 which is why I advocated for the adoption of Rule 6 vs HB847. It would have added a tool to the Marine Patrol arsenal that would NOT cost additional money and addressed the safety issue that supporters of HB847 at least initally claimed was their concern.

At this point I agree with sa meredith, this thread is supposed to be for actual information regarding this tragic accident.

I am guilty of hijacking so I will refrain from other thoughts about Rule 6 until we actually know what happened.

If you'd like to start another thread to debate the merits of Rule 6 vs the NH RSA I'd love to take part in that!

AW

[RI Swamp Yankee]

Originally Posted by Airwaves

Unfortunately Rule 6 does NOT apply because it is not the law in New Hampshire. NH has not adopted it so it does not exist. ...

Absolutely correct, I worded that badly. I should have said, Rule 6 should apply if you are a prudent boater. All of my boating took place in waters where that rule did apply, seemed like common sense. Same as the paved highway, speed limit may be 65 but when the rain and fog set in a prudent speed may be 45.

[RI Swamp Yankee]

Added note: A version of rule 6 will go into effect 1-1-09 with HB847 (RSA 270)

[VtSteve]

Originally Posted by RI Swamp Yankee

Correct, it hasn't been determined what the actual number was but whatever it was it was higher than the definition of safe speed. If the actual speed was lower than the safe speed, the operator would have been able to "take proper and effective action to avoid collision".

Safe Speed

A safe speed is a speed less than the maximum at which the operator can take proper and effective action to avoid collision and stop within a distance appropriate to the prevailing circumstances and conditions.

In establishing a safe operating speed, the operator must take into account visibility; traffic density; ability to maneuver the vessel (stopping distance and turning ability); background light at night; proximity of navigational hazards; draft of the vessel; limitations of radar equipment; and the state of wind, sea, and current.

As usual, let me interject the What If. Drunks don;t generally pay attention to those type of things. Not making a judgement, but it has become the norm for many years of accidents.