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Sea Kayaks Techniques Bulletin Board
Re: Right of way
Posted By: Karl In Response To: Right of way (Kris Buttermore)
Date: Tuesday, 3 August 2004, at 12:13 p.m.
I expected maybe a bit more contoversy on this topic, in part because court cases that have helped interpret the Rules have not involved kayakers.
Years ago, one of my mentors insisted that we kayakers had far more right of way than generally assumed. He based this on a reading of Rule 18, out of context, and placed us as vessels with low maneuverability. Maneuverability is the ability to change course and speed, and while we can change our heading readily, we are still in essentially the same spot.But the definition of of maneuverability in rule 18 is expicit, and we don't meet it. Plus, in another section, maneuverability includes the ability to stop! We can do that better than almost any craft. Thus, we have the same right of way as the neighbors cat in the street. Take pity on us...
Yeah, Kris, I think your interpretation is spot on.
: In most situations (ie - kayaker not in any distress) the kayak, being far
: more maneuverable and able to almost instantly stop: I think some read the rules for sail boats and wrongly assume that they apply
: to all non-motorized craft.Great finishing observation. I think this is where much confusion comes from. I was taught the Rules piecemeal, and had some poor application at times (oops!). When I read them all, plus looked up court cases and supporting clauses, wow, I think they are brilliant. There is actually a lot of freedom in the Rules.
BTW, everyone should read them and try to find any use at all of the term "right of way". It almost doesn't even exist in the rules- because essentially, no one does.
karl
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