# Navigation Rules 101



## dranrab (Oct 9, 2016)

In my job I occasionally pen boating safety related material. Here is one of the articles I have written and have been sharing on social media. 

Navigation Rules 101

The Navigation Rules book is just over 200 pages long. Some of the more technical aspects can be complicated. Fortunately for us recreational boaters the situations we most often encounter and the rules we apply to those situations are few and they are simple. Let’s explore a few of the more commonly applied rules here.

All vessels are required at all times to keep a lookout by all available means. Everyone on the boat can and should play a role in keeping a lookout. A GPS/Chartplotter and your radar, if equipped, should be used. We have to proceed at a safe speed so that we can take action to avoid collision and to be stopped within a distance appropriate to the prevailing circumstances. Visibility and traffic density are a few factors to consider in establishing safe speed.

Many collisions occur at blind bends or other places where the operator’s sight line is diminished. We MUST assume there is another boat on the other side of that bend in the river, that peninsula or point in the lake or on the other side of that visual obstruction and we MUST adjust our speed accordingly. The other boat may even be approaching at a high rate of speed. At night we are going to have to back off of the throttle. In fog or heavy rain, do not use a GPS as if it is a radar. It may show us where we are going, but it won’t show other boats. Every year boaters lose their lives using their GPS as their eyes in poor visibility.

Let’s look at how power boaters are required to operate in encounters with other power boaters on open waters. There are 3 basic categories of navigational situations. Overtaking situations, head-on situations and crossing situations. In each of those there is a “stand on” vessel and a “give way” vessel. There are sound signals we may be required to use in these situations, but that’s a lesson for another day.

In overtaking situations, the vessel being overtaken is the stand on, and the vessel overtaking is give way. The vessel overtaking should give a wide berth to avoid a close call. The vessel being overtaken should maintain course and speed. Any boat operator must take good look around before making a course or speed alteration. Crashes all too often happen when a boat is being overtaken. The operator doesn’t realize they are being overtaken, doesn’t take a look around and makes a turn directly in front of the overtaking boat.

Head on situations are easy. Generally we should set up to meet each other just like we do on the road. Each boat should bring the other down its port/left side absent other arrangements. The rules tell us to act early and decisively. Well before we come close to each other, each operator should make an appreciable alteration of course to starboard. In doing so we clearly communicate our intentions and open up enough sea room to keep from having a close call.

In crossing situations the vessel that is to the starboard/right is the stand on vessel. When approaching a vessel that is to the right of us we are required to take early and decisive action. Well before it becomes a close call, we should set up to go well around the stern of the boat to our right. We have all been out there on the water when the give way vessel continues to steer on a collision course with us leaving us wondering what they are going to do. Don't be that boater. Action should be EARLY and DECISIVE enough to be readily apparent to the other boater.

If a boat is operating in a channel and we are outside of the channel, the boat inside the channel may not be able to operate safely outside of the channel, and in such case will be the stand on vessel.

Crowded waterways are another place where collisions are more common. On busy waterways we may have multiple navigational situations at the same time. If at any time we become unsure of how we should operate or of what the other boaters are doing, we are required to slow down. Even if we are the stand on vessel we are required by the rules to take all action necessary to avoid collisions.

Let’s touch on navigation lights real quick. Let’s assume we are all on recreational power driven vessels less than 12 meters in length. We are required to have red and green sidelights. They can be separate or in a combination light. We must also have a white all around light that must be high enough to be seen from 360 degrees. These must be purpose built navigation lights. LED strips and such do not meet the requirements. 

There are a dizzying array of auxiliary lights being marketed to and used by recreational boaters. It’s generally a bad idea to run with some of these auxiliary lights. We cannot burn auxiliary lights underway if they do the following: 1. Interfere with another boater’s ability to distinguish the lights we are required to burn. 2. May be mistaken for other lights specified in the rules. 3. Interfere with our ability or another boater’s ability to keep a proper lookout.

Let’s get into #3 a little bit. If we are burning a spotlight or a light bar, and that light is directed in the direction of another boater, we have just degraded their night vision and have violated the navigation rules. The presence of auxiliary lights on our boat may look cool, but they all too often present a confusing picture to other boaters and they without question degrade our own night vision. In that case, the auxiliary lighting is illegal as well. Auxiliary lighting enforcement is becoming a hot topic with boating law administrators all across the country. Expect to see more of an enforcement focus on this in the future.

In boating accidents there is generally not an “at fault” party. Since both parties have a legal duty to take all action necessary to avoid collision, when collisions are litigated each party is typically apportioned some percentage of the responsibility. Who among us wants to be legally liable for any percentage of the value of a human life?

It’s difficult to reduce 200 plus pages of content to the most meaningful 2 pages of information. To that end all readers are encouraged to take a look at the navigation rules online. They can be found easily using the search engine of your choice. Since states are not allowed to have Navigation Rules that conflict with the federal rules, you don’t have two sets of rules to play by.


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## Smackdaddy53 (Dec 31, 2012)

This should be a sticky at the top of the page or have a place where it can and will be seen by anyone that opens this forum...
Thanks for posting!


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## flyclimber (May 22, 2016)

This is great info!


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## dranrab (Oct 9, 2016)

Smackdaddy53 said:


> This should be a sticky at the top of the page or have a place where it can and will be seen by anyone that opens this forum...
> Thanks for posting!


Thanks for the kind words Smack. I realize in posting to this forum and The Hull Truth that I am communicating with a better educated and generally better prepared segment of the recreational boating public, but since I already had it typed out, I thought I may as well drop it in here. It could launch some productive discussion. 

From my perspective the speed around blind bends is my greatest concern. One year back when I was a SAR controller we worked 5 different fatal collisions where boaters were blasting around blind bends and collided with other boaters.


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## iMacattack (Dec 11, 2006)

Smackdaddy53 said:


> This should be a sticky at the top of the page...


Stuck! Cheers


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## topnative2 (Feb 22, 2009)

When in doubt of another vessel's intentions reduce speed.


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## hipshot (Sep 29, 2018)

Thank you for that post. I have actually attempted to do the same thing on a couple of other forums, and the moderators would not permit it. It's heartwarming to see that some members here have enough sense to appreciate it. Well done! One thing that I might add, if I may, is that there seems to be a lot of confusion in many situations about the technical requirements for lights. Please direct folks to Annex I for those specifics. More and more often, I see professionals on the water with lights that are not remotely legal. Friday morning in Port Aransas several guides were running out of the marina in bay boats with standup center consoles, and those silly little white lights on the outboard's cowling; one actually had his white 360* light lower than his sidelights. You'd think professionals would want to get it right.......


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## Smackdaddy53 (Dec 31, 2012)

hipshot said:


> Thank you for that post. I have actually attempted to do the same thing on a couple of other forums, and the moderators would not permit it. It's heartwarming to see that some members here have enough sense to appreciate it. Well done! One thing that I might add, if I may, is that there seems to be a lot of confusion in many situations about the technical requirements for lights. Please direct folks to Annex I for those specifics. More and more often, I see professionals on the water with lights that are not remotely legal. Friday morning in Port Aransas several guides were running out of the marina in bay boats with standup center consoles, and those silly little white lights on the outboard's cowling; one actually had his white 360* light lower than his sidelights. You'd think professionals would want to get it right.......


The sad thing is boat dealers and shops that produce and rig these boats sell them with the lights mounted on top of the cowling. I’ve mentioned it to people when I see their lights like that and get a bunch of back talk.


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## dranrab (Oct 9, 2016)

Without overwhelming anyone with technical specs, the common sense standard is that the 360 degree white light must be visible along its entire 360 degree arc. If you know of a dealer or manufacturer who is routinely selling boats with lights that do not meet the specification, let me know. If they are in my 26 state region I'll give them a call. If not, I'll call one of my peers. 

But to touch on the technical aspect that Hipshot spoke of, this is what Annex I says that's most important to us rec boaters. "...all-round light shall be carried at least 1 meter higher than the sidelights." Rule 21 says this about the all-around light "All-round light means a light showing an unbroken light over an arc of the horizon of 360°." If it's obscure by a console or a person or anything else, it is not "showing" over the 360 degree arc.


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## topnative2 (Feb 22, 2009)

My pet peeve are the nav. side lighst mounted on the center console main body,,,as in someone standing will block the side light...factory install


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## topnative2 (Feb 22, 2009)

Smackdaddy53 said:


> The sad thing is boat dealers and shops that produce and rig these boats sell them with the lights mounted on top of the cowling. I’ve mentioned it to people when I see their lights like that and get a bunch of back talk.


sounds like the local marine units need to do some educative enforcement


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## hipshot (Sep 29, 2018)

dranrab, exactly my point. I can't tell you which dealers are selling boats rigged like that, but I have seen brand new boats on the water like that. When I worked enforcement in a boat I once chased (he wasn't running from me, he just didn't know I was way back there) a brand new bass boat that was running over 70 in the dark on the morning of a big tournament. His combination light was showing red to starboard and green to port. When I finally caught up he didn't understand what the problem was, because that's how the dealer delivered it. But I guarantee if you were to visit a bunch of dealerships along the Texas coast -- and a few inland also -- you'd find new boats rigged like that on the showroom floors and in the rigging bays.


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## TheFrequentFlier (Feb 17, 2016)

I wish they made boaters take etiquette classes (maybe as a requisite to get a fishing license or boat registration renewed), at least here in FL where the density is far higher than many other areas. All it takes is one to ruin it for a bunch of people. Innocent or intentional, I wish there was a way to report serial offenders: jet skiers, pontoon boats, and frat boys who stole dad's boat for a sandbar day come to mind. Just last week I had a nice string of about 20 tarpon swimming right on line to where I was staked out.. then I see the dolphin tour pontoon boat come from my right, cutting off the string. Lady has the nerve to yell to me: "I'm bringing them right to ya" as she proceeds to position her pontoon directly between the line of fish heading my way and my skiff. More ammo that any asshat can get a captains license. Bunch of googans out there - wish there was a good method for reprisal. Plenty of other times I've had weekend warriors literally motor right through strings of fish - completely oblivious to any "rules of the road" or etiquette. It sucks, but guess I have to get used to it. Any of you kind folks have a good way of handling these situations other than the "big shrug" of "what the F are you doing / come on, man"??


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## hipshot (Sep 29, 2018)

I'd love to see a boating license, at least in the urban areas in Texas. But it'd be a very un-PC move that wouldn't stand a chance. The problem is that a lot of people have no idea that there are rules and regulations for operating a vessel. And even if they were to enact mandatory licensing, just take a look at all the licensed idiots on the highway trying to see who can out-stupid who, and you'll begin to comprehend just how (in)effective licensing would be. Some would adhere to the rules, but many would refuse to.

When I worked in a boat the attitude of many judges and prosecutors was, "You don't mess with Texans while they're recreatin'." It probably still is. The first thing the judge told me when I went to Marine Enforcement was, "Pontoon boats can't make a wake, and I don't want to see any chickensh!t tickets." I filed hundreds of tickets in his court (my record was 167 in one day) for mostly safety violations. I never once went to court, and I know that all those violators didn't plead guilty and pay the fines..........


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## DuckNut (Apr 3, 2009)

dranrab said:


> Without overwhelming anyone with technical specs, the common sense standard is that the 360 degree white light must be visible along its entire 360 degree arc. If you know of a dealer or manufacturer who is routinely selling boats with lights that do not meet the specification, let me know. If they are in my 26 state region I'll give them a call. If not, I'll call one of my peers.
> 
> But to touch on the technical aspect that Hipshot spoke of, this is what Annex I says that's most important to us rec boaters. "...all-round light shall be carried at least 1 meter higher than the sidelights." Rule 21 says this about the all-around light "All-round light means a light showing an unbroken light over an arc of the horizon of 360°." If it's obscure by a console or a person or anything else, it is not "showing" over the 360 degree arc.


Take a look at the many builders that use non approved bow lights...that should keep you busy.


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## Backcountry 16 (Mar 15, 2016)

Just because you can afford a 80 k bay boat doesn't mean you can operate one safely. Operate a gladesman around Matlacha talk about having your head on a swivel.


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## DuckNut (Apr 3, 2009)

Backcountry 16 said:


> Just because you can afford a 80 k bay boat doesn't mean you can operate one safely. Operate a gladesman around Matlacha talk about having your head on a swivel.


Is a gladesman really that hard to navigate?


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## flyclimber (May 22, 2016)

DuckNut said:


> Is a gladesman really that hard to navigate?


tippy


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## dranrab (Oct 9, 2016)

topnative2 said:


> My pet peeve are the nav. side lighst mounted on the center console main body,,,as in someone standing will block the side light...factory install


Not only are they more likely to be obscured by a passenger, they cast night vision damaging light into the boat's cockpit. Our eyes are remarkably adaptable. You'd be surprised what you can see even on dark nights. IF you eliminate or dim lights to the fullest extent practical. When I started my CG career our trailer boats had no LORAN (Boat GPS wasn't available then) and no radar. That meant running emergencies at night with none of the sensors that have us so spoiled today. With dedicated light discipline, our eyes will serve us better at night than most people realize.


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## Backcountry 16 (Mar 15, 2016)

DuckNut said:


> Is a gladesman really that hard to navigate?


You ever did 31mph in a canoe?


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## dranrab (Oct 9, 2016)

Backcountry 16 said:


> You ever did 31mph in a canoe?


Does 32 in a River Hawk B-60 count?


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## DuckNut (Apr 3, 2009)

^^LOL


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## Dallas Furman (May 13, 2018)

A boat is likely the only motor vehicle that you can buy and register with no proof that an individual has a clue how to operate it. A copy of Chapman’s Piloting should be a prerequisite of registration. 2016 was the last year that I registered a boat, although I always kept insurance, proof of insurance was not required. 

Dranrab, I applaud you for your post.


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## Smackdaddy53 (Dec 31, 2012)

Dallas Furman said:


> A boat is likely the only motor vehicle that you can buy and register with no proof that an individual has a clue how to operate it. A copy of Chapman’s Piloting should be a prerequisite of registration. 2016 was the last year that I registered a boat, although I always kept insurance, proof of insurance was not required.
> 
> Dranrab, I applaud you for your post.


It’s crazy isn’t it?


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## jay.bush1434 (Dec 27, 2014)

Great post.


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## Vertigo (Jun 3, 2012)

Rule #1. Always assume the other guy will do the stupidest thing possible at the most inopportune time. Take whatever action is necessary to make it impossible for him to ruin your day.


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## Monty (Jan 10, 2018)

And its a Coast Guard regulation to slow down to NO wake speed for boat ramps or fueling depots. Most people drive their boats like they do their cars, slow down is not even thought of. Jerks.


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## dranrab (Oct 9, 2016)

Monty said:


> And its a Coast Guard regulation to slow down to NO wake speed for boat ramps or fueling depots. Most people drive their boats like they do their cars, slow down is not even thought of. Jerks.


To the best of my knowledge there are no federal no wake zones. If the Coast Guard is going to issue a notice of violation in that circumstance it would have to be under the more generic negligent operations law.


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## dranrab (Oct 9, 2016)

"Many collisions occur at blind bends or other places where the operator’s sight line is diminished. We MUST assume there is another boat on the other side of that bend in the river, that peninsula or point in the lake or on the other side of that visual obstruction and we MUST adjust our speed accordingly. The other boat may even be approaching at a high rate of speed."

https://www.khou.com/article/news/l...lled/285-cd723652-f0f6-4db5-b567-4fc87d29001a

It's utterly senseless loss of life.


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## not2shabby (Sep 14, 2016)

Excellent post @dranrab . We all need the reminder, once in a while. Thank you for sharing! It's easy to point a finger at other operators on the water, but it's best to just slow down in many circumstances and keep everyone safe. 

I've had some interesting close calls in the Laguna Madre where there are some narrow running lanes in relatively shallow water. Some drafty boats with impatient operators get into situations where they can't slow down or risk coming off-plane because they'll get stuck. I had two bay boats pass from behind on my starboard side running between two spoil islands. They were a few feet off my rub rail doing 40 because they couldn't slow down in that area. Terribly dangerous for everyone and not worth the 30-seconds it would have taken them to wait in the channel before running up my stern between the spoil islands.


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## ReelFisher (Mar 14, 2017)

dranrab said:


> Not only are they more likely to be obscured by a passenger, they cast night vision damaging light into the boat's cockpit. Our eyes are remarkably adaptable. You'd be surprised what you can see even on dark nights. IF you eliminate or dim lights to the fullest extent practical. When I started my CG career our trailer boats had no LORAN (Boat GPS wasn't available then) and no radar. That meant running emergencies at night with none of the sensors that have us so spoiled today. With dedicated light discipline, our eyes will serve us better at night than most people realize.


Beavertail rigs almost every model they make this way and it always annoyed me when we ran my buddies Mosquito at night. A bigger person sitting in the jump seat can easily block both nav lights behind them.


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## hipshot (Sep 29, 2018)

dranrab said:


> "Many collisions occur at blind bends or other places where the operator’s sight line is diminished. We MUST assume there is another boat on the other side of that bend in the river, that peninsula or point in the lake or on the other side of that visual obstruction and we MUST adjust our speed accordingly. The other boat may even be approaching at a high rate of speed."
> 
> https://www.khou.com/article/news/l...lled/285-cd723652-f0f6-4db5-b567-4fc87d29001a
> 
> It's utterly senseless loss of life.



I have seen countless hero videos of guys running at high speed -- mostly bass boats, but also in bay and flats boats -- in narrow, winding waterways with no or next to no visibility ahead. Scary. In one that ended in a headon collision with both boats overturned the forum members -- mostly bass anglers -- were arguing that the bass boat (which was running on plane in a narrow canal with the grass hitting both sides of the boat) was not at fault. If that had been my case, both operators would have gotten jail time. 

Go to a recreational lake on a very foggy day. You'll hear boats everywhere running on plane, even on the pad, and never a horn blast anywhere. Almost none of them at headway speed, and almost none of them with their lights on. A well-known professional angler once told me, when I was admonishing him about running his bass rig on plane in a dense fog, "I know exactly how long it takes me to get to the bridge at 4500 RPM; I don't need to idle." 

Knowing that so many people are just like him makes me cringe at the thought of being on the water in a fog or a heavy rain. Mandatory education won't stop stupidity. But at least a lot of clueless boaters might learn that there are legal requirements for operating a vessel.


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## CKEAT (Aug 26, 2015)

Smackdaddy53 said:


> This should be a sticky at the top of the page or have a place where it can and will be seen by anyone that opens this forum...
> Thanks for posting!


NO DOUBT ABOUT IT!


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## GaG8tor (Jul 8, 2019)

This is a great post and topic.


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## Steve_Mevers (Feb 8, 2013)

tgjohnso said:


> I wish they made boaters take etiquette classes (maybe as a requisite to get a fishing license or boat registration renewed), at least here in FL where the density is far higher than many other areas. All it takes is one to ruin it for a bunch of people. Innocent or intentional, I wish there was a way to report serial offenders: jet skiers, pontoon boats, and frat boys who stole dad's boat for a sandbar day come to mind. Just last week I had a nice string of about 20 tarpon swimming right on line to where I was staked out.. then I see the dolphin tour pontoon boat come from my right, cutting off the string. Lady has the nerve to yell to me: "I'm bringing them right to ya" as she proceeds to position her pontoon directly between the line of fish heading my way and my skiff. More ammo that any asshat can get a captains license. Bunch of googans out there - wish there was a good method for reprisal. Plenty of other times I've had weekend warriors literally motor right through strings of fish - completely oblivious to any "rules of the road" or etiquette. It sucks, but guess I have to get used to it. Any of you kind folks have a good way of handling these situations other than the "big shrug" of "what the F are you doing / come on, man"??


User conflicts, some users of our waters are sight seeing, shelling, partying, and others are fishing. Most of the time the other users have no idea that they are messing up your string of fish. Now, the guy in the tower boat running the shoreline looking for fish for tomorrows charter or tournament, that is the one that needs to learn some etiquette.


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## Monty (Jan 10, 2018)

dranrab said:


> To the best of my knowledge there are no federal no wake zones. If the Coast Guard is going to issue a notice of violation in that circumstance it would have to be under the more generic negligent operations law.


Ok federal water wake zones would be 12 miles off shore. But in Florida (and all states have this same type regulation):
*The 2019 Florida Statutes







*
* Title XXIV*
VESSELS * Chapter 327 *
VESSEL SAFETY *View Entire Chapter*
327.46 Boating-restricted areas.—
(1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned submerged lands.
(a) The commission may establish boating-restricted areas by rule pursuant to chapter 120.
(b) Municipalities and counties have the authority to establish the following boating-restricted areas by ordinance:
1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:
a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width.
b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width.
c. Inside or within 300 feet of any lock structure.
2. An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is:
a. Within 300 feet of any bridge fender system.
b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet.
c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline.
d. On a lake or pond of less than 10 acres in total surface area.
3. An ordinance establishing a vessel-exclusion zone if the area is:
a. Designated as a public bathing beach or swim area.
b. Within 300 feet of a dam, spillway, or flood control structure.
(c) Municipalities and counties have the authority to establish by ordinance the following other boating-restricted areas:
1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is:
a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
b. Subject to unsafe levels of vessel traffic congestion.
c. Subject to hazardous water levels or currents, or containing other navigational hazards.
d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety.
3. An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:
a. As a canoe trail or otherwise limited to vessels under oars or under sail.
b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.


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## Steve_Mevers (Feb 8, 2013)

If you are involved in a recreational boating accident in Florida waters, it will be investigated by either the FWC or a local city or county law enforcement agency. A lot of boaters have very little to no understanding of Nav Rules and how they apply to vessel operation. When an accident occurs, the investigator will find fault by determining which violations of the Nav rules were the main factor in the causation of the accident. During my years in which I was involved in boating accident investigations, there were a few common beliefs expressed by motor boat operators that were wrong. Myth: If you are traveling in a channel you have the right of way over all motor vessels crossing the channel. First of all, nobody has the “Right of Way”, they are either the stand on or giveway vessel, big difference than having the Right of Way. Nobody has the right to maintain a course that results in an accident. Simplified, it does not matter if you are in a channel or not, you must giveaway to vessels approaching from your right, UNLESS your vessels draft is such that if you were to slow your speed to allow a vessel to pass in front of you it will cause you to run aground. Vessels restricted in their ability to maneuver in narrow channels due to draft is much more common with large commercial vessels than recreational vessels. Most recreational vessels can come off plane in the channel and allow a vessel to pass in front of them without running aground, if so you must giveaway to a vessel approaching from your right. Myth: If you are the overtaken vessel you must maintain a straight course while being overtaken. “Maintain course and speed” does not mean you must go straight. If you are running a route on your GPS or following a curving channel or if your course was to turn left into a channel going into a marina, that is your course. The overtaking vessel must not assume that your course is a straight heading. I cannot think of a case we investigated involving an overtaking accident where the operator of the overtaking vessel was not found at fault. Yes, the operator of the vessel being overtaken must maintain a 360 degree lookout at all times, and must do everything to avoid a collision, but the burden is on the overtaking vessel to stay well clear until there is no risk of collision. In addition, the most common contributing factor in boating accidents is Unsafe speed, if the vessel had been going slower the accident could have been avoided. Good information above for the original poster.


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## dranrab (Oct 9, 2016)

Steve_Mevers said:


> Vessels restricted in their ability to maneuver in narrow channels due to draft Myth: If you are the overtaken vessel you must maintain a straight course while being overtaken. “Maintain course and speed” does not mean you must go straight. If you are running a route on your GPS or following a curving channel or if your course was to turn left into a channel going into a marina, that is your course. The overtaking vessel must not assume that your course is a straight heading. I cannot think of a case we investigated involving an overtaking accident where the operator of the overtaking vessel was not found at fault.


A few minor points and a major one. A vessel cannot be restricted in its ability maneuver on because of its draft. A vessel can only be restricted in its ability to maneuver on account of its work. Rule 3g.

When the Coast Guard investigates an accident it does not find fault. It gathers facts. With those facts the courts will decide how fault will be apportioned. It is extraordinarily rare that fault is apportioned 100% to any one vessel. 

Big one here. The stand on vessel's duty to maintain course and speed means just that. That means the course they were on when the passing arrangements were made or when they recognized an overtaking situation. Obviously if the vessels are following a winding bayou the stand on vessel will not be required to hold course if that would cause them to go aground. 

A friend of friend was running down a straight bayou a few months back. Without looking over his shoulder he cut hard left to enter a bayou. He was being overtaken by another boat. That boat hit his. How many of the navigation rules did the stand on vessel violate? 

You mentioned "at fault" several times. Did your agency designate one vessel at fault and another not at fault in collisions? 

Interestingly enough I am about 30 minutes away from giving a continuing education presentation to the Federal Bar here in New Orleans. The topic of discussion is Coast Guard Investigations Into Recreational Boating Accidents. I had lunch with one of the attorneys last week. He joked that an island will normally be apportioned a percentage of the blame in a collision. 

As a bit of an aside the Coast Guard has MOAs with all of the states. Generally those MOAs say the State will handle accidents on sole state waters. The State will handle recreational accidents on waters of joint jurisdiction. The CG may investigate recreational accidents on waters of joint jurisdiction. The CG will investigate accidents when there is a commercial nexus. The CG will investigate accidents on federal waters.The MOAs allow for cooperative investigative ventures in all cases.


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## Steve_Mevers (Feb 8, 2013)

dranrab said:


> A few minor points and a major one. A vessel cannot be restricted in its ability maneuver on because of its draft. A vessel can only be restricted in its ability to maneuver on account of its work. Rule 3g.
> 
> When the Coast Guard investigates an accident it does not find fault. It gathers facts. With those facts the courts will decide how fault will be apportioned. It is extraordinarily rare that fault is apportioned 100% to any one vessel.
> 
> ...


Wow, I will attempt to address your concerns. I have worked many accident investigations with the USCG and NTSB and understand that each agency approaches and conducts their investigations in a different manner. 

Briefly yes, my agency documented all the nav rules violated in the body of the report by both operators, and in the conclusion whenever possible we documented the primary cause of the accident, the level fault of both operators and filed charges and/or submitted for arrest warrants. 

You mentioned in your first post that vessels traveling in a channel may not be able to do so safely outside the channel and if so other vessels should give way. The only reason why a recreational vessel could not operate outside the channel safely is because of the draft of their vessel, and that was what I was attempting to address when I mentioned draft in my response. The point is most recreational vessels operating in a channel can safely come off plane or even to a complete stop to allow a vessel approaching from the right to pass in front of them. Many boaters falsely believe that if they are in the channel they do not have to give way to a crossing vessel and I wanted to just clarify that is not the case. 

In an overtaking situation with recreational vessels, rarely is there an “arrangement made” in advance by marine radio or other means. Of course, if you realize a vessel is overtaking a prudent operator would not turn into the path of the overtaking vessel. Nav rules require an operator to maintain a 360 degree lookout, but that doesn’t mean your head is on a swivel. If you are operating a vessel alone, you cannot be looking in all directions at one time. The point I was making is that “maintaining course” does not mean you have to go in a straight line, and in a lot of instances it would be impossible to do so. Simply put, if you are the overtaking vessel you need to stay clear of the overtaken vessel, if it is not safe to pass, then don’t. Maritime Attorney Alan Richard who is recognized as an expert in Navigational Rules taught nav rules during our boating accident investigations classes and provided this opinion to our officer when addressing overtaking situations. 

I am fully aware of the MOA’s with the USCG, in my 30 years conducting and supervising boating accidents investigations I am unaware of anytime that the USCG investigated a single recreational boating accident unless their was commercial nexus. When there was a commercial vs recreational vessel accident involving serious bodily injury or death we normally conducted joint investigations. The state of Florida averages over 600 recreational boating accidents a year which are investigate by state and local officers. 

Time to go fishing, this feels to to much like work...lol


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## Steve_Mevers (Feb 8, 2013)

Vertigo said:


> Rule #1. Always assume the other guy will do the stupidest thing possible at the most inopportune time. Take whatever action is necessary to make it impossible for him to ruin your day.


Very true statement! Like I always tell people, gross tonnage wins every time.


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## dranrab (Oct 9, 2016)

Steve_Mevers said:


> Wow, I will attempt to address your concerns. I have worked many accident investigations with the USCG and NTSB and understand that each agency approaches and conducts their investigations in a different manner.
> 
> Briefly yes, my agency documented all the nav rules violated in the body of the report by both operators, and in the conclusion whenever possible we documented the primary cause of the accident, the level fault of both operators and filed charges and/or submitted for arrest warrants.
> 
> ...


Another very good post. I thought your first one was as well with the few nitpicks. I think I get what you are saying about the overtaking situation now. Did Florida designate a party "at fault" in marine collisions? 

The Coast Guard doesn't, and I like that. When marine accidents are investigated there are most often multiple rules that both parties violated. One of the things I like to impress upon boaters during my educational efforts is that in a marine collision fault will almost always be apportioned. Even 10% (and it's rare that it's that low) of the responsibility for a human life is going to be a big financial hit. 

I get to spend the day on my tractor. Y'all have a good 'un.


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## Steve_Mevers (Feb 8, 2013)

dranrab said:


> Another very good post. I thought your first one was as well with the few nitpicks. I think I get what you are saying about the overtaking situation now. Did Florida designate a party "at fault" in marine collisions?
> 
> The Coast Guard doesn't, and I like that. When marine accidents are investigated there are most often multiple rules that both parties violated. One of the things I like to impress upon boaters during my educational efforts is that in a marine collision fault will almost always be apportioned. Even 10% (and it's rare that it's that low) of the responsibility for a human life is going to be a big financial hit.
> 
> I get to spend the day on my tractor. Y'all have a good 'un.


I taught BA Investigations classes to a couple thousand state and federal officers from from all over the country and even some from other countries, and the one thing I learned was that everyone has a different way of doing things. The difference between USCG and State investigations is that we are focused on the criminal liability of each operator not the financial liability, we let the Morgan and Morgans of the world figure that out. Have a good day.


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## topnative2 (Feb 22, 2009)

Everyone forgets that sound signals are required in many situations ie. passing another vessel but are seldom used, if ever.

Every operator is responsible for the safe operation of their vessel which means if you are unsure what is happening you should reduce speed and take whatever safe action is required to avoid collision.....regardless of the "right away" issue.

Also, both operators can be cited in an accident.


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## Monty (Jan 10, 2018)

Wow -- we have some very qualified members on this site. Thanks for your info. Safe boating -- staying alive...and keeping our passengers alive, I hope all of us make that our priority.


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## topnative2 (Feb 22, 2009)

And, those damn stern lights on the outboard cowling are not legal


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## MatthewAbbott (Feb 25, 2017)

topnative2 said:


> And, those damn stern lights on the outboard cowling are not legal


Really?


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## topnative2 (Feb 22, 2009)

REALLY!

1 meter(39.4") above


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## MatthewAbbott (Feb 25, 2017)

I guess about 3/4 of the boats I see running around the bay aren’t in compliance. Someone should let these manufacturers know to stop putting the lights on top the motors....


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## topnative2 (Feb 22, 2009)

MatthewAbbott said:


> I guess about 3/4 of the boats I see running around the bay aren’t in compliance. Someone should let these manufacturers know to stop putting the lights on top the motors....


I am assuming no masthead light >>>>>>

—INTERNATIONAL— ANNEX I—Continued (d) A power-driven vessel of less than 12 meters in length may carry the uppermost light at a height of less than 2.5 meters above the gunwale. When, however, a masthead light is carried in addition to sidelights and a sternlight or the all-round light prescribed in rule 23(c)(i) is carried in addition to sidelights, then such masthead light or allround light shall be carried at least 1 meter higher than the sidelights.


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## topnative2 (Feb 22, 2009)

Most of those installs are not dealer installs........assuming again no masthead light diaplayed


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## MatthewAbbott (Feb 25, 2017)

topnative2 said:


> Most of those installs are not dealer installs........assuming again no masthead light diaplayed


Every boat I see with 360 lights on the cowling came from the dealer/builder like that. 

Hell the 360 on my poling platform isn’t 1 meter higher than the side markers and it damn sure wasn’t changed.


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## topnative2 (Feb 22, 2009)

MatthewAbbott said:


> Every boat I see with 360 lights on the cowling came from the dealer/builder like that.
> 
> Hell the 360 on my poling platform isn’t 1 meter higher than the side markers and it damn sure wasn’t changed.


in real life, usually is measured from the topsides.........


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## MatthewAbbott (Feb 25, 2017)

Meh. I’ll run it till I’m ticketed.


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## topnative2 (Feb 22, 2009)

enforcement by the USCG would get that corrected at the builders level and by FWC at the owners level

never mind all these gheenoes,carolina skiffs etc under 22"(?)...being overpowered


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## topnative2 (Feb 22, 2009)

MatthewAbbott said:


> Meh. I’ll run it till I’m ticketed.


no bitching when u get caught


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## topnative2 (Feb 22, 2009)

extra bulbs,fuses and/or cylume light sticks(red,green,white) will help safety wise and ticket wise since they always seem to go out on the way back to the dock


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## MatthewAbbott (Feb 25, 2017)

topnative2 said:


> no bitching when u get caught


Never do. I’m a grown ass man who makes grown ass man decisions


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## MatthewAbbott (Feb 25, 2017)

topnative2 said:


> extra bulbs,fuses and/or cylume light sticks(red,green,white) will help safety wise and ticket wise since they always seem to go out on the way back to the dock


Lol. Mines actually out now. Forgot to tighten the collar back up when I flipped it down. Needless to say the bouncing around it did on the ride home trashed the connections and bulb. I’ll be ordering a new one soon.


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## topnative2 (Feb 22, 2009)

MatthewAbbott said:


> Never do. I’m a grown ass man who makes grown ass man decisions


"that be funny"  but not safety conscience


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## dranrab (Oct 9, 2016)

topnative2 said:


> And, those damn stern lights on the outboard cowling are not legal


Back when I was in law enforcement, I used a common sense test for all around white lights. If they were visible for 360 degrees and above the side lights, I was good with it. I don't think I ever encountered an outboard mounted light that was visible for 360 degrees. Consoles and passengers most often block them from forward angles.


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## dranrab (Oct 9, 2016)

MatthewAbbott said:


> Meh. I’ll run it till I’m ticketed.


Let me offer a bit of friendly information. If your all around white light isn't visible for 360 degrees, please don't think of it simply in terms of a ticket. If you are ever involved in an accident it will expose you to some degree of liability. I mentioned this earlier. When boating accidents are litigated, dispense with the notion of at fault and not at fault. Fault is almost always apportioned. If the failure to display a white light over a 360 degree arc of visibility nets you 10% of the fault, you need to think of it in terms of 10% of the value of a human life.


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## MatthewAbbott (Feb 25, 2017)

dranrab said:


> Let me offer a bit of friendly information. If your all around white light isn't visible for 360 degrees, please don't think of it simply in terms of a ticket. If you are ever involved in an accident it will expose you to some degree of liability. I mentioned this earlier. When boating accidents are litigated, dispense with the notion of at fault and not at fault. Fault is almost always apportioned. If the failure to display a white light over a 360 degree arc of visibility nets you 10% of the fault, you need to think of it in terms of 10% of the value of a human life.


That was in response to my 360 not being 1 meter above my side markers. Not that it isn’t visible for 360*.


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## Stickbow (Aug 31, 2016)

It's been a while since anyone posted on this - but if one of you could provide a similar set of rules for dealing with the other common issue small powerboats in shallow water run into, it would be helpful. I'm thinking specifically human-powered vessels (SUP, Kayak, etc.). That's where I see people totally not getting it, and where the "tonnage" comment doesn't apply 

Re "licenses" - Florida and Georgia both have a boater safety requirement that grandfathered most of us over 30 or so. At some point, if the law is enforced, people will have at least been exposed to the basics. (Yeah, that's a pipe dream, but it's a start).


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## crboggs (Mar 30, 2015)

Stickbow said:


> I'm thinking specifically human-powered vessels (SUP, Kayak, etc.). That's where I see people totally not getting it, and where the "tonnage" comment doesn't apply


I think the "doesn't apply" mentality is part of the problem.

I have owned and fished kayaks, SUPs, and a canoe in addition to my skiff. 

Size and power still matters between small skiffs and paddle craft.

I'm responsible for my wake when I'm on the skiff. But I'm also responsible for not paddling into traffic or playing in the middle of a channel when in my canoe.


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## K3anderson (Jan 23, 2013)

Stickbow said:


> I'm thinking specifically human-powered vessels (SUP, Kayak, etc.). That's where I see people totally not getting it, and where the "tonnage" comment doesn't apply  .


*In Florida it is illegal:*

To operate any vessel in such a way that it will interfere unnecessarily with the safe navigation of other vessels on the waterway.
Anchor a vessel in the traveled portion of a river or channel that will prevent or interfere with any other vessel passing through the same area.


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## Stickbow (Aug 31, 2016)

crboggs said:


> I think the "doesn't apply" mentality is part of the problem.
> I have owned and fished kayaks, SUPs, and a canoe in addition to my skiff.
> Size and power still matters between small skiffs and paddle craft.
> I'm responsible for my wake when I'm on the skiff. But I'm also responsible for not paddling into traffic or playing in the middle of a channel when in my canoe.


I'm an old fart. I took the CG power squadron course 20 + years ago, and remember there are (or at least were) specific regulations pertaining to overtaking craft not under power (sailboats and human powered). I was hoping someone could quote those specific regulations, since majority of the incidents I/we hear about inshore are usually between two small boats or between a small boat and a human powered one.


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## dranrab (Oct 9, 2016)

Stickbow said:


> It's been a while since anyone posted on this - but if one of you could provide a similar set of rules for dealing with the other common issue small powerboats in shallow water run into, it would be helpful. I'm thinking specifically human-powered vessels (SUP, Kayak, etc.). That's where I see people totally not getting it, and where the "tonnage" comment doesn't apply
> 
> Re "licenses" - Florida and Georgia both have a boater safety requirement that grandfathered most of us over 30 or so. At some point, if the law is enforced, people will have at least been exposed to the basics. (Yeah, that's a pipe dream, but it's a start).





Stickbow said:


> I'm an old fart. I took the CG power squadron course 20 + years ago, and remember there are (or at least were) specific regulations pertaining to overtaking craft not under power (sailboats and human powered). I was hoping someone could quote those specific regulations, since majority of the incidents I/we hear about inshore are usually between two small boats or between a small boat and a human powered one.



I am not 100% certain that I understand your question. I'll take a stab at what I think you are asking. If I miss the mark, reel me in. 

In overtaking situations, the vessel (no matter what type of vessel) is the stand on vessel. In fact a vessel being overtaken is the most privileged vessel on the water. 

There are two other navigational situations. Head on and crossing. Vessels under oars (human powered vessels) are not mentioned at all in the navigation rules in head on and crossing situations. As a motor boater I treat them just as I would a power driven vessel in the same set of circumstances.


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## yobata (Jul 14, 2015)

I get all my navigation rules from this guy


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## hipshot (Sep 29, 2018)

Simply Google “Rules of Navigation” and read them for yourself.


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## dranrab (Oct 9, 2016)

hipshot said:


> Simply Google “Rules of Navigation” and read them for yourself.


https://www.navcen.uscg.gov/pdf/navRules/navrules.pdf


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## Stickbow (Aug 31, 2016)

dranrab said:


> I am not 100% certain that I understand your question. I'll take a stab at what I think you are asking. If I miss the mark, reel me in.
> 
> In overtaking situations, the vessel (no matter what type of vessel) is the stand on vessel. In fact a vessel being overtaken is the most privileged vessel on the water.
> 
> There are two other navigational situations. Head on and crossing. Vessels under oars (human powered vessels) are not mentioned at all in the navigation rules in head on and crossing situations. As a motor boater I treat them just as I would a power driven vessel in the same set of circumstances.


You actually just made the point I was hoping you or someone would - that the same rules apply as with a boat under power. I've seen a lot of people behave radically differently with a canoe/kayak/paddleboard (or sailboat!) than with another power boat. Thanks.


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## Monty (Jan 10, 2018)

yobata said:


> I get all my navigation rules from this guy


That little kid is who you get your info from? OK he looks pretty smart.


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## yobata (Jul 14, 2015)

Monty said:


> That little kid is who you get your info from? OK he looks pretty smart.


That little kid is Joey Lawrence


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## Guest (Feb 3, 2020)

topnative2 said:


> My pet peeve are the nav. side lighst mounted on the center console main body,,,as in someone standing will block the side light...factory install


I guess those lights are easier to install. Less wiring, closer to power sources, switches, fuses, etc.


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## georgiadrifter (Jan 14, 2009)

So this is probably more of an etiquette question as opposed to a navigational question.

I had this happen to me last week and want to know the proper course of action.

A skiff is approaching you in a relatively narrow canal (60-foot wide and 5-feet depth). The skiff is on plane, to your left and running maybe 25-30 mph. You are on the right, on plane....running 25-30mph. On the current course there will be maybe 15-feet clearance between the two Skiffs.

So....should both Skiffs come off plane and pass each other at a slower speed....or should both Skiffs continue at their current speeds, remaining on plane?


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## MatthewAbbott (Feb 25, 2017)

georgiadrifter said:


> So this is probably more of an etiquette question as opposed to a navigational question.
> 
> I had this happen to me last week and want to know the proper course of action.
> 
> ...


Bump out to max out the distance between the two and quarter his wake like normal. In a 60’ wide channel you should have more clearance than 15’.

PS: If they noticeably come off plane I would too.


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## topnative2 (Feb 22, 2009)

What MA stated otherwise slow down ....Rules 9 and 14......then whatever else applies ......slow down

https://www.navcen.uscg.gov/pdf/navRules/navrules.pdf


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## hipshot (Sep 29, 2018)

Also be advised that some locales have local regulations mandating headway speed within specified distance of other vessels and/or manmade structures.


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## Monty (Jan 10, 2018)

georgiadrifter said:


> So this is probably more of an etiquette question as opposed to a navigational question.
> 
> I had this happen to me last week and want to know the proper course of action.
> 
> ...


Wow its like some guys or ladies, think of boats as cars. They're comfortable running by someone with 10 ft. to spare. In a car a lot of people NEVER think to slow down or pump the brakes when they see a group of children playing by the road with their dog. No FW, I'm in my car, speed limit is 45 I'm doing that and in my "right." Coming off plane says to the other boater -- I want to be courteous and not jeopardize anyone's safety. My buddy with the 38 fter, always slows down for all boats and is mindful of his wake. Sometimes we're like "stay on it" that Ahole in the 16 ft. trihull with kids on board is not coming off plane or moving over. But he always takes the courteous route -- I've learned that from him.


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## georgiadrifter (Jan 14, 2009)

Monty said:


> Wow its like some guys or ladies, think of boats as cars. They're comfortable running by someone with 10 ft. to spare. In a car a lot of people NEVER think to slow down or pump the brakes when they see a group of children playing by the road with their dog. No FW, I'm in my car, speed limit is 45 I'm doing that and in my "right." Coming off plane says to the other boater -- I want to be courteous and not jeopardize anyone's safety. My buddy with the 38 fter, always slows down for all boats and is mindful of his wake. Sometimes we're like "stay on it" that Ahole in the 16 ft. trihull with kids on board is not coming off plane or moving over. But he always takes the courteous route -- I've learned that from him.


This was my line of thought.


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## BKG4211 (Oct 19, 2013)

Thanks for the reminder. Familiar with the rules of marine navigation and I can only hope more people become familiar. I get so annoyed and cantankerous over the many boneheaded things I see and experience on the water that my friends gave me the nickname “Capt Nasty”.

One of the interesting things IMO is where the rules contradict. As an example: a boat in a channel with a boat on a crossing course from your right who is outside the channel. I think it is these situations where things get squirrely because people forget that it is BOTH parties responsibility to avoid the collision. My number #1 rule is: Always assume that it is *my* responsibility to avoid any collision. If I cannot leave a channel, I will pull to the side of the channel and stop moving before I will assume someone crossing the channel is going to yield to me. Put two boaters in such a situation who both are convinced they have right of way and are not responsible to yield r.o.w. and you get some scary situations. Just my $0.02.


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## topnative2 (Feb 22, 2009)

BKG4211 said:


> Thanks for the reminder. Familiar with the rules of marine navigation and I can only hope more people become familiar. I get so annoyed and cantankerous over the many boneheaded things I see and experience on the water that my friends gave me the nickname “Capt Nasty”.
> 
> One of the interesting things IMO is where the rules contradict. As an example: a boat in a channel with a boat on a crossing course from your right who is outside the channel. I think it is these situations where things get squirrely because people forget that it is BOTH parties responsibility to avoid the collision. My number #1 rule is: Always assume that it is *my* responsibility to avoid any collision. If I cannot leave a channel, I will pull to the side of the channel and stop moving before I will assume someone crossing the channel is going to yield to me. Put two boaters in such a situation who both are convinced they have right of way and are not responsible to yield r.o.w. and you get some scary situation



Many things come into play.....a boat crossing from the rt. has the ROW even if coming from outside the channel UNLESS that boat puts the other in danger ...many issues come into play>grounding, boat control,traffic>>>all else fails slow down and access and any other action taken must be clear and distinct[/QUOTE]

PS>this is assuming there is no traffic lanes set up like in some big harbors


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## Moore Lyon and Quick (Aug 26, 2015)

dranrab said:


> https://www.navcen.uscg.gov/pdf/navRules/navrules.pdf


I always paid attention to rule 2B which basically states that you don't have the right of way through another vessel - sort of a catch 22 rule:


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## dranrab (Oct 9, 2016)

Moore Lyon and Quick said:


> I always paid attention to rule 2B which basically states that you don't have the right of way through another vessel - sort of a catch 22 rule:
> 
> View attachment 122826


AKA The Rule of Good Seamanship!


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## Monty (Jan 10, 2018)

dranrab said:


> In my job I occasionally pen boating safety related material. Here is one of the articles I have written and have been sharing on social media.
> 
> Navigation Rules 101
> 
> ...


Hey. I have enjoyed your topic and other's comments so much that I plan to write on it in our local paper. So many people buy a boat, pay for the registration and then know just about nothing of Coast Guard/state regulations that are all about safe operation of a vessel. Oh, did I say "Many people?" change that to nearly all of them. I'll do a 3-4 part series. Looking forward to it.


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## dranrab (Oct 9, 2016)

Monty said:


> Hey. I have enjoyed your topic and other's comments so much that I plan to write on it in our local paper. So many people buy a boat, pay for the registration and then know just about nothing of Coast Guard/state regulations that are all about safe operation of a vessel. Oh, did I say "Many people?" change that to nearly all of them. I'll do a 3-4 part series. Looking forward to it.


It was good talking to you today Monty, and I look forward to working with you. This would be a good time to thank the moderator team for keeping this a sticky. Thanks all!


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## DBStoots (Jul 9, 2011)

Monty said:


> Hey. I have enjoyed your topic and other's comments so much that I plan to write on it in our local paper. So many people buy a boat, pay for the registration and then know just about nothing of Coast Guard/state regulations that are all about safe operation of a vessel. Oh, did I say "Many people?" change that to nearly all of them. I'll do a 3-4 part series. Looking forward to it.


Make sure you share a link---would love to read it!


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## Hunter Smith (Feb 23, 2016)

Here in Florida, ALL boaters of all ages are now required to have a boaters safety license. While I think this is great, many people are unaware of this rule change. I personally have been stopped by marine patrol many times, and never once have they asked for my boaters safety card. While this new rule may teach some of the things listed above, it is not very strictly enforced.
I also would like to mention that I have my USCG masters license, as well as my boaters safety card. The course I had to take to get my safety card covered a very small percentage of what what covered in a Coast Guard class.
Point is, I really appreciate this article (as it is highly beneficial for many of us) and it is unfortunate that people take boating safety so lightly.


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## dranrab (Oct 9, 2016)

Hunter Smith said:


> Here in Florida, ALL boaters of all ages are now required to have a boaters safety license. While I think this is great, many people are unaware of this rule change. I personally have been stopped by marine patrol many times, and never once have they asked for my boaters safety card. While this new rule may teach some of the things listed above, it is not very strictly enforced.
> I also would like to mention that I have my USCG masters license, as well as my boaters safety card. The course I had to take to get my safety card covered a very small percentage of what what covered in a Coast Guard class.
> Point is, I really appreciate this article (as it is highly beneficial for many of us) and it is unfortunate that people take boating safety so lightly.


Thanks for the kind words Hunter. My 16 year old grandson loves bass fishing. He's not operating a boat independently yet, but I want him to be ready when the time comes. I had him for a full week last week and ran him through an online course. It's the same one I took a few years back just to get a feel for it. I think it's a pretty good start, but when I measured it against what I observe on the water and what the data tells us we should focus on, I see gaps. I spend a good bit of my educational effort on plugging those gaps. 

I am working on another article right now. When you think about boating safety material, the overwhelming majority of it targets the captain/operator. About half of the fatalities in recreational boating involve passengers. In those accidents there were measures the passengers could have taken that would have made a meaningful difference in the outcome. So I have written an article on how to be a prepared passenger. I'll float it past this group before I launch it more broadly. I'll appreciate the feedback from our learned members.


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## mro (Jan 24, 2018)

dranrab said:


> overwhelming majority of it targets the captain/operator. About half of the fatalities in recreational boating involve passengers.


I'm not a fan of government but due to the large number of "boaters" mandatory safety classes seem prudent to me.
Due to the nature of boating/sailing we have "Captains".
It's their responsibility to insure the safety of all aboard. I'll return to the dock if I've got an idiot who won't adhere to what I deem common sense behavior. 
Too many so called adults and alcohol become dangerous.
I like a drink now and then but there very few and far between when I'm boating for me and anyone on my boat.


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## hipshot (Sep 29, 2018)

While I agree that passengers could — and should — be better informed, ultimately the (captain / operator / owner / whatever the case may be) is responsible for the safety of the vessel and its passengers. It’s up to that person to make sure that everyone has what they need to be safe. One thing I did when I was guiding and had people I didn’t know aboard, is make sure that someone was able to operate the boat if something happened to me. A friend who was also a guide was accidentally knocked unconscious by a client. Fortunately, the client knew how to operate her boat. You never know.........


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## topnative2 (Feb 22, 2009)

Just a thought...........How many folks have asked their passengers if they can swim and how well????.........I now keep a couple inflatables available so no one is embarrassed .


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## Monty (Jan 10, 2018)

In Florida, the Boater's Safety Course is required for anyone of any age who supervises someone who is not of age. That was a confusing sentence. To clarify, if someone was born before 1988 that person is not required to take a Boater's Safety Course. But if old gramps let's underage grandson drive the boat, Gramps must have a card. 
Here are the regs:

Anyone born on or after January 1, 1988 who operates a vessel powered by 10 horsepower or more must pass an approved boater safety course and have in his/her possession photographic identification and a boating safety education identification card issued by the Florida Fish and Wildlife Conservation Commission.
The following operators are exempt:
A person licensed by the U.S. Coast Guard as a master of a vessel.
A person operating on a private lake or pond.
An operator who is accompanied onboard by a person who is least 18 years old and possesses the required Boating Safety Education Identification Card, provided that person is attendant to and responsible for the safe operation of the vessel.
An operator who is accompanied onboard by a person who is exempt from the educational requirements, provided that person is attendant to and responsible for the safe operation of the vessel.
A non-resident who has in his or her possession proof that he or she has completed a NASBLA-approved boater safety course or equivalency examination from another state.
A person who is operating a vessel within 90 days after the purchase of that vessel, provided they have available for inspection aboard that vessel, a bill of sale meeting all the requirements as established in Chapter 328.46(1), Florida Statutes.
A person operating a vessel within 90 days after completing an approved boating safety course, as required in Chapter 327.395(1), and has a photographic I.D. and a boater education course completion certificate showing proof of having completed the required boating safety education course. The course completion certificate must provide the student's first and last name, date of birth, and the date the course was successfully completed. (Effective Oct. 1, 2011.)


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## topnative2 (Feb 22, 2009)

Book is wrong.........If Grand pa was born before 1988 he is not required to have the card and just needs to be present to supervise an operator that is required to have a card

http://www.leg.state.fl.us/statutes...ng=&URL=0300-0399/0327/Sections/0327.395.html


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## Monty (Jan 10, 2018)

I appreciate that and I'll check further, but reading the regulations state (the word AND is key to me, but who I am anyways):

The following operators are exempt: 
An operator who is accompanied onboard by a person who is least 18 years old and possesses the required Boating Safety Education Identification Card, provided that person is attendant to and responsible for the safe operation of the vessel.


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## LowHydrogen (Dec 31, 2015)

I think this is what @topnative2 was referencing. 
The following operators are exempt:
"An operator who is accompanied onboard by a person who is exempt from the educational requirements, provided that person is attendant to and responsible for the safe operation of the vessel."


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## Monty (Jan 10, 2018)

Thanks And Top Native I wasn't doubting you. You were clear and that was appreciated. I actually thought the regs were just poorly worded.


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## topnative2 (Feb 22, 2009)

Monty said:


> Thanks And Top Native I wasn't doubting you. You were clear and that was appreciated. I actually thought the regs were just poorly worded.


Never crossed my mind.....keeping us honest
this has been a problem for over a decade w/ the boating safety book..the statue reads.....(c) Is accompanied in the vessel by a person who is exempt from this *section or who* holds a boating safety identification card in compliance with this section, who is 18 years of age or older, and who is attendant to the operation of the vessel and responsible for the safe operation of the vessel

AND DOES NOT EXIST


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## Steve_Mevers (Feb 8, 2013)

I just read a lot of the comments that have been posted since I last looked at this thread and wanted to mention two things. Nowhere in the Nav rules will you find the phrase "Right of Way", the rules use the terms Stand-On Vessel and Give-Way vessel. Nobody has the Right Of Way, and there is a legal difference between Right of Way and Stand-On vessel. I used to explain this to our students by telling them that nobody has the "Right" to operate a vessel in a manner which might cause an accident. 

After reading the comments about operator licensing and persons being attendant to the safe operation of a vessel while others are operating it I thought I might add that Florida has unique definition for vessel operator: “Operate means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway..." What does this mean, if a person is in physical control (steering wheel is in their hand) of the vessel and another person is in command of the vessel (giving navigational and or operational direction) in the eyes of the law they are both operators of the vessel at the same time. Example, you go out in your boat and get drunk and you tell one of you non drinking buddies (if you have one) to drive the boat, but they really don't know how to so you stand next to them and tell them how to navigate a channel, or tell them to follow a GPS to a waypoint, etc... While following your direction they run into another boat, you can both be charged as operators, both with Nav rule violations, and you the drunk boat owner can be charged with BUI, and if someone is killed possibly BUI manslaughter. This is a simplified explanation of unique law, as far as I know Florida is the only state in the country that has this type of definition for "Operate". Stay safe out there.


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## dranrab (Oct 9, 2016)

Steve_Mevers said:


> I just read a lot of the comments that have been posted since I last looked at this thread and wanted to mention two things. Nowhere in the Nav rules will you find the phrase "Right of Way", the rules use the terms Stand-On Vessel and Give-Way vessel. Nobody has the Right Of Way, and there is a legal difference between Right of Way and Stand-On vessel. I used to explain this to our students by telling them that nobody has the "Right" to operate a vessel in a manner which might cause an accident.
> 
> After reading the comments about operator licensing and persons being attendant to the safe operation of a vessel while others are operating it I thought I might add that Florida has unique definition for vessel operator: “Operate means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway..." What does this mean, if a person is in physical control (steering wheel is in their hand) of the vessel and another person is in command of the vessel (giving navigational and or operational direction) in the eyes of the law they are both operators of the vessel at the same time. Example, you go out in your boat and get drunk and you tell one of you non drinking buddies (if you have one) to drive the boat, but they really don't know how to so you stand next to them and tell them how to navigate a channel, or tell them to follow a GPS to a waypoint, etc... While following your direction they run into another boat, you can both be charged as operators, both with Nav rule violations, and you the drunk boat owner can be charged with BUI, and if someone is killed possibly BUI manslaughter. This is a simplified explanation of unique law, as far as I know Florida is the only state in the country that has this type of definition for "Operate". Stay safe out there.


You are thinking on the correct path. BUI is part of the reason for the law. Those can be really tough cases to make, but they can be made. Think about larger vessels. You may have several people assigned to a bridge watch. All of those people play a critical role in navigation and are considered operators under federal law. In looking at the FL definition, it looks like they capture that as well.


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## Steve_Mevers (Feb 8, 2013)

dranrab said:


> You are thinking on the correct path. BUI is part of the reason for the law. Those can be really tough cases to make, but they can be made. Think about larger vessels. You may have several people assigned to a bridge watch. All of those people play a critical role in navigation and are considered operators under federal law. In looking at the FL definition, it looks like they capture that as well.


 Florida changed their definition of operate as part of the Kelly Johnson Act, after a teen girl was killed in a boating accident by an operator who was under the influence.


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