Lawsuit against Wake Boats in Oregon

[psneeld]

Last I looked, federal wake laws were limited to larger ships....


For boats you have to be hit with "negligent operation" which probably is a harder case to prove.


This is one of the last words I have heard...USCG Navcen FAQs


[FONT=&quot]"USCG FAQs on Wake Damage[/FONT]
[FONT=&quot]10. What are the regulations concerning wake effects, wake damage, and responsibility? [/FONT][FONT=&quot]Regarding one's wake, vessels over 1600 Gross Tons (GT) are specifically required by Title 33 CFR 164.11 to [FONT=&quot]set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake[/FONT]. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property ([FONT=&quot]46 USC 2302[/FONT]). Nor do the Navigation Rules exonerate any vessel from the consequences of neglect ([FONT=&quot]Rule 2[/FONT]), which, among other things, could be unsafe speeds ([FONT=&quot]Rule 6[/FONT]), improper lookout ([FONT=&quot]Rule 5[/FONT]), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or [FONT=&quot]State Boating Law Administrator[/FONT]."[/FONT]

 

[Alaskan Sea-Duction]

Last I looked, federal wake laws were limited to larger ships....


For boats you have to be hit with "negligent operation" which probably is a harder case to prove.


This is one of the last words I have heard...USCG Navcen FAQs


[FONT=&quot]"USCG FAQs on Wake Damage[/FONT]
[FONT=&quot]10. What are the regulations concerning wake effects, wake damage, and responsibility? [/FONT][FONT=&quot]Regarding one's wake, vessels over 1600 Gross Tons (GT) are specifically required by Title 33 CFR 164.11 to [FONT=&quot]set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake[/FONT]. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property ([FONT=&quot]46 USC 2302[/FONT]). Nor do the Navigation Rules exonerate any vessel from the consequences of neglect ([FONT=&quot]Rule 2[/FONT]), which, among other things, could be unsafe speeds ([FONT=&quot]Rule 6[/FONT]), improper lookout ([FONT=&quot]Rule 5[/FONT]), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or [FONT=&quot]State Boating Law Administrator[/FONT]."[/FONT]

Take a look at 46 USC 2302(a)(b) More commonly known as Negligent Operation. Many still call the "Watch Your Wake" regulation.

 

[psneeld]

Take a look at 46 USC 2302(a)(b) More commonly known as Negligent Operation. Many still call the "Watch Your Wake" regulation.

OK... reread for probably the 100th time...still didn't see the word wake in there.


While a fairly senior officer IN the USCG I tried to get the USCG to enforce wake incidents and couldn't.

 

[localboy]

https://vimeo.com/133473475

I've seen that before. The ultimate, little, long-board wave!

 

[hollywood8118]

Sir,
You obviously have a axe to grind regarding snowboarders and wake boarders. 24"? Really?. My downhill board has 50" of straight edge plus the edge as it curves up at both tips. Because is the physics involved in a higher edge ratio( unless you are the likes of lindsay Vaughan) I am able to set a harder edge on a board than on skis. Again the only stopping diference is in ice.
Now back to the topic..
Regulate the wakes put off by all boats, keep property from being damaged and let the kids(and the ones in their 50's) have fun. Sure also regulate the loud music too if you want.. that's all doable
Hollywood

 

[yamabuki]

Wake boats

And try to get a prosecutor to charge someone with that. It is a federal law and the USCG does not have the time or resources, so I was told.

The same for any state law.

I have direct experience with this. In my case they charge the operator with "reckless operation of a vessel." A misdemeanor in the State of Washington. They would not charge with a felony. $55K in damages.

The twra suggests that you get the boat number of the offending vessel but don’t advise how and I doubt they would do much anyway, if you cut down a tree on the backside without a permit you get fined, but excessive wake downs hundreds of trees each year. Go figure.

 

[Alaskan Sea-Duction]

Undetstand. You more than anyone else here understands th CG.

OK... reread for probably the 100th time...still didn't see the word wake in there.


While a fairly senior officer IN the USCG I tried to get the USCG to enforce wake incidents and couldn't.

 

[sunchaser]

My 2 cents worth:

Hollywood's spot on comments awakened a few visceral thoughts. Snow boards, X Games events and the associated youth lifestyle saved most ski hills. Winter Olympics and winter sports TV viewer watching boomed as these highly skilled "pipers" flippers and jumpers added a new dimension to virtually all winter sports venues.

Wake boats have similarly boosted the recreational water sports activities and economies. It is an exciting, sexy, hard bodied oriented lifestyle that inland based surfers have rushed to enjoy. A few bikinis, Lake Havasu and voila!

Trawler style boats are fun for a relatively few older and creaky souls and hobbyists. Oh to be young again and enjoy these modern day decadent activities, for a few nights now and then anyway. Whether on the airwaves, snow or water fun is being had by millions.

 

[bshillam]

I make a living on the water and see first hand what one or several of these boats can do. First - I believe it's important that we respect how one wants to recreate. However, when it negatively impacts those around you thats when I fail to support your lifestyle. Perfect example, we have some fast cars very fast. Going well over the posted speed limit puts everyones life in danger around you on the road. When you recreate in a manner that is dangerous, damaging and puts property in danger your fun is in jeopardy. Enjoy the sport in a wide body of water where the wave has an opportunity to dissipate. Short shorelines, other boats, and homes on the water make for more regulation for those that don't respect others.

 

[Woodland Hills]

Does anyone else see the similarities between “I’ll run my wakeboard boat anywhere there isn’t a No Wake sign” and “ I’ll anchor my derelict boat anywhere I want for as long as I want”? Both are technically legal behaviors and both are inconsiderate to others.
And will anyone be surprised when the response from those negatively affected is not going to be reasoned and nuanced but instead will be a total ban?

 

[Art]

Does anyone else see the similarities between “I’ll run my wakeboard boat anywhere there isn’t a No Wake sign” and “ I’ll anchor my derelict boat anywhere I want for as long as I want”? Both are technically legal behaviors and both are inconsiderate to others.
And will anyone be surprised when the response from those negatively affected is not going to be reasoned and nuanced but instead will be a total ban?