Are You Responsible for Your Wake?

[Presentation]

You are on a lake or large cove. Its a calm day. There are two boats rafted together. They have small fenders but they are well undersized, in the wrong locatoin, too high or too low.

You continue cruising, pulling a tube, water skiing, etc. You are NOT in a no-wake area.

You stay more then 200' from the other two boats.

The two boats bump together and are damaged.



Are you responsible for damage done to the boats?



[size=+2]Tell us how you voted and why.[/size]

 

[Alex F]

From last safety certification course I've learned that a wake created by your boat is like an extention of your boat. If you just zoomed by a kayaker and knocked him over with your wake, you're responsible for his safety. Same goes for anything else your wake hits.

In the example of being 200' away from other boats I don't think your wake is so huge to damage those boats. At this point I would debate if it was your wake that was a cause and not just sea conditions.

Alex.

 

[highslice]

I voted no, but that is Missouri specific. Law here is "no wake within 100 feet of an anchored vessel", not that it is enforced:smt021. If someone decides to anchor or drift too near the center of a cove, water patrol makes them move rather than cite anyone on the 100 foot rule.

However, jet skiers feel free to throw off a wake within 5 feet of you:smt013.

Also, by failing to use properly sized fenders, the two boats did not take reasonable precautions to avoid damage.

 

[Rondevue]

This is a big problem in our area. Lots of arguing about this subject.

I believe you are responsable for your wake. If nothing else it is common courtesy to watch your wake and speed when in a bay or area with anchored boats, whether they are fendered up correctly or not.

 

[First Born]

Depends :huh: you will need to consult with your attorney :thumbsup:

 

[fc3]

Based upon the give facts I'd say no. Alex's reasoning sounds right to me, again, given the stated conditions.

Best regards.
Frank

 

[duck]

I don't know what the laws are over there in the USA :huh:

However if someone isn't in a "no wake zone" then no they are not responsible for any damage from their wake.

The two boats rafted together should have considered where they anchored, and anchoring close to an unrestricted wake zone tells me that they are responsible them selves. They should be in a no wake zone

 

[Four Suns]

Deleted.

 

[tphinney]

200' is nothing when it comes to going by someone in a cruiser. The weekend of the 4th their was a raft up in the upper bay and a jet boat about 15' long was pulling a tuber. even at about 300 yards the wake from the jet boat was still enough to bounce all the boats that where rafted up. since they where all friends no penalty flags where thrown. if you are out of a navigational channel and you come near and anchored boat it is common curtisey to give them a slow pass not that everyone does, but as a Sea Ray owner you should know better.

 

[Dancin Dave]

Not, just think if the 2 rafted boats were not so cheap and invested in proper fenders. No damage or law suit. Also if they were paying attention they could have carefully assisted in minimizing much of the bumping or rocking.

 

[Alex F]

if you are out of a navigational channel and you come near and anchored boat it is common curtisey to give them a slow pass not that everyone does, but as a Sea Ray owner you should know better.

If you implying a known anchorage area I 100% agree. We all hate when while anchored in a cove or other quite spots, an idiot flies by and disturbs us with his wake. A local knowledge place a great role in this case as well. There’re times when you loose that common sense of curtsey being in new area.

I was on a trip (120miles round trip) and there were boats anchored and some drifted all over the channel or very close. Some idiots simply blocked entrance to marina. I give them some slack if it’s a “no wake” zone. But, in case if it’s not a “no wake” zone I feel like I’m in the idiot’s zone and I give them no respect.

Alex.

 

[Kurt]

I voted yes because as Highslice explained it is Missouri law. We also have the Jet-ski issue and it is no wonder 6-8 deaths are year are related to personal watercraft. The come and circle our cove that is a hot spot for raft-ups. Many people throw full beers at them as they pass by. I would do the same but I am not quite that stupid to commit assult and battery with flying object.:smt021

 

[mistercomputerman]

Virginia law states:

You are responsible for your wake! While Virginia does not have speed limits on its waterways, you must always operate your boat so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• In Virginia, "No-Wake" speed is defined as the slowest possible speed required to maintain steerage and headway.
• 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.
• Operators should "Slacken Speed", or reduce speed to avoid endangering persons or property by the effect of the motorboat's wake when approaching other vessels, docks, piers, boathouses, boat ramps, or people in the water.

I cannot find any provisions in the State Code about knuckleheaded rafting of boats, so I would have to say you are responsible for any damage caused by the wake.

 

[hack4alivin]

Virginia law states:

You are responsible for your wake! While Virginia does not have speed limits on its waterways, you must always operate your boat so that it will not endanger others. Always keep a proper lookout and never load a boat with passengers or cargo beyond its safe carrying capacity.

• In Virginia, "No-Wake" speed is defined as the slowest possible speed required to maintain steerage and headway.
• 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.
• Operators should "Slacken Speed", or reduce speed to avoid endangering persons or property by the effect of the motorboat's wake when approaching other vessels, docks, piers, boathouses, boat ramps, or people in the water.

I cannot find any provisions in the State Code about knuckleheaded rafting of boats, so I would have to say you are responsible for any damage caused by the wake.

I agree. You are responsible for your wake. Where I boat we have a constant problem with small “john” boats in the channel crabbing. Even though they are in the channel, and there is no speed limit we must take care not to damage or swamp them with our wakes. That’s the law here in Maryland and the DNR will make you aware of it.

 

[tdappleman]

I voted yes - even if it's not a law we need to be courteous on the water. It's a pain and somewhat (these days) expensive to slow down and then have to get back on plane but it is the right thing to do. I'd rather spend $10 in gas getting back on plane than having to deal with some yahoo who turned me in for spilling his beer and scratching his gelcoat.

 

[wastinaweigh]

Depends on State law. In Florida, you are not responsible for your wake unless you are negligent. Since this is not a designated anchorage, or otherwise marked as a no wake zone, the rafted boats have no right to expect other boaters to treat them special.

200' might be a little close, though. As for what I do in practice, I slow down if I have to pass that close to a raft-up just as a courtesy - I enjoy boating and rarely am I in a hurry to get anywhere.

For reference - FL statute 327.33 (2):

"...However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property."

 

[AKBASSKING]

I voted yes. Alaska state law state you are responsible for any damage that your wake causes.

Now whether this is enforced or not is a different story.

We have some rules that would seem strange to some like while in a river or creek the boat coming down river (jet boat) always has the right-of-way.

While in the big water you have to look for commercial fisherman’s nets and everyone has shrimp pots with ropes and buoys everywhere. If you are caught stealing someone's shrimp pots, it could mean jail time, big fine and you could loose your boat.

 

[fwebster]

The problem with the Florida law is what defintion is applied to reasonable and prudent and what is negligence.

Would you not expect drunk women to be stepping from one boat to another in a raft up? or what about a kid reaching for a toy between 2 rafted up boats. While I may not think it is negligent to throw a wake on them, it isn't worth hurting anyone or letting a judge make that decision when some hot head sues you.

If you are up an running in a channel and I see white water off your bow, you are fair game. Otherwise, I go slow enough for my wake to disapate before it get to you.

 

[Sea Gull]

I voted that you are not responsible based on CT regulations (which have a 100' limit) but that vote needs a big qualification:

As with most things in life this is not a black and white issue. IF the law in your area is 200' AND you were 200' away AND you caused damage AND they could prove it beyond a shadow of a doubt AND they could get a law enforcement office to issue a ticket AND it got all the way to court AND you were found at fault any good admiralty lawyer could convince a jury that the dip-wad with small fenders was partially at fault.

 

[SeaRide]

Whenever I see two or more boats rafted together and I am passing within 500', I simply slow down to a no wake speed. SC law simply states that you are responsible for your own wake. My house has frontage along a cove that is very popular with skiers and wakeboarders. Even though, they may be passing 250' away, my dock catches plenty of wake action. However, my boat is positioned such that the wakes push my boat away from the dock. I also use 20" fenders on a 23' boat. Most of the time the raftees are using fenders suitable for a jet ski and are not positioned properly as Presentation stated. I see this quite often on Lake Murray. We see quite a few infractions during most outings. For example last night an individual in a 14' Carolina Skiff passed through the marinas no wake zone at 25 MPH and then he felt the need to pass within 25' of me while is was idling along at 750 RPM. Maybe he thought his boat didn't make a wake a full speed. I'd like to see him try that on a weekend. When approaching a no wake zone I generally come off plane a couple of hundred feet prior to the zone unless some jack arse has powered up to max. wake speed as he leaves the no wake zone. In general, I try to use common courtesy and assume the other guy is clueless. This simple rule generally keeps me out of trouble.