C_Spray

iTrader: (2)

Here is the language of the law. If you go to Google Earth, you can locate the exact coordinates.

01 Chesapeake and Delaware Canal — Maryland Waters.
A. All of the waters of the Chesapeake and Delaware Canal, east of a line beginning at a point on the shore of Welch Point, at or near Lat. 39°31.466'N., Long. 75°52.681'W., then running 137° (True) to a point on the southern shore of Back Creek, at or near Lat. 39°31.181'N., Long. 75°52.343'W.; and west of the Maryland-Delaware State line, beginning at a point on the north shore of the canal, at or near Lat. 39°32.197'N., Long. 75°46.769'W., then running 176° (True) to a point on the south shore of the canal, at or near Lat. 39°32.077'N., Long. 75°46.759'W.

B. The Maryland portion of the canal shall haveat all times a maximum speed limit of 35 knots sunrise to sunset and 20 knots sunset to sunrise for all watercraft.

Effective date:
Regulation .01 adopted as an emergency provision effective September 17, 2011 (38:21 Md. R. 1274); adopted permanently effective February 6, 2012 (39:2 Md. R. 140)

I am dying to hear what the freaking "emergency" was.

Outrageous.

Smarty

Chuck,

I agree you should be up in arms over the lack of due process. That is some real bullsh*t.

Not making any admissions that any speed or noise laws were broken, there was an owner of a yellow 27' Magnum that used to, hypothetically, race any boat that would race him, and sometimes his son would be driving and getting into those hypothetcial races. Racing has always been prohibited in the canal, but the only enforcement I have ever seen was near the mouth of the canal near the Delaware River, and that is not Maryland DNR, and not for excessive speed, but for safety checks, and rendering aid.

I typically would and will cruise in the canal between 45 mph and 50 mph, so unless the Maryland DNR is using LIDAR (Light Detection And Ranging) gun to clock my speed, I can live with that. I just don't want to get LIDARed at 90+ mph doing a hypothetical test run or test running another boat. I guess the Elk River and Turkey Point will be the best place for test runs.

The question is what happens if you are running let's say a cruise speed of 60 mph to 75 mph for the owners of large performance catamarans (or any boat):

1. Are you issued a speeding ticket?

2. Once you are issued a speeding ticket for operating your pleasure boat in excess of the speed limit does this ticket in any way affect your motor vehicle driving history (will this be a points offence) ?

3. What method is DNR using to determine speed ? LIDAR speed gun?

4. What are the fines for speeding offender? Graduated fine based on how many miles per hour over the limit like the automobile laws?

5. And what I think is very important, will there be speed limit signs (I would think they will need to post signs) and will these signs be posted on the banks of the canal or hang from the Bridge?

6. What court will hear these cases?

I have lots of questions, but speed limits seemed inevitable. The question on enforcement and prosecution is what I would like to know. Undoing passed legislation or administrative law is tough. I wonder who passed this law, meaning who drafted (what specific politician) the bill that became law, that is your starting point.

The argument for the law is always public safety, which becomes becomes a statistical gamesmanship, who can best demonstrate that going 40 mph will save x amount of lives as compared to to say 55 mph, or 65 mph.

I can already envision the officer on the boat saying "ignorance of the law is no excuse" to a boater who did not realize this law exists. I am a New Jersey guy who boats in Maryland and is fairly informed, but what about the uniformed boater....

Smarty

I think the canal, from a safety perspective, would be best served by enforcing the law be responsible for your wake; meaning the large motor-yachts, sport-fishing boats, and any boat that throws a huge wake, either slow down, or face a hefty fine.

What ever happened with the Sea-Doo-For-Dad incident, where there was property damage due to his excessive wake. And do not remember if any one was injured in that incident. Bottomline, small boats the cruising in the canal sometimes get swamped by these large wakes when getting passed, and for the those at the dock at the Chesapeake Inn on that day, that is the best example of what damage these large wakes cause.

My two cent opinion.

notda1

I would also like to know what the consequences could be for going very fast in MD without having to get caught myself

C_Spray

iTrader: (2)

Here is the email that I sent to the Maryland DNR:

Dear Sir or Madam:

In regards to Maryland 08.18.39.01 and 08.18.39.9999:

1. What was the nature and details of the "emergency" that required action on this matter?
2. What was the nature of notices posted allowing for any public comment or input?
3. What allowances will be made for spedometer error(s) and tidal currents?
4. In the case of a violation, will the offending opertator be issued a speeding ticket?
5. Once an operator is issued a speeding ticket for operating a pleasure boat in excess of the speed limit does this ticket in any way affect the operators motor vehicle driving history (i.e., will this be a points offence) ?
6. What method is DNR using to determine speed ? LIDAR speed gun?
7. What are the fines for speeding offender? Will they be graduated fine based on how many miles per hour over the limit like the automobile laws?
8. Will there be speed limit signs and will these signs be posted on the banks of the canal or hang from the Bridge?
9. What court will hear these cases?

Thank you for your time.

Best regards,

I sent it to "[email protected]". We'll see who responds....

Smarty

Chuck,

It will be interesting on what response DNR will provide. I went to DNR website Saturday and Sunday and tried to look through the transcript for the hearing which I assumed affected this law. I did not see much of any input regarding the C&D Canal other than issues on the upper Elk River.

The transcript is 144 pages longs and I did not fine tooth comb the document, but it seems that the hearing generated the same old complaints, homeowners who complain that wakes cause erosion, speeding boats are too close to their docks, and the standard argument of public safety. But I could not determine how the speed limit was determined, other than than throwing a dart and saying that is our lucky number speed limit.

I am sure you will get an answer. So what ever happened with the Sea Doo for Dad incident?

C_Spray

iTrader: (2)

SeaDoo for Dad was settled with each claimant individually. Each person had to agree to give up all future claims and shut up in exchange for the money.

It's notable that the DNR still has done nothing about establishing a well-marked no wake zone near the Chesapeake City basin.

If there is concern about shoreline erosion on the canal, speed limits should be based on displacement...

baja27

It's sad , little by little they are eroding the speed segment in the upper ches. If it wasn't for speed boaters spending millions in the upper bay each year most of the restaurants would not exist. I am truly surprised that restaurants like Nauti goose, Chesapeake Inn do not voice there thoughts as most of there cliental are go fast boats!

C_Spray

iTrader: (2)

Well, here's the scoop. I'll give them credit for a quick response.

Sir;

1. This term emergency in this context is used to denote a regulation that takes effect earlier than a normal regulation which is effective October 1, each year.
2. This was posted in news papers. More information can be obtain by contacting Boating Services at 410-260-8462.
3. This up to Officer discretion how much, if any allowance is allowed.
4. As per Maryland law, a citation or warning is issued for each for each offense.
5. No boating violations affect your motor vehicle driving license.
6. Officers used RADAR Guns that are licensed and calibrated before and after use.
7. The fine is established by District Court court at $85 regardless of the set above the posted speed limit for boating violations.
8. The area will be marked by navigational buoys.
9. The court will located in the county of the offense.

I hope this helps.

Sgt. Arthur A. Windemuth

Public Information Officer
Office of the Superintendent
Maryland Natural Resources Police
Tawes State office Building, E-3
580 Taylor Ave.
Annapolis, Maryland 21401

Email: [email protected]
Office: 410-260-8850
Cell: 410-713-8449
Fax: 410-260-8878

jln

thanks again for the update, looks like an escort on the dash will be the new norm. if they would only enforce the no wake zone around the CCINN and 1/4 mile each way they would collect a small fortune .