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My Way Crew Confirmed to be OK After Crash

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Old 08-14-2012, 01:46 PM
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Originally Posted by X-Rated30
There are some intelligent opinions here, but some people continue to ignore the fact that the cruiser captain has a duty to keep his wake from endangering life, limb, or property:


"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." (46 USC 2302).

Text from Section 2302:

§ 2302. Penalties for negligent operations and interfering with safe operation

(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $ 5,000 in the case of a recreational vessel, or $ 25,000 in the case of any other vessel.
Couldn't that statute also be read to apply to the down river boat? Also, I'm pretty sure USCG regs don't apply to Canadian water.
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Old 08-14-2012, 01:49 PM
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When the oncoming traffic is going more than 2 miles a minute , wouldn't leave anyone much time to slow even if he tried . And I'm guessing you think he should look behind every 20 seconds in case there are any fast boats about to pass . Interesting ride for the crusier on and off plane when they see you coming . LMAO
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Old 08-14-2012, 01:52 PM
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Originally Posted by X-Rated30
There are some intelligent opinions here, but some people continue to ignore the fact that the cruiser captain has a duty to keep his wake from endangering life, limb, or property:


"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." (46 USC 2302).

Text from Section 2302:

§ 2302. Penalties for negligent operations and interfering with safe operation

(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $ 5,000 in the case of a recreational vessel, or $ 25,000 in the case of any other vessel.
Again, it would have to be foreseeable to be considered negligent. Passing a 12' rowboat 20' feet away and sinking them would be foreseeable and negligent. Crossing a river and a boat traveling at 100+ mph hitting your wake is not foreseeable, nor should it be.
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Old 08-14-2012, 01:55 PM
  #334  
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Originally Posted by spectras only
My bud's boat here would have a 5' wake going only 5 kts . Should he just stay away from a river when some guy wants to go 100mph+? Some of you guys are delusional. There are many large cruisers and full displacement tug boats that have huge wakes going as slow as 5 kts,sheeeesh

LOL. If some of these folks had their way, they'd have commercial shipping and yachts banned altogether. My way or no way (no pun intended).
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Old 08-14-2012, 01:59 PM
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Originally Posted by X-Rated30
There are some intelligent opinions here, but some people continue to ignore the fact that the cruiser captain has a duty to keep his wake from endangering life, limb, or property:


"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." (46 USC 2302).

Text from Section 2302:

§ 2302. Penalties for negligent operations and interfering with safe operation

(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $ 5,000 in the case of a recreational vessel, or $ 25,000 in the case of any other vessel.
You're reading it wrong. The cruiser didn't do anything negligent. He didn't run past a dock at 10 yards, he didn't run past a raft-off, he didn't run past a boat in distress, or someone in a rowboat fishing. He's motoring down the middle of the river in an authorized navigable shipping lane, motoring along prudently and diligently. You can't be responsible for someone bearing down on you from a mile or more away at high rates of speed. It's delusional and irrational to think otherwise.
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Old 08-14-2012, 02:09 PM
  #336  
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Originally Posted by snapmorgan
So let me get this straight. Some rich guy that is probably self insured spun out his 2 million dollar boat a while back causing no harm to anyone. Now this weekend he hit a big cruiser wake and damaged his own boat, causing no harm to anyone or anyone else's property. He didn't crash his boat, he damaged it. I am pretty sure my insurance rates aren't going up to pay for his repairs and I am pretty sure that my tax dollars aren't going to pay for his repairs. Do we really need 33 pages of bickering about who was at fault? Really? No one seamed to care when I hit that rock in the Colorado river and damaged my boat.
Ok self insured is fine with his own damage but what happens if that boat slammed into you and hurt or killed a family member. There is no insurance and I am sure with his apparent financial means I would venture a guess that his net worth is protected. So once again running in a reckless fashion with possibly no insurance if an incident occurs. This is not a good combo. I am really concerned for our"sport" after reading this thread as long as we keep going down this path the writing is on the wall. My .02
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Old 08-14-2012, 02:21 PM
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Originally Posted by X-Rated30
There are some intelligent opinions here, but some people continue to ignore the fact that the cruiser captain has a duty to keep his wake from endangering life, limb, or property:


"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." (46 USC 2302).

Text from Section 2302:

§ 2302. Penalties for negligent operations and interfering with safe operation

(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $ 5,000 in the case of a recreational vessel, or $ 25,000 in the case of any other vessel.

You are a lawyer and probaly tried to sue the wake that flipped your boat and crew last year. What was the result?

For the record, I have no beef with lawyers as most do.
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Old 08-14-2012, 02:32 PM
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Im done with this.

But heres some food for thought.

Suzuki hayabusa, big kawi`s, lambos, ferraris, etc......all designed for one main reason ;-)
Yet come with speed limiters??????? Is it the fed gov leaning on these companies, ins???

Doesnt seem like a stretch of the imagination that boats could be next in line in the near future to me.

It's only going to take one MAJOR accident for big bro to step in.
Imo this was close to the recipe had it blown over or hurt others.

Self police or be policed

Last edited by scarab63; 08-14-2012 at 02:41 PM.
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Old 08-14-2012, 02:33 PM
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Clearly this is a very emotional topic. Some on the site have lost friends during events and I can only imagine what that would be like. I made some earlier comments in haste basically because I love watching boats like MY WAY make fast passes (No excuse for the childish crap i spewed)..... Topics like this make normally like minded people strongly disagree with one another and say things that otherwise they wouldnt (myself included).
I think that there are strong points on both sides of the fence. Obviously performance boating is a dangerous hobby at the best of times.. and at the end of the day, nobody is gonna look out for us but ourselves. Typically other boaters find us all to be loose cannons so any opportunity we can get to prove them wrong is an opportunity we should take. I would think that Mr. Tomlinson has probably learned something this summer, as none of us ever stop learning. The double edge sword being that a huge number of people come to watch aquamania and the my way boats and have for years. One could argue I guess that they could run 100 or less and the same people would come watch. most of us have had holy sh!t moments that let us know how easy stuff can go wrong... The testosterone and adrenaline are awesome.. But I think we all can agree that there is a time and a place.
Once again I would like to apologize to anyone that was offended by my emotional hasty comments.
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Old 08-14-2012, 02:34 PM
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Originally Posted by 4195
Ok self insured is fine with his own damage but what happens if that boat slammed into you and hurt or killed a family member. There is no insurance and I am sure with his apparent financial means I would venture a guess that his net worth is protected. So once again running in a reckless fashion with possibly no insurance if an incident occurs. This is not a good combo. I am really concerned for our"sport" after reading this thread as long as we keep going down this path the writing is on the wall. My .02

The boat is self insured the liability of the owner of the boat is covered in a umbrella policy that is a 2 million dollar minimum
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