Colregs Curiosity

[Dave 71]

Out for a sail yesterday on the Crouch and encountered a wakeboarding boat for the first time. This lead to a discussion between my wife and I as to where such an activity sits in Colregs - turns out we don't know.

There was no drama involved and this isn't a moan about high speed activities annoying sailing vessels, they were in an area where its permitted, just a bit of curiosity on my part, although I think the wakeboarding boat was a little. lets say, impatient at one point.

The wind as many of you will know has been annoyingly easterly so we were tacking back and forth across the Crouch down stream of the Fambridge moorings. I saw the speed boat coming up river close to the south bank as I was on port tack and heading in towards the south bank, but didn't initially see the wakeboarder behind so stood on expecting the speed boat to turn and go behind me. It became obvious he wasn't going to turn, and by now I could see the wakeboarder, so I tacked and let him carry on in a straight line. Plenty of room and as I said no drama. Is waterskiing/wakeboarding 'under tow' as far as Colregs is concerned and therefore I was give way all along?

After I had tacked and well astern of me, the wakeboarder took a tumble which seemed to cause much mirth among his friends. By the time they had sorted themselves out I had tacked again away from the north bank and was heading towards the south bank again. The wake boarding boat had turned and was now stationary and facing me off my starboard bow, with the wakeboarder sitting in the water behind ready to go again. I expected them to wait for me to tack again but they didn't, again I just tacked away and they passed astern although a little bit closer than I would have liked. Seemed a little impatient and caused another yacht heading up river astern of me to become the give way vessel relative to me a little unexpectedly as if I had waited to tack I would have passed astern of him

 

[scottie]

Perhaps it is the clause that refers to doing what suits me scruff you

 

[ex-Gladys]

Tongue in cheek... Surely it is in the IRPCS ... Tug, towing?

 

[finestgreen]

Was the towing boat showing the appropriate day shape?

 

[Sandy]

I'd be asking the local harbourmaster as there maybe local regulations about where that activity can be carried out.

 

[johnalison]

I don’t think that any reasonable interpretation of the rules would classify a wake-boarder or any similar recreational craft as a vessel under tow. They were under power and they were obliged to give way to you. Period, as my American aunt used to say. In addition, it is my belief that any vessel moving at a significantly higher speed than the other is under a moral obligation to give way (not including large vessels in traffic lanes) regardless of the rules, and your encounteree appears to have have no consideration for any rules.

 

[PaulRainbow]

I don’t think that any reasonable interpretation of the rules would classify a wake-boarder or any similar recreational craft as a vessel under tow. They were under power and they were obliged to give way to you. Period, as my American aunt used to say. In addition, it is my belief that any vessel moving at a significantly higher speed than the other is under a moral obligation to give way (not including large vessels in traffic lanes) regardless of the rules, and your encounteree appears to have have no consideration for any rules.

Typical post by a sailor who thinks the rest of the marine World revolves around them !

OP states "they were in an area where its permitted," one would presume therefore that the other boat was in one of the ski club areas, why would someone tack through one of those areas and expect the ski boat to give way ? **

**Note that the OP didn't have such an expectation.

 

[Dave 71]

Typical post by a sailor who thinks the rest of the marine World revolves around them !

OP states "they were in an area where its permitted," one would presume therefore that the other boat was in one of the ski club areas, why would someone tack through one of those areas and expect the ski boat to give way ? **

**Note that the OP didn't have such an expectation.

Tacking out of the way, once I realised they were wakeboarding just seemed common sense and really didn't cause me any difficulty. it just led to my wife and I discussing Colregs and wondering where a wakeboarder would sit, with being 'under tow' the best we could do. The second tack was perhaps slightly more problematic due to the other sailing vessel, but as i said in the OP, no real drama.

That whole stretch of river, between Fambridge moorings and Bridgemarsh is a permitted area, full width of the river, so you can't avoid sailing through it.

Crouch Harbour Authority website doesn't really say anything specific, the bulk of the water-skiing section is about how to pay for a river licence! There as a vague description about navigating safely and considerately that applies to all river users but nothing specific about who would be stand on and give way between a water skier and yacht.

 

[Supine Being]

I don't believe that there is any specific provision in the colregs for waterskiers or towed inflatables and, since, neither of those things can be considered as vessels in their own right, I think it follows that they should not be considered as vessels under tow. In which case it's just a powered vessel.

Any waterski boat around there should be a member of the Woodham Ferrers Waterski Club by the regs of the Crouch Harbour Authority, so you'd expect them to know the rules. But, then again, perhaps their focus is not good seamanship, so I think the OP is right to give them a wide berth.

 

[PaulRainbow]

Any waterski boat around there should be a member of the Woodham Ferrers Waterski Club by the regs of the Crouch Harbour Authority, so you'd expect them to know the rules. But, then again, perhaps their focus is not good seamanship, so I think the OP is right to give them a wide berth.

This is incorrect.

"The East Fambridge Ski Area (the largest area) is available to all CHA Ski Licence holders including members of the Woodham Ferrers Water Ski Club."

 

[Slowboat35]

Power gives way to sail, overtaking vessel remains clear. End of.
A waterskiing area is only one where prevailing speed limits have been suspended, nothing to do with rights or rules of navigation. A boat may have to tack though the area and if the speedboat can't navigate safely with regard to other legitimate traffic then it must slow down or avoid. Seems clear enough to me.

 

[LittleSister]

I can't think of anything in the ColRegs that removes the motorboat's obligation to give way to sail, and that its action sound inconsiderate. It is quite likely that the Crouch has local regulations over-riding parts of the ColRegs or adding to them, but I doubt they would change the situation much.

I agree the OP's actions sound the best course of action in the circumstances.

 

[Supine Being]

This is incorrect.

"The East Fambridge Ski Area (the largest area) is available to all CHA Ski Licence holders including members of the Woodham Ferrers Water Ski Club."

On re-reading, it seems the OP was East of Fambridge, so you are correct. West of Fambridge is restricted to WFWSC members. Maybe the operator is more likely to be a complete yahoo if they're not a member of a club? None of which addresses the question of COLREGs, but it nods towards a potential reason for non-compliance.

 

[Never Grumble]

It doesn't sound like a boat towing a wake boarder could claim "to be restricted in their ability to manoeuvre" under Rule 3 (g) (vi) ... therefore it must be a power driven vessel and thus comply with the rules applicable to that category.

 

[johnalison]

Typical post by a sailor who thinks the rest of the marine World revolves around them !

OP states "they were in an area where its permitted," one would presume therefore that the other boat was in one of the ski club areas, why would someone tack through one of those areas and expect the ski boat to give way ? **

**Note that the OP didn't have such an expectation.

I don't see anywhere that an area where waterskiing is permitted means that other craft may not enter, or that collision rules are changed in the power boat's favour. I don't know the Crouch well enough to know how wide the river is at that point, but none of the river is particularly generous, and if a sailing boat wants to use the width of the river in which to tack then they should be perfectly entitled to do so

 

[PaulRainbow]

I don't see anywhere that an area where waterskiing is permitted means that other craft may not enter, or that collision rules are changed in the power boat's favour. I don't know the Crouch well enough to know how wide the river is at that point, but none of the river is particularly generous, and if a sailing boat wants to use the width of the river in which to tack then they should be perfectly entitled to do so

Yes, of course, sailboats should be able to do practically whatever they want, Colregs seems to allow that, irrespective of whether or not that shows any courtesy to other water users. The OP demonstrates a much more considerate approach. Sure he could have insisted on standing on, forcing the speedboat to slow to displacement speed and causing the person on the wakeboard to end up in the water, but he chose to tack a little sooner than planned and avoid that. Well done to the OP.

 

[johnalison]

Yes, of course, sailboats should be able to do practically whatever they want, Colregs seems to allow that, irrespective of whether or not that shows any courtesy to other water users. The OP demonstrates a much more considerate approach. Sure he could have insisted on standing on, forcing the speedboat to slow to displacement speed and causing the person on the wakeboard to end up in the water, but he chose to tack a little sooner than planned and avoid that. Well done to the OP.

Sailing boats are not entitled to do whatever they want, rule 13 for example. I wasn’t there to see the OP’s action, which is probably what most of us would have done, but the point is that he shouldn’t have been put into a position where turning away was necessary, by a vessel that should apparently have given way at an earlier stage.

 

[Dave 71]

@johnalison @PaulRainbow you are of course both right, and I could have stood on but I didn't see any reason to when turning away lets everyone carry on enjoying themselves in their own way. With the exception of one particular bellend (I don't think he saw me) all the power vessels I have encountered until now have behaved correctly and courteously. When I see one coming towards me at high speed, I often have a little niggle of doubt in my mind about their intent until things become clear. Perhaps it's my own prejudices, but its often the small ones, the sort of thing that gets rolled down a ramp on a sunny afternoon, that leave a bit of doubt in my mind. I expected the wakeboarder to stop, or turn, but when he didn't or at least not with space that I was comfortable with tacking away meant I was in control and not relying on him as well as fulfilling the requirement to avoid even if you are stand on. It wasn't as if I was forced to tack toward danger so I took away all doubt and made it safe for both vessels. Leave it too late and I may have tacked as he turned. For all I know he was expecting to me to tack anyway before crossing his course and possibly unaware of how close you can go to the south bank at high tide. Cutting across me again suggested he was - I'll be kind - engrossed in his own fun so best for all that I kept clear.

Reading all this makes it sound like an "incident" - it really wasn't, the post is just the result of an idle conversation as we sailed away from them. Wondering if it's considered 'under tow' does seem daft with hindsight, but we did wonder if such a boat making a hard turn could be dangerous for the skier, who would presumably carry on in a straight line or wipe out hard, hence wondering if there was a different rule, either in local byelaws if not colregs.

 

[prestomg27]

Having in the past been a member of the Woodham Ferrers water ski club and also having sailed the crouch for over 30 odd years, in my view everyone tends to coexist pretty reasonably.

I think as per the OP most people rend to act with courtesy on the river and its wide enough for everyone.

Now, personal watercraft , that's a whole different ball game.