lustyd
Well-Known Member
Yes, the boater definitely was, don't try to overthink this. The bylaws are irrelevant once a collision situation develops, the colregs take over. The colregs apply to any and all collision situations at sea as a means for everyone to know what should happen next - they are by their nature designed to take the situation out of the process and standardise the actions.But was the boater stand on?
The port bylaws state, "In the restricted area, leisure and recreational vessels are required to keep clear."
The purpose of the bylaw was to remove the boat from the location. The colregs don't override this, and the boat definitely shouldn't have been there, there's no disputing that. The boater has already broken that bylaw either knowingly or unknowingly, however, and now both parties need to deal with the impending collision.
It is absolutely wrong for the plane to stand on in the belief that the bylaw will protect them from death. Perhaps they didn't see the boat, having already not heard the coastguard mention it - if that's the case then they possibly aren't the right person for the job. Perhaps they did see and couldn't manoeuvre - I simply don't believe this as no change in throttle or rudder can be seen, and that plane would have done something had one of the controls been used. So yes, the boater will likely be prosecuted for breaking the bylaw, but the pilot will likely also be prosecuted for putting the passengers in danger and failing to prevent the entirely preventable collision.
But as I said, more interesting and useful is what could/should the boater have done differently once in the situation?