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Sky King
USA
79 Posts |
 Posted - Jul 29 2010 : 09:51:49
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Received this today. This makes me sick. What a needless,tragic loss. I do drink on my boat. On the hook. In our slip. We entertain a lot of guests on-board and most of them are boat owners as well. Then it's water/soda hours prior to departure.
This really upset me espespecially when a passenger on the offending vessel made a statement of "taking a cab home." Why on earth did no one else voice a concurn to the operator (I won't give the operator the dignity of calling him captain).
http://www.boattest.com/resources/view_news.aspx?newsid=4231
Sorry, not even from that area but boy, I'm shaking. |
Air Traffic Controllers do it with Minimum separation! |
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Bliss
USA
1537 Posts |
Posted - Jul 29 2010 : 11:06:09
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| A good and sobering read. |
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kgd
387 Posts |
Posted - Jul 30 2010 : 10:22:59
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The operator of vessel 2 is lucky to not also have a BUI conviction. Even though his BAC was .07 which is below the .08 limit it would certainly appear that his level of impairment was a contributing factor to the accident. Given the seriousness of the accident and the fact that all his passengers are dead it is surprising they did not prosecute him. If you are considering drinking and operating any vehicle or vessel keep in mind that the .08 is just a number that does not require proof that the operator was impaired, the presumption is that .08 or above is impaired and the BAC test results are all that is needed for a conviction. If the operator is less than .08 they can still be impaired and convicted of a DUI or BUI but the court will need to prove that the operator was in fact impaired based on their actions at the time of the arrest. As such, the operator of vessel 2 with the BAC of .07 is really lucky not to be headed to prison with the operator of vessel 1.
Too bad his passengers don't share his same luck. |
San Francisco, CA |
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WALSHIE
USA
9038 Posts |
Posted - Jul 30 2010 : 11:21:16
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| kgd, I was thinking along the same lines. Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph? Me, I back down until I know EXACTLY what the other person intends to do. Also, the other boat tried to cut in front of boat 2 and boat 2 hit him. I disagree with the 95% 5% split of fault. I would think it was more of 60-40 or 75-25. |
The sign on my boat: Wanted to Buy: Carbon Credits |
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KiDa
USA
12769 Posts |
Posted - Jul 30 2010 : 11:58:41
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Agree. However, impaired or not, the rules are the rules for a reason and the operator of vessel B followed Rule 14. I believe that is the only thing that partially exonerated him. Add to that he has to deal with being a part of killing his father, his mother and his aunt for the rest of his life. I wonder if that played a part in the findings. Ideally it should not. However humans have frailties.
I can't believe the owner of vessel A got a BUI. I would have thought it would have been a BWI which in VA carries mandatory jail time, accident or not.
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Best Regards,
David
Saint Max
'99 330 Sundancer
==========
Capitalism is to this administration what Judaism was to the Third Reich.
-- Me |
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Tim R
USA
7322 Posts |
Posted - Jul 30 2010 : 12:00:29
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| I think you're both correct, and don't forget... the fact that the Sea Hunt skipper wasn't found to be at fault doesn't bring back the 3 dead passengers who were on his boat. Booze + Speed = Trouble! |
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rawidman
USA
1248 Posts |
Posted - Aug 07 2010 : 07:39:57
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quote:
Originally posted by Tim R
...... Booze + Speed = Trouble!
Booze and operating a boat (or car, truck, machinery, etc.) = Trouble.
I never operated a boat while intoxicated, but drove home from bars, parties, etc. late at night after drinking for many years (I played in the band). All I can say at this point is that I was very lucky not to have been involved in an accident or arrested.
After many years, I wised up and asked my wife to drive home.
A casual observation of the trash cans at my marina indicates that many boaters have not gotten the message about drinking and boating. |
Ron
2000 Camano Troll |
Edited by - rawidman on Aug 07 2010 07:40:32 |
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rduhon
USA
3530 Posts |
Posted - Aug 07 2010 : 18:37:11
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I have a friend who was going at hull speed down the ship channel at night. A go fast boat came out
of a bayou on plane and T-boned his boat. The go fast boat operator was drunk and got killed.
Everyone in both boats were injured and both boats were totaled.
My friend was doing everything by the book and the go fast boats occupants still sued my friends
insurance and won money. The judge said that on the water, in any accident, both were at fault.
It don't always pay to go by the book. |
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floydsfloat
30 Posts |
Posted - Aug 09 2010 : 07:44:45
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quote:
Originally posted by WALSHIE
Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph?
I wouldn't call 26 mph high speed.
My minimum planning speed is
23 mph on 1 of my boats.
17 mph on the 2nd.
and well the 3rd really never gets on plane even though I wish it would :)
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Edited by - floydsfloat on Aug 09 2010 07:51:23 |
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rawidman
USA
1248 Posts |
Posted - Aug 09 2010 : 13:19:49
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quote:
Originally posted by floydsfloat
quote:
Originally posted by WALSHIE
Not only is he barely below the threshold, he was operating his boat at a high speed during a meeting scenario. What was he thinking? Passing the other boat in close range at 26mph?
I wouldn't call 26 mph high speed.
My minimum planning speed is
23 mph on 1 of my boats.
17 mph on the 2nd.
and well the 3rd really never gets on plane even though I wish it would :)
He said "close range". I don't know about other parts of the country, but in SC, you are required to slow to "no wake" speed within fifty feet of another boat. It's not enforced, and few people seem to know about it, but that's the law. |
Ron
2000 Camano Troll |
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floydsfloat
30 Posts |
Posted - Aug 10 2010 : 16:25:51
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quote:
Originally posted by rawidman
He said "close range". I don't know about other parts of the country, but in SC, you are required to slow to "no wake" speed within fifty feet of another boat. It's not enforced, and few people seem to know about it, but that's the law.
I believe that law in SC applies ONLY if the boat is Anchored or Moored. If the other boat is underway, there is no speed limit unless you are in a area with a posted speed limit. http://www.boat-ed.com/sc/sc_specific_images/pdfs/sc_handbook_entire.pdf
I'm not condoning anyone's actions or inactions, it's just that I hate to see "high speed" misused or thrown out there without definition. High speed to 1 person may be minimum planing speed for another.
The fact that alcohol was involved is a totally separate matter and one that changes everything.
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Edited by - floydsfloat on Aug 10 2010 16:26:50 |
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Topic |
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BUI and Death