I was going to stay out of this but here are the facts straight from the USCG:
The Facts:
http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm
Personal Watercraft:
A new law, effective January 1, 1998, prohibits personal watercraft (PWC) operators from undertaking unsafe or reckless practices, including jumping another vessel’s wake within 100 feet of that vessel, operating at a rate of speed and proximity to another vessel so that the other operator is required to swerve to avoid collision, and “spraying down” any person or vessel in the water.
The joker on the couch was going way to fast and way to close to smurf so he was already breaking the law reguardless of who had the right away!
"Rules of the Road" (Water):
When two power driven vessels are in sight of one another and the possibility of collision exists, one vessel is designated by the rules as the stand-on vessel and the other is designated as the give-way vessel. The stand-on vessel should maintain its course and speed. The give-way vessel must take early and substantial action to avoid collision. If it becomes apparent that the actions taken (or not taken) by the give-way vessel are dangerous or insufficient, the stand-on vessel must act to avoid collision.
Meeting Situations
In the following situations, the give-way vessel must take action to keep well clear. The stand-on vessel should maintain its course and speed. If it becomes apparent that the actions taken (or not taken) by the give-way vessel are dangerous or insufficient, you should take action to avoid collision.
Crossing:
When two power driven vessels are approaching at right angles or nearly so, and risk of collision exists, the vessel on the right is the stand-on vessel and must hold its course and speed. The other vessel, the give-way vessel, shall maneuver to keep clear of the stand-on vessel and shall pass it by its stern. If necessary, slow or stop or reverse until the stand-on vessel is clear.
In the example above, the red vessel is the give-way vessel and should alter course and speed to pass behind the blue vessel. If the skipper of the blue vessel does not observe the red vessel taking action to avoid collision, then he/she must take the required action to avoid a collision.
Right of Way Examples:
The spacing of the drawings have been made very close to make the examples easier to understand. In actual on the water conditions maneuvers should be made early and at a greater distance than shown on the illustrations. The illustrations are a simplified two-boat example; many cases on the water will have more than one other boat involved so caution is always needed.
2S (Smurf) is the Stand on Vessel, 2G (Coucher) is the Burdened or Give Way. 2S (Smurf) should hold course and 2G (Coucher)should avoid 2S (Smurf).
When Crossing:
Every boat has a "Danger Zone" from straight in front (the bow) to past the middle of its right side. Like when meeting another car at a street intersection, the one on the right has the right of way. You must yield to boats in your Danger Zone. If you are the skipper of the Vessel A in the center of the diagram, you must keep out of the way of any boat that approaches you from any direction within the indicated Danger Zone, as you are the burdened craft. Likewise, boats approaching you from all other directions, except the meeting vessel, must keep clear of you.
Final Thoughts from The Monkey:
No matter how you look at this the couch was wrong in both the letter and the spirit of the law. He would have been cited for breaking the law long before the matter of right of way would have came up. For arguments sake he (the couch) was clearly the give way vessel and the smurf was the stand on or right of way vessel.
1) The size of a vessel having the right of way only pertains to vessels that are much much larger (and therefore less maneuverable). Rule #1 the less maneuverable vessel always has right of way. In this case The Smurf being the departing vessel and being a stand up that is much less maneuverable at low speeds: Smurf Wins!
2) Following the rules of the road The Smurf was in the danger zone and was the stand on vessel having the right of way! Smurf Wins again!
p.s. I am have TAKEN the course... and I am a couch rider with the soul of a stand-up guy!
ouble Helix.
