COLREGS and vessels propelled by oars or paddles

[Pete17C]

Originally Posted by StuM

It was just one of several examples showing that the common meaning and various legal definitions of "mechanical power" is "non-person power" contrary to the claim that it used to be in COLREGS and included "person power".

I'm still waiting for any evidence that it ever was in COLREGS, or any cite of that being a valid interpretation of the term anywhere.

this one even includes sailboats as 'mechanical transport'

TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 6300_MANAGEMENT OF DESIGNATED WILDERNESS AREAS--Table of Contents
Subpart 6301_Introduction
Sec. 6301.5 Definitions
...
Mechanical transport means any vehicle, device, or contrivance for
moving people or material in or over land, water, snow, or air that has
moving parts. This includes, but is not limited to, sailboats,
sailboards, hang gliders, parachutes, bicycles, game carriers, carts,
and wagons. The term does not include wheelchairs, nor does it include
horses or other pack stock, skis, snowshoes, non-motorized river craft
including, but not limited to, drift boats, rafts, and canoes, or sleds,
travois, or similar devices without moving parts.

[Jammer]

Originally Posted by Pete17C

this one even includes sailboats as 'mechanical transport'

TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
PART 6300_MANAGEMENT OF DESIGNATED WILDERNESS AREAS--Table of Contents
Subpart 6301_Introduction
Sec. 6301.5 Definitions
...
Mechanical transport means any vehicle, device, or contrivance for
moving people or material in or over land, water, snow, or air that has
moving parts. This includes, but is not limited to, sailboats,
sailboards, hang gliders, parachutes, bicycles, game carriers, carts,
and wagons. The term does not include wheelchairs, nor does it include
horses or other pack stock, skis, snowshoes, non-motorized river craft
including, but not limited to, drift boats, rafts, and canoes, or sleds,
travois, or similar devices without moving parts.

The important application of that law is to the BWCA (Boundary Waters Canoe Area, that is, several chains of lakes west of Lake Superior).


The agencies that manage the BWCA have interpreted it to mean that rowboats (with oars) are OK because they are not really mechanical. It is OK to rig up a tarp on a pole for downwind sailing, but actual sailing canoes aren't allowed because leeboards, rudders, blocks, and cleats are all "mechanical."


Of course the canoes are all plastic and they use mechanical campstoves so it's unclear exactly what tradition or what point in history they're trying to carry forward.



Ultimately it's all a highly strained and inconsistent reading that serves to limit the use of the area to particular favored forms of recreation. Because of that, I don't think it's a useful way to understand what "mechanical means" is about in a broader context.

[Montanan]

Reference: https://www.thelog.com/ask-the-attor...road-part-iii/

"All vessels, including rowboats, paddle boards and kayaks, are governed by Rule 2(b), which provides that “due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.” Rowboats and sailboats will experience different limitations under different conditions, and the evaluation of the respective rights of each vessel will require their respective operators consider those limitations. The bottom line often comes down to an evaluation of who is the more maneuverable vessel in any given encounter."

[billdomb]

Originally Posted by Jammer

The increased popularity of kayaks and paddleboards has led to an increase in the number of human-powered vessels. I myself enjoy getting on the water in these vessels when I am not sailing.

What is the best way to respond to competitive rowing groups who teach their members that rowers have right of way over all other vessels?

And, beyond see and avoid, what about waking out? Many boats go by us without running us over, but some at full throttle. Enough to have tossed us out of our kayaks a few times.

[KP44]

Originally Posted by Cpt Pat

I would have given them a more accurate response: "No one has 'right of way'. Ever. There is no such thing on the water!"

This is the point that very few seem to comprehend.

We might yield to others. It is even called, "Yielding right-of-way." But no one ever "has right of way".

It's the same as driving a car. We yield to others but they do not ever "have right of way." That condition does not exist.

"Never insist on taking the right-of-way. Note that the law does not allow anyone the right-of-way. It only states who must yield. When a driver is legally required to yield the right-of-way but fails to do so, other drivers are required to stop or yield as necessary for safety. So, if another driver does not yield to you when he or she should, forget it. Let the other driver go first. You will help prevent accidents and make driving more pleasant."