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(no email)
Date: Mon Nov 20 2006 - 21:48:00 EST
Not trying to be argumentative, but pondering the circumstances.
As I read the quotes below there was no dispute that said vessel was a
power boat. The issue was whether it was under way. since it was making
way, it was.
Contrast to circumstance of a sailboat (or sailing auxiliary if we
must), making way under sail, with engines running (perhaps charging
batteries) but not engaged to transmission (so no mechanical
propulsion, only sail power).
Is such vessel:
* a sailboat
* a power boat
* a sailboat under power?
Steve
> I think you are wrong on this ........ a sailboat is not a power
> driven vessel until it engages the prop. Until then, a running engine
> is no more than a generator ... You can operate legally as a sailboat
> until you engage the prop and propel the boat with the machinery.
> http://www.navcen.uscg.gov/mwv/navrules/pops/def3b_PDV.htm
> Rule 3 - General Definitions
> The term 'power-driven vessel' means any vessel propelled by
> machinery;
>> The regs as published in such docs often are not detailed in
>> interpertation.
>> Here is an actual and famous recent case that shows I am correct on
>> this point (there are other more important points in the case). In
>> it, a fishing vessel drifting with its engines running but in neutral
>> was found to be "underway". See "the LADY OLIVE MARIE was drifting
>> at 1 to 1.5 knots with her engines in neutral." and " the record
>> reveals that the LADY OLIVE MARIE met the statutory definition of a
>> power driven vessel "underway"". Link below.
http://caselaw.lp.findlaw.com/cgi-bin/getc
ase.pl?court=4th&navby=case&no=961209p
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