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Tom Sawyer

Are You Responsible for Your Wake?

Are You Responsible for Your Wake?  

432 members have voted

  1. 1. Scenario 1 - You go to your favorite cove to find that a dock has been installed and a boat is tied up there. You continue with your activity of choice. Even though the cove is NOT a no-wake cove, and you maintain a "Safe" distance from the dock, your wake rocks the boat and damages the gel coat

    • You are responsible for the damage done to the boat.
      96
    • You are not responsible for the damage done to the boat.
      336
  2. 2. Scenario 2 - You go to your favorite cove to find two boats floating together. Once again, you continue with your activity of choice. Even though it is NOT a no-wake cove, and you stay a "Safe" distance from the other two boats, they bump together and are damaged.

    • You are responsible for damage done to either or both boats
      71
    • You are not responsible for damage done to either boat.
      361


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Tom Sawyer

Tell us how you voted and why.

Tell us your strategy for doing what you love while attempting to keep the peace.

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2wayskier

If you're not in a no wake zone, you shouldn't be responsible, from a safe distance, for the way people tie up there boat. They should be aware that it is not a no wake zone.

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chrisallenhogs

I voted that way because I'm sick of this country having people blame everybody else for their problems. If you don't know how to properly tie up your boat with bumpers and know how much wake water is going to come in, then don't be on the lake. Water is a moving substance, It could be a large wind that moved the water.

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LiQUiDSX

Simple. Be more cautious when securing your boat.

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txwakejunkie

Wake zone or no wake zone, tie your boat up for max protection, you never know!

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vlxjeff

i don't know about Missouri, but in California, you'd be responsible. It's the law. You are always responsible for any damage caused by your wake.

The hard thing is to prove a specific boat's wake caused damage to your boat.

In scenario #2, I've done this many times and never had a problem. But then again I would expect a couple boat's that are rafted up to hold each other off , assuming there are people on the boats, as a wake hit them, to prevent damage.

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68Slalom

The key word is "safe" distance!

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liljohn

Let me ask this can I sue mother nature when an earthquake knocks my chimney over? Can I sue the god of lightning for starting a forest fire that burned down my cabin? In my eyes America needs to grow up and start taking responsibility for its own actions. If you cant tie up your boat so it doesn't get damaged then you better start sending the gel coat repair man a bottle of whiskey for Christmas. If you cant afford to fix it don't own it. The reality is that LIFE happens you can roll with it and be happy or you can fight it and be miserable. we all complain about the countless laws in this country. Well guess what those laws came from some cry baby who went and sued someone and had a better lawyer. MAN UP AMERICA!

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Matt_Alger

Unfortunately, In the eyes of the law, people ARE responsible for their boat's wake so I'm not sure it matters what any of us think regarding this topic. What does matter is what we do to preserve our rights to continue our sport on public lakes.

I agree that way too many people want to blame the result of their own stupidity on someone else but, playing devil's advocate: How big of wake must one expect on a calm day when you tie up your boat? 1', 2', 4', 8'?

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chrisallenhogs
Let me ask this can I sue mother nature when an earthquake knocks my chimney over? Can I sue the god of lightning for starting a forest fire that burned down my cabin? In my eyes America needs to grow up and start taking responsibility for its own actions. If you cant tie up your boat so it doesn't get damaged then you better start sending the gel coat repair man a bottle of whiskey for Christmas. If you cant afford to fix it don't own it. The reality is that LIFE happens you can roll with it and be happy or you can fight it and be miserable. we all complain about the countless laws in this country. Well guess what those laws came from some cry baby who went and sued someone and had a better lawyer. MAN UP AMERICA!

Amen!

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bigD

I wouldn't purposely through a wake next to a moored boat but It's a lake, People use boats, theres wind there's going to be waves, So tie up your freaking boat so it won't get beat up you dumb @ss.

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martho

Yes, you are responsible in both scenarios.

I've been down this road before.

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Bill_AirJunky

Unfortunately the law is a little more black & white. It says your liable for your wake. And if they can prove that it was your wake that caused it, then your going to be in for some trouble.

The problem is that stupid people caused this to happen. We had a situation just a couple weeks ago. I'm riding & we're going along the shoreline, counterclockwise around the lake, just about 100' from the shore & not much more. So anyone coming head on at us should go to their right, and we'd stay to our right. Two guys surfing in a 205 come head on at us, and stay to their left, hugging the shoreline. He was heavily sacked & throwing a huge wake. They were inside of 50' from the shore when they went by us. People standing on the dock were none too happy.

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Sixball

I live on a lake and I would never tie up to the dock. I think it is my responsibility to keep my boat safe. If we raft we are on the boat and hold the boats apart if its rough.

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NvBoarder

It's not my fault the dumbass can't tie up properly, oh wait I got it, its the boat manufactorers fault for making a boat that puts out to big of a wake. Tease.gif At least thats how I'm sure it would work in Cali Crazy.gif

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DIE2SURF

I believe the law is 200 feet. That's what the Sheriff told me on the river. I can have as big a wake as I want, so long as I make it more than 200 feet away from a boat tied to a dock (assuming it's NOT a no wake). However, if a Sheriff is tied to another boat, it's No Wake no matter what. again, this is coming from a Sheriff on the Sacramento River in Sacto, CA.

http://www.boatus.org/onlinecourse/statela...rnia.html#speed

The maximum speed for motorboats within 100 feet of a bather and within 200 feet of a bathing beach, swimming float, diving platform or lifeline, passenger landing being used, or landing where boats are tied up is 5 miles per hour.

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Bake's Marine
Let me ask this can I sue mother nature when an earthquake knocks my chimney over? Can I sue the god of lightning for starting a forest fire that burned down my cabin? In my eyes America needs to grow up and start taking responsibility for its own actions. If you cant tie up your boat so it doesn't get damaged then you better start sending the gel coat repair man a bottle of whiskey for Christmas. If you cant afford to fix it don't own it. The reality is that LIFE happens you can roll with it and be happy or you can fight it and be miserable. we all complain about the countless laws in this country. Well guess what those laws came from some cry baby who went and sued someone and had a better lawyer. MAN UP AMERICA!

Rockon.gifRockon.gifRockon.gifRockon.gifRockon.gif

loud and clear

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Faceplant409

In Cali you'd be 100% responsible. Is it right....debatable...

Its about respect and right of way. Fishermen and <gulp> even jet ski lice deserve some consideration.

Patrick

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Tom Sawyer
Yes, you are responsible in both scenarios.

I've been down this road before.

Not disagreeing with those of you that think you could be held responsible, but does that mean that anybody who doesn't like you and/or your activity can shut you down at anytime and anyplace they want to? If you are responsible for any wake you make, it does.

Example: My buddies and I want to fish in the cove where wakeboarding is already taking place. All we must do is tie our boats together and it's ours?

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LS-One

Here's what the Coast Guard says.

What are the regulations concerning wake effects, wake damage, and responsibility? Regarding one's wake, vessels over 1600 Gross Tons are specifically required by Title 33 CFR 164.11 to set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property (46 USC 2302). Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (Rule 2), which, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or State Boating Law Administrator.

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The Hydro Foiling Plumber

I say your not responsible in either scenario. It comes down to respect of others around you.

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Arkid
If you're not in a no wake zone, you shouldn't be responsible, from a safe distance, for the way people tie up there boat. They should be aware that it is not a no wake zone.

Plus1.gif exactly!

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martho

I've been involved in one of these cases where it went to trial in IL.

Bottom line was the operator of the vessel is responsible for any damaged caused by the wake the boat creates in any manner.

For those who talk about distances, what do you do if the river is only 150' wide and you have piers around?

post-77-1212542819_thumb.jpg

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Bill_AirJunky

I think some of you are missing the point of the law. My guess is they were put in place because people don't allow a safe distance between themselves & a dock/boat/swimmer, etc. Every one of us has seen it numerous times. And when someone with an enhanced wake does it, the damage can be significant.

We have 17 boat slips on our dock at my house. Mine is the 3rd one out from the shore, or 5 from the lake end. We've had people go by so close the entire dock was rocked, breaking cleats & the docks themselves. My boat never came untied from the dock. But the dock the boat next to me was tied to snapped, causing a pile-up. And thats my own fault for not tieing my boat up right?!

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lakewaterjunky

On scenario 1) It’s a bummer that someone would be issued a permit for a dock in an area that someone may have enjoyed before, but this circumstance would still constitute polite, rational behavior. Whenever there is a presence of this type it is just plain common courtesy to keep from making a large disturbance near enough to someone’s valuable possession such as their boat.

Under scenario 1, it may not be right to be legally liable for damages, but it sure would be inconsiderate and have some justification for you to pay for damages.

On scenario 2) If there are people and boats there already and it would seem that they wanted some piece and quite, or at least some calm water to relax, talk together or maybe swim (especially if they have children). They were there first and they likely just want to be left alone to enjoy that aspect of boating for a while and the calmness would be possibly desired for any kids swimming etc.

For someone to rudely disturb them so much as to rock their boats together enough to make them uncomfortable or to damage something, there is a common, inconsiderate word used sometimes for people that act like this. Whistling.gif

The best thing for both of these situations (and the most considerate) would be to simply find another cove or use the main channel/body of the lake or waterway if you are going to disturb the water that much imo.

In scenario 2, I would be more concerned first with an angry (justifiably so) again imo, owner. Then second, a legal liability for damages, both of which can be avoided by using common courtesy. Thumbup.gif

Edited by lakewaterjunky

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