Wakesurfing criminal offense in WA???

[Cory]

So, a year ago shortly after we got the new boat we were also pulled over by the Bonney Lake PD boat for a different violation. I was crusing between 5-10 mph while my wife was suntanning on the sunpad. Again, the officer was very nice, but he indicated that it was not legal to be underway while someone was on the sundeck. At the time the rule sounded reasonable, so I didn't second guess it--until now...

The pertinent rule in Pierce County is:

8.88.165 Negligent Operation.

E. Bow, seat back, gunwale or transom riding, when operating in excess of five miles per

hour unless seating is specifically designed for that location.

Since I assume sundeck or sunpad could arguably qualify as the "seat back" and I probably was exceed 5 mph by a little, I guess I will give the officer this one.

As much as I can't stand the BLPD, I think your going to lose this one. And not just in Bonney Lake, but anywhere in WA. There is a very clear difference between the sitting down on the seat & up on the sunpad in most boats. Clear enough that even a judge can see it.

One WA law that I just found out about is a mandatory 5 mph after dark. I know it's not terribly safe, but I never knew it was against the law to go 20 or 25 mph on the lake after dark, no matter how good you can see. And I've never heard of anyone ever getting a ticket for it either.

First off, I want to make clear, in general, I think the BLPD are kind and doing a good job. I'm not ready to let one minor incident taint my opinion of the whole BLPD or even that one officer. He was kind, just perhaps a little misinformed. Everybody makes mistakes now and then, its how we react when those mistakes are brought to our attention.

Oh ya, slow down at dark (I thought it was 8 mph). In the last two years on Lake Tapps there has been two fatalities from people speeding at night (of course they both involved an intoxicated driver as most incidents do). Last year a drunk driver drove right up and over the back of another boat and killed the driver of the other boat. I believe his trial is still pending. Earlier this year, an intoxicated off duty police officer (sad irony) was speeding at night time. He turned around a point thinking he was heading down a passage that leads to another section of the lake. Unfortunately, he turned one point to soon and endup up speeding down an inlet that terminates with a land bridge. When he suddenly hit the road at the end of the inlet, he killed his passanger and lost both of his eyes when he impacted the top edge of the windshield. Speeding at night time can be dangerous--particularly if you have been drinking...

Edited July 9, 2009 by Cory

[MalibuTime]

So, a year ago shortly after we got the new boat we were also pulled over by the Bonney Lake PD boat for a different violation. I was crusing between 5-10 mph while my wife was suntanning on the sunpad. Again, the officer was very nice, but he indicated that it was not legal to be underway while someone was on the sundeck. At the time the rule sounded reasonable, so I didn't second guess it--until now...

The pertinent rule in Pierce County is:

8.88.165 Negligent Operation.

E. Bow, seat back, gunwale or transom riding, when operating in excess of five miles per

hour unless seating is specifically designed for that location.

Since I assume sundeck or sunpad could arguably qualify as the "seat back" and I probably was exceed 5 mph by a little, I guess I will give the officer this one.

As much as I can't stand the BLPD, I think your going to lose this one. And not just in Bonney Lake, but anywhere in WA. There is a very clear difference between the sitting down on the seat & up on the sunpad in most boats. Clear enough that even a judge can see it.

One WA law that I just found out about is a mandatory 5 mph after dark. I know it's not terribly safe, but I never knew it was against the law to go 20 or 25 mph on the lake after dark, no matter how good you can see. And I've never heard of anyone ever getting a ticket for it either.

Bill, where did you get the 5MPH limit from? I am just trying to learn the specifics, thanks. I reviewed RCWs and WAC and the Coast Guard Navigation Rules and cannot find any reference at all to a specific speed. The prevaling rule is basically this:

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

With some qualifiers attached, but no specific speed limit. Thanks, just trying to make sure I can find it in writing.

Here are the links if anyone else has some time to kill...

Washington

http://apps.leg.wa.gov/RCW/default.aspx?cite=79A.60

http://apps.leg.wa.gov/WAC/default.aspx?cite=352-60

Coast Guard - applies to all 50 states including inland waters

http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm

Edited July 9, 2009 by TheBlackPearl

[Cory]

BlackPeral,

The speed limit on Lake Tapps is regulated under Pierce County code 8.88 (see below), so I assume you will have to look to King County boating laws to determine your local after dark speed limit. I've cut and pasted the relevant sections for Pierce County.

8.88.150 Speed Limits – Fresh Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator

in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance

ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour,

or at a speed which produces a damaging wake, within 200 feet of any shore, dock, bridge or

public swimming area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any

public boat launch; provided further, that it shall be unlawful to operate vessels in excess of eight

miles per hour after legal sunset in waters not regulated by the five miles per hour law.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 2 (part), 1997; Ord. 90-105 § 2, 1990; Ord. 84-62 § 1 (part), 1984; prior Code

§ 43.04.014)

8.88.151 Speed Limits – Salt Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator

in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance

ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour,

or at a speed which produces a damaging wake, within 200 feet of any shore, dock or public

swim area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any public boat

launch.

Edited July 9, 2009 by Cory

[MalibuTime]

BlackPeral,

The speed limit on Lake Tapps is regulated under Pierce County code 8.88 (see below), so I assume you will have to look to King County boating laws to determine your local after dark speed limit. I've cut and pasted the relevant sections for Pierce County.

8.88.150 Speed Limits – Fresh Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator

in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance

ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour,

or at a speed which produces a damaging wake, within 200 feet of any shore, dock, bridge or

public swimming area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any

public boat launch; provided further, that it shall be unlawful to operate vessels in excess of eight

miles per hour after legal sunset in waters not regulated by the five miles per hour law.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 2 (part), 1997; Ord. 90-105 § 2, 1990; Ord. 84-62 § 1 (part), 1984; prior Code

§ 43.04.014)

8.88.151 Speed Limits – Salt Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator

in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance

ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour,

or at a speed which produces a damaging wake, within 200 feet of any shore, dock or public

swim area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any public boat

launch.

Thanks, I should have added that local ordinance -city/county- disclaimer since that can add a twist by location.