The One Boating Rule That Can Make You Partly Responsible for Someone Else’s Mistake

There is a professional solution to avoiding the grief. It's called the "Responsibility Rule."

There is one marine regulation that completely changes the way boaters think about boating and dictates how they operate their boat. Surprisingly, few boaters know about this rule and even more do not understand its full implications. The time it takes to read this short article could save you a boatload of grief.

Rule 2 of the Convention on the International Regulations for Preventing Collisions at Sea (COLREGS), often called the "Responsibility Rule," states that: "The person in charge of the boat must do everything necessary to avoid a collision." This seems like simple logic, until you realize how it can directly become a nightmare for you, as an experienced and careful boater.

The first point to understand is that rules on water are not the same as rules on land. On land, if someone runs through a stop sign and hits your vehicle, you are clearly not the guilty party. On water, the situation is not as clearly defined. For example, if a boater strikes your boat because he ignored the rule that states he should “give way," you may be found partially at fault. Under the applicable rules definition, the bad boater may claim that you could have taken action to avoid the collision, and didn’t. It gets even worse when a boater runs into your boat while you are dead stopped. The boat that ran into you may claim that you were stopped in a dangerous place, or even that you could have seen them coming and moved out of the strike zone, even if it had been illegal for you to do so. Unfair as it may seem, these liability rulings happen every day in a great many small boat incidents.

Fortunately, there is a simple way to avoid finding yourself involved in another boater’s mistake. It may require a little ‘situational awareness’, but the payoff is well worth it. Almost all boating accidents are caused by bad boaters, so it follows that when you spot and avoid a bad boater, you are less likely to be involved in another boater’s problem. Spotting bad boaters before they enter your space on the water allows you to give them a wide berth and dramatically reduce risk. Here are seven bad boater traits to look for and identify inexperienced boaters and/or those most likely to cause problems.

Watch for boats with their fenders hanging down on the side of their boat. Flopping fenders will scratch a boat’s gel coat or paint and can splash rear seat passengers. Fenders are meant to be stored when the boat is running. This guy is either an uneducated boater or just plain lazy. If he does not care about his boat, he certainly will not care about yours.

A nearby boat is cruising slowly but with a person sitting on the bow with their legs dangling over the side. This driver has never seen what a person looks like after they have gone through a spinning propeller. This driver doesn’t care about his passengers, and you don’t want him to endanger yours and be able to claim that you were too close and partly responsible.

You respect slow zones because you know that boat wakes destroy shorelines and damage docks. The guy who doesn’t respect this is a bad boater. Don’t let him destroy your boat, too. Steer clear. If everyone in your boat points to the speeder’s wake, he might get the message.

Every boater faces intersecting traffic scenarios where “stand on or give way” decisions are called for. The next time you are making such a decision, give priority to keeping a good distance from the other boat no matter what action he is taking or who is technically correct. It will eliminate all collision risk and make you feel good, too.

The next time you are approaching an unfamiliar dock to tie up, and you see a boater that can’t seem to dock smoothly, be wary and don’t dock next to him. Any boater who has taken professional boating lessons will find docking an easy task, so a boater who struggles is not necessarily to be trusted. It's possible they are simply having an off day, but no need to risk it. The boat he scratches may be yours.

Most boaters like to think that their boat is fast. If another boater enters your space looking for a challenge, let it go. Their boat may not be faster, but anything that could be interpreted as ‘racing’ could involve you in a messy situation. If you can’t resist the “need for speed," there are plenty of professional racing organizations that would welcome you as a member. And you are insured.

One final boat to avoid is the party boat. We all know that reaction ability is reduced when alcohol is consumed. These boats are harder to spot, but avoid them if you can.

Understanding the ‘must do everything that you can’ responsibility rule puts a different spin on how you should drive your boat. Identifying other boats that can get you into trouble becomes an important safety practise.

And staying out of trouble is better for all parties involved. #tips #quicktips