Coast Guard Over-Reaching the Law in Chesapeake

[hotajax]

The printed regs tell you that for a 16-footer to 24-footer (give or take one or two feet) that you have to have a throwable life-saving device aboard. I know a guy personally who received a ticket for $100 for NOT having a rope attached to his throwable. Please note, that the regs do not specify that you have to have a rope, at least the version I've seen. Admittedly it makes sense, but if it was a requirement, then why wasn't it printed?

Did some research on my own. I went over to the Coast Guard base in Crisifield Maryland and asked 3 different guys what the law is. Predictably, I got three different answers. One guy said the rope wasn't required, one guy said the rope was to be a minimum of 25', and another guy said 50'. That's the US Govt for you. BTW, the guy who got the ticket for not having the rope had his ticket written like he had no throwable at all.

 

[alwood0422]

Typically the Coasties aren't that picky. Unless he did something to really piss them off. I don't think there is a law at that length for a rope attached, but I have been out of it for a few years. There is always a few bad apples in any group, I just hope it doesn't make you think bad of the whole organization. Also there is 2 sides to every story. Did you witness this first hand, or are you getting it from your friends point of view?

 

[Curmudgeon]

The ticket would have to cite the law that was violated. If not, should be "case dismissed". Someone will have to testify for the gubmint, if he can't cite the law violated, "case dismissed" ... :wink:

 

[hotajax]

Message for Alwood

I did not witness the incident. He told me the day he got the ticket. He had been boarded the day before for a routine inspection, and came up clean. They even gave him the "receipt" that he had been boarded, meaning that if he had contact with the CG again, he essentially had a free pass and they were supposed to leave him alone. Fact is, another crew boarded him the very next day, and he got the ticket for the "no rope" business. They completely blew him off when he showed them the receipt from the day before.

Sorry to have to tell you this because not every CG sailor is like that. But they have become quite obnoxious out of that Crisfield Station. Rumor has it that their commanding officer wants more tickets written. Like you said, there are rotten apples in every barrel. It usually starts at the top.

 

[fishie1]

I did a vessel safety check on my neighbor's boat last year and he passed with flying colors. A week later he was stopped by local water cops and given a ticket for not having an orange flag to wave as a day signal. He did have flares etc. but this cop was convinced (incorrectly I might add) that an orange flag was mandatory. I printed out both the federal and local requirements for my neighbor which clearly states that his flares qualify as valid day signals and told him to take that as evidence to court. Judge threw out the case immediately.

The cop did not want to hear any argument about the fact that the vessel just passed a safety inspection or that the flares would be more than sufficient. He knew what he knew and nobody could tell him any different. Except the judge of course. Unfortunately my neighbor had to take a day off work to defend himself.

Your friend should fight the ticket.

 

[seasick]

I had a vessel saftey check and the Coast Guard Aux persion asked to see my flag. I have one becase I was told it is mandatory.

 

[Sean O'Grady]

I had a vessel saftey check and the Coast Guard Aux persion asked to see my flag. I have one becase I was told it is mandatory.

It is in NY state.

 

[fishie1]

The flag is not mandatory according to the USCG, NYS or NYC regs. Day signals are mandatory of course and distress flares or meteor flares will meet the requirement for both day and night. If the flares are on board you do not have to have an orange flag.

Keep in mind that there is often a difference in meeting the minimum legal requirement and what may be considered prudent and you very well may want to carry more than the minimum.

http://www.uscgboating.org/safety/fedreqs/equ_vds.htm
http://nysparks.state.ny.us/boating/doc ... _guide.pdf page 24

It would be incorrect for you to receive a summons if you did not carry an orange flag but had the appropriate and equivalent pyrothechnic signals on board. Such was the case I explained above.

 

[Barry Pugh]

I have been checked by the CG in the lower Potomac River. No rope and no ticket or warning.

 

[timmons]

We go through the same thing up here on the Canadian/New York border. The St Lawrence IS the border for a long way. The Canadians like ropes on the throwables, while NY doesn't specify. I carry both. We also go through a dance with flare guns. Canadians have outlawed everything, and I've gotten different opinions from them regarding whether or not a flare gun is one of those terrible guns they have fits about. I still have no idea what they want. I guess with Prez Obama in soon we won't have anything that looks like a gun either. I'll feel safe then.

 

[hotajax]

Update on Crisfield, MD Coast Guard

This is a personal incident, not hearsay. I went fishing last weekend. Coasties were swarming the mouth of the harbor in Somers Cove. The only boats that got free passes were the crabbers and the tree-huggers from the Chesapeake Bay Foundation. If you weren't one of those, then pull over. Got the safety inspection which wasn't too hard. But then the Second Class Petty Officer on the boarding party told me my throwable had to be out on deck at all times. That is NOT in the regs. Didn't give me a ticket, but that clearly is a made-up law. It makes sense, but still, it isn't printed in the provision of the law for a throwable.

 

[Curmudgeon]

This is not in the regs.

This is, though, Throwable devices must be immediately available for use. "Immediately available" means in easy reach for quick deployment, in a compartment or down below doesn't get it.

Wearable PFDs, otoh, only have to be "readily available". They can be stowed in a compartment or down below as long as they can be quickly retrieved and donned. In a zipped bag, a plastic wrapper, or stowed under a bunch of stuff doesn't cut it for "readily", either. :?

 

[timmons]

It's getting to be where you have to have a lawyer or a politician on board the boat WITH you. I think the problem is youth. Too many of our law enforcement people are too damn young, and at times, at times mind you, there is a weeee bit if an ego problem. Reminding them of this is not something we should avoid entirely.

Now don't jump me and accuse me if disrespecting cops, as I am one. But sometimes the best thing you can see at an accident, a boating scene, or any other place of stress is an older, more experienced officer. The retirement policies tend to ease them out just as they get very good at their job. Only to be replaced by rookies.

My opinion.

 

[hotajax]

For Timmons

You are dead-on right about the more experienced officers. I was stopped several years ago when I was running a little Boston Whaler Super Sport, which is a 15-footer, a real giant for the Chesapeake, right? So they stopped me, I figured how much can they check me for on a small boat like that? This non-rated sailor on the boarding party kept challenging me for equipment that I didn't need since I was under the size requirements for certain types of gear. He kind of reminded me of Opie (Ronnie Howard) on the old Andy of Mayberry TV show. The senior petty officer on board finally told him, in effect, to shut up because the more he talked the dumber he looked. Once we got little junior out of the way, I was soon on my way. I know "they're just doing their job", but when I hear the Commanding Officer of the local station wants more tickets out of his boarding parties, that really rubs me the wrong way.

 

[mronzo]

This is not in the regs.

This is, though, Throwable devices must be immediately available for use. "Immediately available" means in easy reach for quick deployment, in a compartment or down below doesn't get it.

Wearable PFDs, otoh, only have to be "readily available". They can be stowed in a compartment or down below as long as they can be quickly retrieved and donned. In a zipped bag, a plastic wrapper, or stowed under a bunch of stuff doesn't cut it for "readily", either. :?

When I got boarded by the CG 2 yrs ago they asked where the throw able was, I said it's in the cabin. He says it's should be "readily available",
I said normally it IS but as you can see I'm BY MY SELF!
I passed!