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Your wake and your responsibilities...

8.3K views 38 replies 25 participants last post by  Dave S  
#1 ·
I expect this post will generate some good discussion.

This weekend, we had a visitor at our marina on Friday night. A 92' Lazarro docked around 9pm.

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We were out on the river having dinner and arrived later about 10:30pm. After we docked, our dockmates told us that this vessel came in "hot", much too fast, and sent a 4' wall of water into our marina, which is open to the river without any breakwall. Boats were being tossed like corks, including a 40' Sundancer. A 27' Bayliner had the initial wall of water from the wake wash over - OVER - its bow while it was docked.

Noone was pleased.

Later, we heard that a boat was swamped by a wake with 8 people on board only a mile or so from our marina: http://www.buffalonews.com/city/communities/west-side/article508200.ece

The next day we headed out into Lake Erie, only to turn back because the 5 footers were more than my passengers were prepared for, and as we passed under the Peace Bridge back into the Niagara River, we saw the big Lazzaro coming for us. My wife grabbed my iPhone and did her best to video the wake. I came off plane, and at the end of the video you can see the gigantic wake pass under us. Wow...

There are some reports of broken docks, lost water toys, etc. up and down the river...

[video=youtube;Wn25CnVu0f0]http://www.youtube.com/watch?v=Wn25CnVu0f0[/video]

About a quarter mile after the Lazzaro passed us, the Sheriff's RIB boat came flying past us, possibly to meet up with the big boy out on the lake...

Wild stuff...
 
#2 ·
We see this all the time around here. Big boats just don't care. We normally get the people who move here, have a **** load of money and buy a big boat for the first time. Of course they don't take any type of training so they wing it and that's what you end up with. I didn't think the wake in your video was that bad, especially being in the middle of the river but the damage at the dock is plain stupid.
 
#3 ·
Wake video always looks small!! We were in Miami all last week due to the Bimini trip being cancelled. We went out of the inlet a couple times to see for our self how big the water was and I tried to video it. It looked like 2's in the video and I assure you Thursday and Friday had 6-8's! We came back in and stayed in the ICW! I'm sitting at my desk right now still swaying back and forth...lol
 
#4 ·
I agree that vidoe doesn't do waves justice. It really sucks your trip was cancelled. Hopefully you had some fun at least. Did you head to South Beach at all and see all the bizarro's? How did your boat take the 6-8's? I don't think I would want to venture out too long in those types of waves. I used to live in Melbourne Fl and the Atlantic is waaaay different than the Gulf. I'll take the Gulf anyday!
 
#6 ·
I wasn't doubting you on the size of the wake. We have many large boats in our area and many do the same thing as you experienced. I was saying that the video didn't do it justice.
 
#7 ·
Yes some people don't care or know what their wake does to others. That was odd to see a lazzara running like that. Usually they are on plane running around 35-40mph. They are pretty fast yachts. If someone really wanted to push the issue you are responsible for your wake so they could go after him. Not sure how that works up there. We have one that comes through twice a year but teal green and he runs on plane but his wake isn't terrible. He does slow down for rafted up boats though. I agree that rolling up to a dock like that not only is dangerous but down right stupid. With a billboard like that screaming "I have money" seems you would want to stay a bit low key when doing something like that at a marina.
 
#8 ·
If someone really wanted to push the issue you are responsible for your wake so they could go after him.
You may want to search on "contributory negligence." I seriously doubt anyone out in open water that is known not to be a no wake zone in a 14' boat with 8 people in it b!tching about boat wakes is going to have any case... definitely not in Virginia.

The marina is a different issue... if it's a no wake zone. I've seen marinas next to rivers that are not no wake zones... bad idea to leave your boat at one of those.

The whole "You are responsible for your wake" depends on where you are, what expectations are, and what jurisdiction you are in. It's not a catch all phrase.
 
#10 ·
I've seen people put up no wake signs on their docks all the time. You have to have the zone established as a no wake zone and then put up a sign (and they'll put in a no wake buoy). Just putting up a sign is meaningless. That would be like me buying a house under the airport runway and then posting a sign in my front yard that says "No jet noise".
 
#13 ·
Looked like there were a lot of boats in close proximity ,i would think slowing down would be a good idea for all boaters in that situation ,but there are always a few that arent going to think about anyone but themselves.Its a good thing you saw him and didnt hit that wake at plane or you could have lost a passenger off the back of your boat.
 
#15 ·
Sometimes the issue is more about common sense, and respect for others... Not whether or not there was a defined no wake zone. In this case I think one could argue that the captain was operating the vessel like a jackass...
 
#18 ·
I agree with that. Unfortunately, there is no law against being a jackass. There would be a few congressmen in jail if that were the case.

I get yelled at all the time for my wake... and it's not by marinas or swamping boats in close quarters in a channel - I pretty much come off plane all the time for that. But I have run into small metal jon boats with 4+ people on them miles from shore and they'll yell at me on a handheld radio that I'm responsible for my wake. Give me a break. What the hell are they doing out there to begin with? What if the wind kicked up? Going to sue God? I have ocean going tugs yell at me because of my wake... it's stupid.

My point on the wake is not to defend some ass waking a marina with a 90 foot boat, but if you are taking a small boat out in open water that big boats travel in all the time on plane, don't expect to change the dynamics of the area. That would be like going to NY harbor and hanging out in a jon boat. You'll die. (that place is a mess).
 
#16 · (Edited)
On our Lake in White Hall/Montague, there is a NO WAKE law for boats over 40 feet, I don't get it...because a 39 footer throws the same wake as my 480.., but I obey because that's what I've been programmed to do, it's a Coast Guard Law... so best believe it will hurt..It's nice to get out onto Lake Michigan then you don't have to worry, except when you come up on a kayak or row boat, I'm always aware of my wake....but can't say the same for others..
 
#17 ·
On our Lake in White Hall/Montague, there is a NO WAKE law for boats over 40 feet, I don't get it...because a 39 footer throws the same wake as my 480.. [/B]
That is a stupid law. Politicians are idiots. I guess if you want to own a big boat, it might as well be a trawler.
 
#19 ·
We have a new law here in MKE, No Wake is alowed in the inner harbor ( Inside Breakwall ) 2 hours prior and two hours after any fireworks show. It used to amaze me that w/ 200 boats headed to a 150' wide channel entrance some clowns felt the need to open up a small go fast while on a cell phone and try to play bumper boats. It does make me appreciate the air compressor and two low tone horns on the hard top!
 
#20 · (Edited)
This is a good one. Last year we were returning to the marina doing "trawler speed" down our favorite river when this guy from an anchored boat comes chugging across my bow in a little dinghy. [Note: we can only go 9-10 knots/off-plane as we have a bum engine]. At first I stayed on-course as he would be past by the time I reached him but the idiot slowed down and stopped right in my path. I blew the horn but no response so as a good sailor should, I altered course; hard to port. The nut case speeds up and places himself in my path again. WTF? :smt013

It is now clear this guy has an "issue" but I don't want my insurance rates to go up so after several turns and avoidance maneuvers, including backing down to idle speed, he passes me along side (but not to close that I could grab him by the throat). He starts yelling and screaming about how I am responsible for my wake, damage, injuries, police, lawyers, etc etc. Double WTF. I haven't even passed him yet let alone waked him. Sorry to say (and now my daughter knows I'm not perfect), I went "postal," yelling back at him (understatement). Admiral not happy ( also an understatement).

So a couple of hundred yards further down river, my heart still pounding and my mind racing trying to figure out why this idiot was risking his life and my insurance rates to bash me about my wake when it dawned on me. Aha!! Earlier that day, when we were starting out and going up-river, some yahoo in a CARVER aft cabin went flying past me full throttle but WAY off plane. He was digging a real deep hole in the water. I had to turn 90 degrees to take his wake safely. Annoyed but no harm done.

The Dinghy Yahoo mistook me for the Carver - CAN YOU BELIEVE THAT?! A CARVER!! A CARVER!!! :smt021

Clearly he knows nothing about boating so I turned around (abruptly, still in his view) and headed back to give him some education. (give me a break. I also didn't want the good ship Heritage to get a reputation for waking folks). As I approached his anchored boat, the reactions of him and his admiral turned my anger into hysterics. I did not intend to, but they apparently thought I was going to ram them or something because the Admiral was yelling at the captain the captain was pacing back and forth, looking left and right - completely at a lose as to what to do. Seriously, I did not intend to scare them but it was funny. It also significantly diminished my rage. :smt043

When I reached a safe but shout worthy distance, I "informed" them about the possible mistaken identity. I may have also told them how I felt about them jumping to such conclusions without a positive ID :smt018 (politely of course). We then proceeded down river at our usual trawler speed. Admiral has still not forgiven me for this one.
 
#24 ·
Gary,

You are really talking about 2 completely different things......wake damage you cause and enforcement of no wake zones.

While you may think it is stupid, and whether you like it or not, you are responsible for any damage your wake causes, period.......even miles off shore to the jon boat.

Enforcement of no wake zones is a local matter and to be an enforceable no wake zone, the local municipality or county must designate the area in question then provide the enforcement. That means, don't expect the USCG to enforce a local no wake zone in your marina. If you want to request enforcement then call the local sheriff or water cops. The USCG will, however, enforce the negligent vessel operation provisions of the Rules of The Road and that could involve wakes.
 
#25 · (Edited)
Gary,

You are really talking about 2 completely different things......wake damage you cause and enforcement of no wake zones.

While you may think it is stupid, and whether you like it or not, you are responsible for any damage your wake causes, period.......even miles off shore to the jon boat.

Enforcement of no wake zones is a local matter and to be an enforceable no wake zone, the local municipality or county must designate the area in question then provide the enforcement. That means, don't expect the USCG to enforce a local no wake zone in your marina. If you want to request enforcement then call the local sheriff or water cops. The USCG will, however, enforce the negligent vessel operation provisions of the Rules of The Road and that could involve wakes.
It just doesn't seem that it can be that cut and dried. I would think that the jon boat miles off shore is expected to be prepared for normal conditions he might encounter. Might he be guilty of negligence if capsized by a large wave or wake rather than the ship that creates the wake.

10. 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.

http://www.navcen.uscg.gov/?pageName=navRulesFAQ#0.3_7
 
#28 ·
Just on the plane is the speed that produces the biggest wake. The fishermen probably think you are doing it on purpose. Next time go through at WOT and see what sort of reaction you get? Lol.
 
#32 · (Edited)
Just on the plane is the speed that produces the biggest wake. ....
The biggest wake you actually produce is when getting on plane or coming off plane. This is when you switch from planing speed to displacement speed and push a lot more water. It's very obvious on boats that equiped with SC and have the fuel usage set to "Instant". So, when you trolling and then push the throttles to get on plane, your SC will show you that you're burning .4-.5MPG during the planing time. As soon as you get on plane and trim the boat properly the number improves to usual .7-.8MPG. This is example from my 320DA, which had SC gauges. But, the basic principals apply to any boat, specially larger and heavier.

Based on observation, I think that a lot of captains don't know this and when they just slow down they don't realize that they make it slightly worst while thinking that they were nice enough to slow down.
 
#30 ·
You are responsible for any damage your wake causes...period.

I didn't say it was easy to collect for damage or to even prove you were damaged. These are boats floating on a moving surface so some motion is normal and expected. Just because some battle wagon rocks you around a bit doesn't make you "damaged". The problem is that you don't know if some senior citizen or someone's wife is moving about or climbing down some ladder from the bridge when you wake them, and you don't know if some grand dad and his grandchildren are fishing in a jon boat on the other side of that bridge, so its best to pay attention to your wake and avoid the potential liability.