# QLD: Kayak v Yacht - who has right of way?



## Aerocaster (Jan 29, 2013)

So I was out enjoying the near glassy conditions near Redcliffe in Moreton bay on Sunday, just drifting along trying a spot that looked good on the sounder, when I turned around to see a rather large yacht bearing down on me about 20m away.

In the light winds, the yacht was virtually silent and I had been facing the other way. ( newbie lesson - look behind more often)

I sat there a moment wondering if he was going to change course. There were 5 people on board, sitting there all watching me, so there's no way they didn't see me. After no signs of changing course, I decided on self preservation over stubborness and paddled out of the way. As they went past, I had to stop my self from commenting on how wide and open Moreton bay is and how much room there is to sail a yacht without having to run into a tiny kayak, however I didn't know whether kayaks are supposed to give way to yachts and didn't feel like getting abused to spoil my day.

I was left wondering what the rule is. Was I in the wrong? Even if I was wrong, what about common courtesy? It should have been obvious I wasnt paddling and there's plenty of room for everyone out there.

Also what is the rule if I was anchored? A yacht wouldn't necessarily see the anchor rope.

Advice appreciated
Thanks

Aerocaster


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## Penno (Dec 2, 2005)

G


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## exp2000 (Jul 9, 2011)

This would be an interesting case as the International Regulations for Preventing Collisions at Sea only recognise two classes of vessels:
Those under power or those under sail.

For the purposes of this case I would assume that a kayak would be considered a vessel under power - paddle power and the general interpretation of the rules is that power gives way to sail. However these regualtions may have yet to be explored in relation to a kayak.

Circumstances where you would be required to get out of the way from memory are:

1. You were anchored in a shipping channel which would be a breach of the regulations.

2. The sailing vessel was constrained by it's draft and unable to deviate from it's course without grounding.

3. The steering on the sailing vessel had failed.

The last two would require the vessel to display the shapes and lights appropriate to his circumstances.

*All this aside nothing in the regulations shall exonerate the person in command of a vessel from taking all actions at his disposal to avoid a collision at sea.*

His actions may constitute a serious breach of the maritime regulations and I would encourage you to report him because actions this dangerous may result in loss of life at sea - maybe yours!

Her is a starting point for you to determine your particular circumstances: http://www.msq.qld.gov.au/safety/collision-regulations.aspx

It is an unfortunate truth that idiots do not confine their actions to the asphalt and when they are in command of a substantial vessel it is not only dangerous, it is criminal.
~


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## kayakone (Dec 7, 2010)

Good post Aerocaster ... it is scary and potentially life threatening.

Excellent answer Brett. I hope you got his registration number on camera, and his lack of action to avoid a collision. From the reading of the rules, especially the one Brett has highlighted, IMO he is 100 % at fault. If you can remember a camera (video is even better) at such a time, or whenever there is a threat or perceived illegal action (inaction), then you probably have them.

Trouble is, when that sort of thing happens, all you have time for is saving your arse. It has happened to me 3 times in the past year down there, all with power boats. Try this for attracting attention ... a Fox 40 Sharxz. It might save you by forcing them to change direction:

http://www.fox40world.com/index.cfm?DSP ... og&id=4130






You might also consider one of these: https://www.whitworths.com.au/main_item ... lutePage=1

trev


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## Dodge (Oct 12, 2005)

salticrak said:


> I take the attitude that it will be me who comes off second best in a collision so I stay out of the way.


Aerocaster reckon salti's is the smart move when you are in the smallest craft, sticking to the rules _even if you are in the right_, and maybe ending in strife or hospital, to me makes no sense.

Think the key is have 360 degree awareness around your craft, and to this end I carry a small mirror on my shirt pocket and periodically hold it up and look behind like a rear vision mirror, particularly if a motor can be heard behind .... the mirror saves twisting in the seat or spinning the yak to look, and also good if fishing in company with another mate.


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## kayakone (Dec 7, 2010)

Forgot to post this for some of the newer members...

viewtopic.php?f=3&t=37108&p=554310

Be safe, be visible, carry a whistle (and maybe a hooter), but also have _*bright clothing*_, a torch for low light, _*and a high flag*_.

trev


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## Aerocaster (Jan 29, 2013)

Thanks everyone for the advice.

Apart from self preservation tactics at least I'll be confident to unload a mouthful of abuse next time, and take a photo for the authorities. Penno's advice looks correct according to the msq link in that The yachtie was definitely in the wrong since he was approaching the rear of my kayak and so was overtaking and should have altered course to go around.

Sobering reading in trev's link. I've rummaged the garage and found my old fox 40 whistle from my soccer refereeing days. I'll tie it to my life jacket. I'll also take a look at flags next time I'm at the tackle store.

Darren


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## shadowrunner (Jan 18, 2013)

sail has right of way period. kayak is considered a powered vessel and can react alot faster than a sail powered boat. I am prob a little bit younger than the average poster on here being just short of 40, yet i know i can put on incredible bursts of speed in a yak if need be, where as a sailboat is alot harder to control and is generally sluggish to respond if not in racing trim or under aux power.

(edit) just saw he was overtaking, he has to avoid you by law


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## Dodge (Oct 12, 2005)

To my mind while everyone is blaming the yacht as breaking a rule I do not see this is the case, and also not suggesting aerocaster had no need for concern, but do note he says he felt the yacht crew had seen him.

As to the overtaking rule, generally an overtaking vessel is one _*passing another one which is also on the move*_, and in this case the kayak was just drifting, and as an example when on the road, you do not count parked cars as vehicles you have overtaken while travelling.

Much is also being made of the highlighted paragraph in the reply of ecpo2000 regarding onus.

*The onus is on both skippers to avoid a collision* and not just the boat you personally perceive as being in the wrong, because responsibility is only decided if an incident goes to a court

As I said in my earlier reply commonsense as suggested by salticrak is the way to go I believe

Years ago I used to encounter a couple of racing yacht fleets when I headed out each weekend, and because I only cruised about 6 knots tangled with them for about 90 minutes as they tacked across my straight course, a very testing time as I stop/start observed the 'give way to sail' obligation.

Was having a whinge in a yacht club to a yachtie I know and he said just hold a constant course and all will be OK as the competing yachts will be able to avoid you bearing in mind these blokes who raced were generally experienced and have good boat control.

After a few nervous weekends I used to just drop to about 4 knots as I approached the yachts it on on the roof and hold the wheel with my foot, also used to indicate with an arm movement my intended course for the benefit of the yachties.

What followed was often some of the best viewing I ever had on the cruiser as heeling yachts up to maybe 35' at about 8-12knots screamed across fore and aft often as close a 2m away, and at that time heard many a "thanks mate" from the skippers as they passed.


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## exp2000 (Jul 9, 2011)

I think that the operative factor here is premeditation.

Lets consider the case if Aerocaster _had not seen the yacht in time_.

If we are to assume that the master and crew of the yacht did in fact have a clear view of the kayak as reported:

Assuming he had full control of the vessel there could be no reason for manouvering the yacht or dropping the sails if necessary to avoid a collision - it was easily within his power to do so with a simple flick of the helm.

Regardless of the navigation rules he would have deliberately and willfully ran over a much smaller vessel with a very limited capacity to take evasive action.

Depending on the outcome the master of the yacht could be charged with anything from criminal negligence to manslaughter.

Assuming he is still alive, the most Aerocaster could be charged with is failing to keep watch and failing to take action to avoid a collision as a result but such failure on his part would not have been deliberate or premeditated.

Any legal eagles care to fly with this?
~


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