Carver Owners Forum

The coastguard boater safety course says, "your responsible for damage from your wake". How is this enforced? What is considered damages?

Please clarify...
My boat is tied up in a slip at a marina at the end the bay. There is no through traffic - we are at the end. I have my boat tied well (stern in) but, we do get some weather that blows through and kicks everything up. The boat securely tied to floating docks and doesn't touch them even when it's rough. When I get waked the whole boat moves along with the docks. People are constantly moving around the marina faster then they should and my boat gets waked all the time. Incidentally, in my Mariner 350, I can not see the traffic passing in front of my boat when I am in the salon. That being said, when it's rough I know the boat is going to move and we take appropriate repercussions. When it's calm we are a little more at ease, until we are waked. Now, what happens when some wakes up and something gets spilled, or knocked over, or some one falls? How is this enforced? What is considered damages? What is the actual law (in NY)?

On a second note...
When I leave our marina, I have to drive 4 miles across a bay to reach the lake. The bay is about 1/2 mile wide and restricted by a 25 mph speed limit. I like to drive about 20 mph just on plane. My boat throws a fairly large wake and the jet skiers love to ramp off of it. It try to be conscious of other boaters not slow down around them give them a wide birth. But, last weekend (the 4th) was a zoo. People where drifting in the middle of the bay and I was constantly on plane and off plane. If it is not a morning area and I am driving down the middle of the bay, am I responsible for my wake at this point? Should be be aware that they are in a traffic zone and they are going to rocked?

I believe the simple answer is you are responsible for your wake and potentially any damages caused by it. Different states may have different variances in their laws. It can be a pain sometimes but whenever I encounter another boat even in a channel where my wake could cause problems I will come off plane and slow down. Most of the time I get thank you waves or thumbs up from them.

I believe being courteous is a good thing.

I know up here you're liable for damages you cause. The hard part is proving it. At times boaters don't realize they've caused damage because they're not actually on your boat to see it happen, then it just becomes your word against theirs. The best way to get anywhere with the authorities on a damages claim is to have it on video. Considering just about everyone has a cell phone these days, getting the evidence shouldn't be that difficult. The hard part is anticipating whether a condition will cause damage as the best evidence is to capture it and the offending vessel on video as it happens. Showing damage after it happens can be debatable.

I'd check with your local law enforcement on the water and the USCG in your area. Local state laws and Maritime Law should apply. I was always told any time your are with in 200 feet of shore or any unpowered vessel you are in a no wake zone! You shouldn't have to but maybe you can have NO WAKE ZONE buoys installed in the water in your area.

I would check the local laws. Many of the laws referencing responsibility for wake damage include some language like "negligent or careless operation" If you were throwing a 3' wake and you were 100' from somebody's dock or small vessel, then I'd think you'd be negligent or careless and responsible if some damage happened.

Unfortunately, a camera is not always handy or quick enough to capture this stuff, unless you leave something like a GoPro on all the time.

We were sitting at an anchorage area with a bunch of other boats. Had food on the grill and just sitting there enjoying the day. A 40' Welcraft pulled up anchor and started heading out. He was closer to shore than we were, so he had to pass us. There was PLENTY of room on both sides for him to give plenty of clearance, but he decided to go about 75' off our port side. That would have been just fine - provided he was still idling, but no, that nuthead had to hit the throttle when he was still about 50' behind our boat. We got rocked HARD. Lost some food off the grill and found out later the TV in the aft cabin went flying and broke the RF input off. Happened so quick we didn't get an ID off the boat, other than the general description (blue hull, 40' Welcraft)

I think the no-wake laws are generally poorly enforced. You'd get the same ticket and more attention if you're in a 10' dingy or PWC (displacing maybe 600 lbs) if your wake is visible as you would if you were in a 40' sportfisher cruising through at 5 kts. Sailboats (who are displacing tens of thousands of pounds) don't even get a glimpse of the LEO attention.

Here is a link to NYS boating laws.
A section describing 'no wake' zones is described in "Unlawful Operation of a Vessel" , there is no remedy stated for this action other then the person causing the damage is responsible (unlike operating while intoxicated).
I believe that they left it a little loosey-goosey on purpose.
Viper hits the nail on the head.

https://www.boat-ed.com/abc/abc_specifi ... ny_law.pdf