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Power boater hits and kills kayaker but not responsible because kayaks don’t have right-of-way?


This is the type of thing that brings my blood to a boil quick.

The lawyer for a man ticketed after his power boat hit a kayak on Lake George, New York, killing the kayaker, is asking that the charge be dismissed because the state navigation law doesn't apply to kayaks.

The lawyer is arguing that the operator isn't responsible because kayaks are not specifically mentioned in the regulations and thus not entitled to the right of way that sailboats have. Of course the Assistant District Attorney disagrees.

The full story is here.

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It's an interesting argument and may be technically correct. A lot of the Federal rules are between two power-driven vessels. But I suppose either the overtaking rule or the vessel of limited maneuverability rule could apply. Don't know what rules the state has.1/21/2011 3:43:35 PM
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