Intentionally run off road by semi (no damage)
#26
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Everything I wrote is 100% correct. It seems to me that you may unwittingly conflating several of the rules. I said a vessel cannot be restricted in its ability to maneuver (RAM) on account of it's size. Your post above counters that by speaking to constrained by draft. They are separate restrictions in the rules and purposefully so.
It is the nature of a vessel's work that will make them RAM. Constrained is used in only one context in the Navigation Rules. Constrained by draft. That applies only in international waters not in inland waters. A vessel is never "restricted in its ability" to maneuver on account of size, draft or dimension. A vessel can ONLY be restricted in its ability to maneuver on account of the nature of its work.
Here are a few definitions from RULE 3 International: Constrained by draft isn't defined in the Inland Rules. The RAM definition definition is identical in the Inland and International rules.
(h) The term “vessel constrained by her draft” means a power-driven vessel which, because of her draft in relation to the available depth and width of navigable water is severely restricted in her ability to deviate from the course she is following.
(g) The term “vessel restricted in her ability to maneuver” means a vessel which from the nature of her work is restricted in her ability to maneuver...
Rule 9 is the narrow channel rule. It is here that size (length) matters.
(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.This is where we see length come into play.
https://www.navcen.uscg.gov/pdf/navrules/navrules.pdf
It is the nature of a vessel's work that will make them RAM. Constrained is used in only one context in the Navigation Rules. Constrained by draft. That applies only in international waters not in inland waters. A vessel is never "restricted in its ability" to maneuver on account of size, draft or dimension. A vessel can ONLY be restricted in its ability to maneuver on account of the nature of its work.
Here are a few definitions from RULE 3 International: Constrained by draft isn't defined in the Inland Rules. The RAM definition definition is identical in the Inland and International rules.
(h) The term “vessel constrained by her draft” means a power-driven vessel which, because of her draft in relation to the available depth and width of navigable water is severely restricted in her ability to deviate from the course she is following.
(g) The term “vessel restricted in her ability to maneuver” means a vessel which from the nature of her work is restricted in her ability to maneuver...
Rule 9 is the narrow channel rule. It is here that size (length) matters.
(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.This is where we see length come into play.
https://www.navcen.uscg.gov/pdf/navrules/navrules.pdf
Either way however... in the case of cycling, you may not run over those in front of you... ie those in traffic circles ahead of them.
#27
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Based on your Full Report you must have done things right, no injuries, no paperwork. I assume a semi will use the whole road and then some when they turn. The driver won't even feel a bump as he's grinding me into sausage. You were aware enough to see what could happen and use maneuver and thrust reversers to avoid an accident. Have a beer and call it good!
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Avoiding collisions isn't a "right of way" issue (it's weird to talk about "right of way" here anyway). Captains have to attempt to avoid collisions regardless of any "right of way" issue.
No, your "rowboat" here doesn't get special "right of way" privileges.
I realize that some folks are challenged by context, but no worries. Be safe, mate.
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If your FIL means to be prudent and give way to larger vessels, then this may be a valid strategy to avoid collisions. On the other hand, there are a lot of small vessels with limited speed and maneuverability that do have legal right-of-way. Assuming that a big power boat is not in a limited special category, the operator is required to alter course. Failure to do this is criminal negligence.
Because (it appears) you are confusing the requirement to avoid a collision with the "right of way".
If your FIL means to be prudent and give way to larger vessels, then this may be a valid strategy to avoid collisions. On the other hand, there are a lot of small vessels with limited speed and maneuverability that do have legal right-of-way. Assuming that a big power boat is not in a limited special category, the operator is required to alter course. Failure to do this is criminal negligence.
If your FIL means to be prudent and give way to larger vessels, then this may be a valid strategy to avoid collisions. On the other hand, there are a lot of small vessels with limited speed and maneuverability that do have legal right-of-way. Assuming that a big power boat is not in a limited special category, the operator is required to alter course. Failure to do this is criminal negligence.
You aren't making sense.
Last edited by njkayaker; 09-14-20 at 06:06 PM.
#30
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Inventive parsing with a bit of imagination about context and semantics and you've got yourself all wound up sideways, mate. We are on the same page - you just don't realize it. If I ever encounter you in that little boat of yours I'll be sure to give you a wide berth. Stay safe.
#31
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Inventive parsing with a bit of imagination about context and semantics and you've got yourself all wound up sideways, mate. We are on the same page - you just don't realize it. If I ever encounter you in that little boat of yours I'll be sure to give you a wide berth. Stay safe.
If your FIL means to be prudent and give way to larger vessels, then this may be a valid strategy to avoid collisions. On the other hand, there are a lot of small vessels with limited speed and maneuverability that do have legal right-of-way. Assuming that a big power boat is not in a limited special category, the operator is required to alter course. Failure to do this is criminal negligence.
This is still wrong. The navregs I linked to (which you weirdly say is not providing support) say nothing like this.
The requirement to avoid a collision is not a "right of way" issue. Confounding the two things is sloppy.
The requirement to avoid a collision supercedes any consideration of "right of way".
Last edited by njkayaker; 09-14-20 at 06:50 PM.
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I'm just going to leave this here--I rarely have problems with semis as a cyclist or a driver because a) most semi drivers are good and b) I think I understand the physics and try to give them wide berth. However, there are clearly some semi drivers who will insist on routing turns in intersections they really can't negotiate safely just to save a couple blocks. Unfortunately, some of them are attracted to a particular corner about 3 blocks from my home. It isn't a major problem on a bike, but in my car, I've had to illegally back up from where I was waiting for the light to change because a semi insisted on starting a right turn late on a yellow light. And no, on that particular corner, you cannot see the semi until it actually reaches the corner, so there's no warning you need to idle about a quarter block up to give the driver room.
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