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Who had the right of way? The boat or the plane?

Posted on 6/10/24 at 4:43 pm
Posted by TigerintheNO
New Orleans
Member since Jan 2004
42733 posts
Posted on 6/10/24 at 4:43 pm

quote:


A seaplane lifted off directly into the side of a boat while setting off on a Saturday sightseeing flight from a harbor in Vancouver, Canada. The pilot and five passengers onboard De Haviland DHC-2 Beaver escaped the crash uninjured, CBC News reports. Those on the boat weren’t as lucky, with two people being sent to the hospital with injuries.


Video


Posted by Napoleon
Kenna
Member since Dec 2007
70892 posts
Posted on 6/10/24 at 4:45 pm to
The plane has right of way of it was on a take off roll. . The boat could more easily change direction
Posted by Basura Blanco
Member since Dec 2011
10579 posts
Posted on 6/10/24 at 4:46 pm to
Trick question. Its a flying boat.

And it had the right of way as its less maneuverable.
Posted by heatom2
At the plant, baw.
Member since Nov 2010
12991 posts
Posted on 6/10/24 at 4:57 pm to
quote:

Its a flying boat



Achktually

No its not.
Posted by 0x15E
Outer Space
Member since Sep 2020
14351 posts
Posted on 6/10/24 at 5:01 pm to
By maritime and aviation rules, the vessel to the right has the right of way.

However, maritime law also states that the vessel with less maneuverability bypasses the above rule.

The seaplane, on takeoff roll, has less visibility and less maneuverability and therefore has the right of way.

Plus, the boat was in restricted waters due to seaplane activity.
Posted by TheArrogantCorndog
Highland Rd
Member since Sep 2009
15270 posts
Posted on 6/10/24 at 5:03 pm to
Going with the plane on this one... I view the powered boat as more maneuverable, thus easier to get out of the way... think powered boat vs sail boat

While the pilot does have a duty to look out for assholes on the water, it appears he was at a point where he has less ability to avoid collision (i.e. evasive maneuvers)
This post was edited on 6/10/24 at 6:39 pm
Posted by notiger1997
Metairie
Member since May 2009
60603 posts
Posted on 6/10/24 at 5:05 pm to
I was out in a boat in Seattle one Labor Day weekend and it amazed me how many planes were taking off and landing in the middle of so much boat traffic.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
28318 posts
Posted on 6/10/24 at 5:08 pm to
quote:

The plane has right of way of it was on a take off roll. . The boat could more easily change direction


I don't know the plane was approaching from the boat's port side giving the boat priority of movement. In that situation with another boat you are to maintain course and speed. That being said in all the boating classes I have taken over my life not one of them mentioned seaplane ROW.
Posted by TigerFanDan
BFE
Member since Jul 2008
930 posts
Posted on 6/10/24 at 5:09 pm to
In the US boat has right of way. In Canada, who knows, who cares?
Posted by Robin Masters
Birmingham
Member since Jul 2010
33899 posts
Posted on 6/10/24 at 5:11 pm to
quote:

The pilot and five passengers onboard De Haviland DHC-2 Beaver escaped the crash uninjured


That is one wet Beaver!
This post was edited on 6/10/24 at 5:12 pm
Posted by chinhoyang
Member since Jun 2011
25024 posts
Posted on 6/10/24 at 5:17 pm to

Federal Aviation Regulation (FAR) 91.115 places collision avoidance responsibly on the seaplane pilot with the language, "Seaplane pilots shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation."

FAR 91.115 Right-of-way rules: Water operations.

(a) General. Each person operating an aircraft on the water shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way by any rule of this section.

(b) Crossing. When aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way.
.
(c) Approaching head-on. When aircraft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its course to the right to keep well clear.

(d) Overtaking. Each aircraft or vessel that is being overtaken has the right-of-way, and the one overtaking shall alter course to keep well clear.
(e) Special circumstances. When aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft.

Posted by Napoleon
Kenna
Member since Dec 2007
70892 posts
Posted on 6/10/24 at 5:24 pm to
I know planes yield to blunps and motor boats yield to sail boats. In both cases it's based on speed and manuverbility.
I see a quarter million dollar plane totalled in this video
. Hope the boat was insured.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
129918 posts
Posted on 6/10/24 at 5:26 pm to
The doctor was the boat's motor!
Posted by jcaz
Laffy
Member since Aug 2014
17625 posts
Posted on 6/10/24 at 5:27 pm to
Boat actually has right of way per the reg. Which blows my mind
Posted by csorre1
Member since Apr 2010
6815 posts
Posted on 6/10/24 at 5:46 pm to
The regulation says boat has right of way.
Posted by PerplenGold
TX
Member since Nov 2021
1850 posts
Posted on 6/10/24 at 6:05 pm to
Aviation regulations run into maritime regulations.

They both screwed it. Regs are fine and all but none give permission for a collision. All vessels and aircraft have the same final rule in their lists...don't collide.

Also, in maritime regs there is no 'right of way' although common sense is the boat with the largest displacement will win. Still violates the do not collide concept though but in a channel or other situations there may not be an alternative.

Final answer in the plane vs boat sage, lawyers will win.
Posted by LSUBFA83
Member since May 2012
3809 posts
Posted on 6/10/24 at 6:28 pm to
I see that TV station believes in employing the fatties.
Posted by real turf fan
East Tennessee
Member since Dec 2016
10114 posts
Posted on 6/10/24 at 6:36 pm to
What were the relative speeds at the time of collision? The plane almost had to be going faster, how many seconds was the plane in the line of sight of the boat?
Posted by Mr Breeze
The Lunatic Fringe
Member since Dec 2010
6502 posts
Posted on 6/10/24 at 6:46 pm to
quote:

Final answer in the plane vs boat sage, lawyers will win

No doubt.

If I’m running the river in my 24’ boat outbound Southwest Pass while having the right-of-way with an inbound cargo ship, I’m getting the frick out of the way.

I’m also more maneuverable. I stay as far away from them as I can, they throw a wake you can surf on. Surfers in Galveston do that.

Wonder if they’re any local Regs covering the seaplane / vessel operations up there?

Adding article comment.

quote:

The boat was in a restricted area and that sea plane has a designated area to take off and land which is where he was. The harbour control is part of clearing planes for landing and take offs. That boater had no business being where he was when the plane was cleared for take off.
This post was edited on 6/10/24 at 7:24 pm
Posted by Boudreauboudreaugoly
Land of the Rice n Son
Member since Oct 2017
2173 posts
Posted on 6/10/24 at 6:46 pm to
quote:

Achktually

No its not.


This! More accurately, a floating airplane or……correctly called a float plane.
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