Wakesurfing = Negligent Boater Operation???

[malarson]

So, on the 4th of July the Nez Perce County sheriff pulls me over while wakesurfing and proceeds to tell me that what I am doing has been determined by the county prosecutor to be "Negligent boater operation" because of the proximity of the rider to the boat.

He threatened me with a $300 ticket.

So, my question is, what do I do now?
1. Call the county prosecutor?
2. Write a letter to the sheriffs Dept. ?
3. Become a conscientious objector and get the ticket and fight it in court?

I think he was just fluffing his feathers and he has no idea what he's talking about.


has anyone been succesful in fighting such a charge?
Thanks for the help in advance.
Mike

[talltigeguy]

I would think he is just fluffing his feathers.

Ask him if he knows where your propeller is located and if he knows the difference between an inboard and an I/O (do it nicely). Since he says the propeller is the issue, he simply needs a lesson on what types of boats are safe for that activiity. I have yet to be refuted that NO ONE has ever died while wakesurfing...yet millions have done it.

I would make a phone call to the county prosecutor to discuss it.

[balair]

I would think he is just fluffing his feathers.

NO ONE has ever died while wakesurfing...yet millions have done it.

people who try to surf behind a sunesta extreme might you have to be pretty dumb to try, but then again you have to be pretty dumb to buy one of those

[Timmy!]

I think he was just fluffing his feathers too. It was on a holiday so he is immediately watching for anything out of what he feels is ordinary and knew that a threat would probably scare you.

[philwsailz]

Real quickly, it is not only proximity to the propeller which is an issue, but proximity to the boat's exhaust. CO poisoning is a real problem.

CO is the larger issue to the boat builders, the ABYC, and the U.S. Coast Guard.

[venetrex]

Wakesurfing

I believe in CT anyway there is a specific law statng how close you can "SKI" behind a boat. However it specificaly states about using a tow rope. So without a tow rope I believe would be gray area.

[balair]

you need to use a tow rope to get up tho

[talltigeguy]

Real quickly, it is not only proximity to the propeller which is an issue, but proximity to the boat's exhaust. CO poisoning is a real problem.

CO is the larger issue to the boat builders, the ABYC, and the U.S. Coast Guard.

Malarson,

Didn't it read 'because of close proximity to the propeller' when you first posted the thread? I must be losing it, because it now says 'proximity to the boat' so I thought he was not worried about the CO.

As stated before, I am unaware of anyone who has died of CO poisoning behind a boat in an upright stance.

[dogbert]

As stated before, I am unaware of anyone who has died of CO poisoning behind a boat in an upright stance.

Can you define upright?

[Costigan]

Hello malarson from the guy that bought your old TIGE. It's good to see that you found a new one. I would say to look up the law and then call the prosecutor to see what he/she thinks. Coming from a cops perfective, I don't think he was fluffing his feathers. I don't know the Idaho law, but I bet it has not been updated since wakesurfing started getting big. It probably is not clear enough. This happens a lot and it will need to be clarified. After you call the prosecutor to get his/her take, write your congressman so it can be changed. By the way, the boat is running great. I love it. We're getting a kick out of the barefoot pole. It is pretty humerous to see people try to barefoot. Take care.

[CP3]

you need to use a tow rope to get up tho

I can get up without a tow rope called a teak start.....


I also think that the CO isnt as big a deal as everyone says. I say this because I have been surfing behind a boat for as much or more than 30 mins at a time and have never had any symptoms of CO poisoning I mean its not like you are in a closed garage with the car running.....

[da.bell]

I also think that the CO isnt as big a deal as everyone says. I say this because I have been surfing behind a boat for as much or more than 30 mins at a time and have never had any symptoms of CO poisoning I mean its not like you are in a closed garage with the car running.....

Now we know what your problem is. Too much surfing behind the boat and the CO is getting to your brain.

[talltigeguy]

Can you define upright?

Ummm...With all of your weight on your feet?

BTW, remember that if the boat is properly running and has enough air at the intake, it puts out CO2, and only small amounts of CO. The reason the boat puts out CO is when it is not getting enough oxygen (O) to combine with the carbon in the gasoline, so it starts making carbon MONoxide instead of carbon DIoxide. Sucking on the tailpipe of a well ventilated engine will probably not kill you from Carbon Monoxide, but if you put the engine in a closed room, it will use up all of the oxygen until it starts to put out CO instead of CO2.

[LovinPowell]

Did you get the guys name? If you have his name and his jurisdiction, I would do the research, find out what law is on the books. Then I would call the prosecutor and tell him that he is being referenced as the one who is policing this issue and find out his take. Then I would call his immediate supervisor and tell him about the situation. I would only do this if he didn't have much ground to stand on.

[Bandsecurity]

Here is the law in Idaho (see last paragraph):
IDAPA 26
TITLE 01
CHAPTER 30
26.01.30 - IDAHO SAFE BOATING RULES
525. NEGLIGENT OPERATION.
Negligent operation, as used in Section 67-7017, Idaho Code, shall include, but not be limited to, the following:
(1-1-94)
01. Airborne. Becoming airborne or completely leaving the water while crossing the wake of another
vessel at an unsafe distance from the vessel creating the wake; or (3-23-98)
02. Weaving. Weaving through congested traffic; or (3-23-98)
03. Speed or Proximity. Operating at such a speed and proximity to another vessel, a person, or property
of other persons so as to require the operator to swerve at the last moment to avoid collision; or. (3-23-98)
04. Unsafe Seating While Underway. Operating a motorboat while a person sits, stands, or kneels on
the bow deck, gunwales, transom, or any other areas not designed by the manufacturer for passengers, while the vessel
is underway at a speed greater than no wake or five (5) miles per hour, except when immediately necessary for safe and
reasonable navigation or operation; or ( )
05. Unsafe Operation – Person In Vicinity of Vessel. Operating a motorboat, or engaging the engine of
an idle motorboat, when someone is occupying the water in a manner or in proximity to the vessels propulsion and or
exhaust so as to create a safety hazard. Examples of unlawful activity would include the practice of teak surfing or
wake surfing. ( )