Wakesurfing = Negligent Boater Operation???

[malarson]

I called the county prosecutors office again. I talked to her and set up an appointment to meet with her tomorrow morning.
Here is my plan.

I'm bringing my boat. I'll show her the fresh air exhaust installed and give her the brochure that came with it showing CO levels with and without the FAE.

I've also printed off

1. The Idaho statute as it now stands http://www3.state.id.us/idstat/TOC/67070KTOC.html

2. The study conducted by the CDC on CO poisonings. http://www.boatpipes.com/Reports/USC...FAE_report.pdf

3. The study detailing reported CO poisonings on the www.doubleangel.org site. http://www.doubleangel.org/documents...7April2008.pdf

4. the NASBLA model act for safe practices for boat towed watersports. http://209.85.141.104/search?q=cache...lnk&cd=2&gl=us

What I really need is some sort of report that proves no wakesurfer has been hit by the prop.

wish me luck.

[dogbert]

Good luck.

[chpthril]

I called the county prosecutors office again. I talked to her and set up an appointment to meet with her tomorrow morning.
Here is my plan.

I'm bringing my boat. I'll show her the fresh air exhaust installed and give her the brochure that came with it showing CO levels with and without the FAE.

I've also printed off

1. The Idaho statute as it now stands http://www3.state.id.us/idstat/TOC/67070KTOC.html

2. The study conducted by the CDC on CO poisonings. http://www.boatpipes.com/Reports/USC...FAE_report.pdf

3. The study detailing reported CO poisonings on the www.doubleangel.org site. http://www.doubleangel.org/documents...7April2008.pdf

4. the NASBLA model act for safe practices for boat towed watersports. http://209.85.141.104/search?q=cache...lnk&cd=2&gl=us

What I really need is some sort of report that proves no wakesurfer has been hit by the prop.

wish me luck.

What you need is for THEM to provide stats that someone has hit the prop on an inboard while surfing..........they say its dangerous, let them provide the evidence that they are using to justify the writing of citations

We appreciate your time and effort on this, it helps the sport in all states.

[talltigeguy]

you cannot prove a negative. you can just say it has never happened. they then need to prove it has occurred.

honestly you are going to be way too complicated by bringing fae into this. so then they make a law u have to have an fae? no one has died of co poisoning with or without it so don't make it complicated.

sorry about thw grammar I did this on my phone.

[Jason B]

Good Luck!!

[Bandsecurity]

you cannot prove a negative. you can just say it has never happened. they then need to prove it has occurred.

honestly you are going to be way too complicated by bringing fae into this. so then they make a law u have to have an fae? no one has died of co poisoning with or without it so don't make it complicated.

sorry about thw grammar I did this on my phone.

I agree, you cant disprove a negative. Bring your boat with you. Show them the swim platform, where the prop is and placement of the rudder. Physics establishes that a boat is moving at 10 mph and someone falls forward that the water will serve as friction, especially with a life jacket, and the rider will not hit the prop as the boat will keep moving forward.

[malarson]

Just got back from my meeting with the prosecutor. Very good news. We talked for an hour or so about how wakesurfing is done, what are the safety concerns & why is the deputy enforcing this statute.
We went outside & looked at the boat and the position of the prop. She had read about the fresh air exhaust. I gave her the documentation on CO poisonings (or lack therof) and the model safe boater act. She put it in her wakesurfing file.
She seemed most interested in looking at the law as is stands now and how wakesurfing could be considered negligent. She mentioned that the only way it could be negligence is if somehow the operator of the boat knew that wakesurfing was inherently dangerous and continued to do it.
We talked about the motivation of the officer. She wondered aloud if there were some politics coming from the local parks & rec or corps of engineers wanting the deputy to "ENFORCE, ENFORCE, ENFORCE". Thinking this deputy is just a "pawn"
She asked everyone in her office if there was some direction given to the deputy to prevent wakesurfing. None of her co-workers knew of any.
She said if a ticket of this type came across her desk she would dismiss it because there was no way to prosecute it.
She also said if somehow I did get a ticket and it went before a judge that I should ask for a jury trial and it most certainly would get thrown out.

She has set up a meeting with the deputy to get the skinny.

Since this story aired on the TV station she has received many calls about it. One call was from another sheriffs deputy who just purchased an inboard boat specifically for wakesurfing.

Overall, the meeting went really well. I feel vindicated and that things will be resolved in my favor. Personally, I think the officer took it upon himself to enforce something he felt was dangerous. Not against the law.

I'm reminded of a quote my friend often uses
"All it takes for the forces of evil to rule this world, is for enough good people to do nothing."

I hope to report that in the next week or so this officer will no longer be enforcing the wakesurfing ban.

surf on brotheren.

[chpthril]

^^^^

[Bandsecurity]

Just got back from my meeting with the prosecutor. Very good news. We talked for an hour or so about how wakesurfing is done, what are the safety concerns & why is the deputy enforcing this statute.
We went outside & looked at the boat and the position of the prop. She had read about the fresh air exhaust. I gave her the documentation on CO poisonings (or lack therof) and the model safe boater act. She put it in her wakesurfing file.
She seemed most interested in looking at the law as is stands now and how wakesurfing could be considered negligent. She mentioned that the only way it could be negligence is if somehow the operator of the boat knew that wakesurfing was inherently dangerous and continued to do it.
We talked about the motivation of the officer. She wondered aloud if there were some politics coming from the local parks & rec or corps of engineers wanting the deputy to "ENFORCE, ENFORCE, ENFORCE". Thinking this deputy is just a "pawn"
She asked everyone in her office if there was some direction given to the deputy to prevent wakesurfing. None of her co-workers knew of any.
She said if a ticket of this type came across her desk she would dismiss it because there was no way to prosecute it.
She also said if somehow I did get a ticket and it went before a judge that I should ask for a jury trial and it most certainly would get thrown out.

She has set up a meeting with the deputy to get the skinny.

Since this story aired on the TV station she has received many calls about it. One call was from another sheriffs deputy who just purchased an inboard boat specifically for wakesurfing.

Overall, the meeting went really well. I feel vindicated and that things will be resolved in my favor. Personally, I think the officer took it upon himself to enforce something he felt was dangerous. Not against the law.

I'm reminded of a quote my friend often uses
"All it takes for the forces of evil to rule this world, is for enough good people to do nothing."

I hope to report that in the next week or so this officer will no longer be enforcing the wakesurfing ban.

surf on brotheren.

Interseting how the police officer is saying the prosecuter is behind it and she says it is a police officer issue. At least you know you can do it now. If you get a ticket fight it and the police will have difficulty enforcing it in the future.

[RubberDucky]

Good Job!!

"All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)

I think it is off the movie "Tears of the Sun".

[Jason B]

Very nice. Congrats. Sounds like you pulled one out for the good guys.

[illiniboarder88]

sounds to me more like the deputy was treating boaters as ATM machines

[talltigeguy]

surf on brotheren.

Good Job!!!!!!!!!!

Thanks!

[turbonine]

Sorry guys, I am really late to this thread and have skipped most of it. But did watch the news video. This is all I heard and saw when the cop was speaking. Maybe the audio on my computer is messed up.



PS - Great job an raising the awareness

[talltigeguy]

Turbo,

Best laugh I have had all day! Thanks!