Category: Featured Post

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NEWS FLASH: PROPS ARE SHARP!

Comments sought on propeller-strike report

The Coast Guard and the American Boat and Yacht Council released a draft report, “Human Factors Analysis of Propeller Strikes,” prepared by CED Investigative Technologies Inc.

The report concludes that no universal solution exists to mitigate the risk of injury from accidental contact with boat propellers — an issue that the Coast Guard has studied since as early as 1988.

“While no universal solutions exist for this problem, propeller guards have been shown to offer limited protection under certain conditions with particular hull types and engine combinations and are one method of mitigating this risk of injury,” the report states.

“Other mitigation methods should be studied to extend the opportunity of mitigating injury from propeller strikes,” according to the report. “These methods can include training, the use of alert technology, and even modifications to boat layout, such as the location of boarding ladders.”

The report is open for comment until April 11.

People injured by boat propellers have brought lawsuits against several boatbuilders in recent years.

The National Marine Manufacturers Association has formed a task force to review the report and provide comment. NMMA members who would like to participate or would like additional information are asked to contact Cindy Squires at csquires@nmma.orgThis e-mail address is being protected from spambots. You need JavaScript enabled to view it or (202) 737-9766.

Our view from the helm:

   A universal solution is the utilization of common sense. You don't open the door of a moving car, jump out, get run over and sue the car or tire manufacturer because there wasn't a warning posted in the car stating that if you engaged in such activity it could cause serious injury or death.

   There is an inherent risk in everything we do, from the time we get out of bed in the morning to, well, the time we get out of bed the following morning and so on.

   It's high time that we as a society take responsibility for our actions and accept that fact that the majority of products out there are safe but can be dangerous and cause injury or death if not used properly.

   Do we really need a warning on the side of a styrofoam cup that the hot coffee we ordered is “hot”? Or that propellers on boats, whether spinning or not, are sharp and can cut you? Specifically what is it about the marine industry that makes the consumer want to sue for their own lack of judgement?

   There are laws regarding the mandatory use of seat-belts in cars. If a driver or their passengers choose to not use a seat belt and then are injured in an accident whose fault is that? The car manufacturer? The seat belt maker? Of course not. It's the fault of the person who chose to not secure a seat belt across their body just as it's the fault of the person that chooses to jump out of a boat with the engine still running, or the person who backs a boat up into one of their passengers, or the drunk boater who operates their boat in such a manner that their passenger falls overboard and is struck by the propeller.

It's been often said that there ought to be a law. It's a shame to think that for boaters there may just have to be.

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Double Standards & Double Talk

Following accident, Lake Norman explores boat rental ordinance

March 14, 2012 
   After an accident left a woman with serious injuries following a day on the water with an inexperienced boat operator last summer, the Lake Norman Marine Commission accelerated its action to create an ordinance regulating boat rentals on the North Carolina lake.

The commission had previously discussed an ordinance to ensure rented boats are operated safely, but it was boat rental operators who brought it to the forefront and spurred it into action, said Ron Shoultz, chairman of the committee.

The commission formed a committee of both rental operators and law enforcement that will have three months to create proposed rules for rental boat companies.

“We are really trying to get people that are familiar with the industry and get their feedback,” Shoultz said. “We are not going to make up rules or regulations that boat operations will say, ‘What are you doing?’ We want it to be self-policing.”

Brian MacArthur, owner of Saltshaker Marine, which rents powerboats on Lake Norman, attended a recent meeting by the commission and said he is in favor of the ordinance – as long as it is within reason.

“I am all for regulation of safety on the water and do not approve of boat rentals that jeopardize anyone’s safety. I know my company does follow the proper procedures,” said MacArthur, whose company uses a safety checklist that covers operating and safety procedures with the operator.

Following last year’s boating accident, Shoultz said boat rental companies, many of which use processes similar to those at Saltshaker Marine, received unfair criticism from the media. The ordinance is aimed to ensure all boat rental companies are mandating safety to the best of their abilities.

“You can have the best boater and instructor in the world, and [tragedy] can still happen,” he said. “We are not going to say, ‘to rent a boat you have to take this nine-hour class.’ The bottom line is to improve safety and ensure a standard that all boat rental companies would adhere to.”

Since 2008, boat rental companies in the state of Washington have adhered to a process similar to what has been discussed for Lake Norman.

Washington is gradually transitioning to an ordinance that mandates boater education for boat owners, which is already in effect for boaters under the age of 40.

However, rental companies are only mandated to use a dockside checklist that takes approximately 10 minutes to walk through with the operator.

Jim French, boating education specialist for Washington State Parks, said requiring boater education for the rental community would deter tourists and customers who spontaneously decide to rent a boat. Therefore, the checklist ensures an understanding while taking a reasonable amount of time, according to French.

Similar to at Lake Norman, French said Washington depends on its law enforcement to ensure the checklist is preventing dangerous boaters from hitting the water.

“The local law enforcement that patrols the waterways notice a novice behind that boat, they can tell us the rental checklist needs a few items added on,” French said.

Our view from the helm:

The story opened with “After an accident left a woman with serious injuries following a day on the water with an inexperienced boat operator….”

The simple fact of this story is that the only fault that can be assigned to the boat operator is that he failed to control the actions of his passengers. The woman that was injured chose to jump out of the boat while the engine was still running and the driver was attempting to position the boat in order to tie up to other boats out on the lake.

If they are going to have an ordinance that is worth more than the paper its printed on they need to have something with some teeth like mandatory boat safety education for all boaters including those who rent boats. A dockside checklist is not sufficient to ensure that a renter has been adequately instructed as to the proper use of the boat. They should also tie any penalties or fines directly to the boat operators drivers license.

The double standard is that you can't rent a car without a valid driver's license but you can rent a boat or PWC that can do in excess of 50mph without anything more than a credit card.

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Get Off My Beach!

Englewood woman guilty in turtle tampering case

Manasota Key property owner Juanita Schultz is clashing with the Charlotte County Sheriff's office to keep trespassers off of what she claims is a private beach. Schultz says the sheriff's office is neglecting their duty to enforce the law. ( Photo/ Matt Houston )

Published: Tuesday, February 21, 2012 at 4:27 p.m.

PUNTA GORDA – An Englewood woman known for zealously defending her stretch of beach from visitors was found guilty Tuesday of damaging an endangered loggerhead sea turtle nest.

A Charlotte County circuit court jury convicted Juanita Schultz, 75, of wounding a species protected by the endangered species act, a third-degree felony that carries a penalty of up to five years in prison and a $5,000 fine.

Sentencing is scheduled for March 30. Schultz has no prior felony convictions and is unlikely to receive a prison sentence, said Martina Hedvicek, the assistant state attorney who prosecuted the case. Schultz most likely faces fines and probation, Hedvicek said.

Loggerhead sea turtles are considered at risk for extinction and are protected by state and federal endangered species laws.

The prosecution hinged largely on the testimony of a neighbor who reported seeing Schultz damaging the nest.

“It was important that citizens stepped up to protect sea turtles,” said Gary Morse, a spokesman for the Florida Fish and Wildlife Conservation Commission. “Sea turtles belong to everyone and they're an important resource of the state.”

It is unclear whether Schultz will appeal. She could not be reached at her home phone and her Fort Myers attorney, Andrew Banyai, said he did not feel comfortable allowing her to talk to reporters before sentencing.

The case dates back to June 2010, during a period of heightened concern over sea turtles as oil from the Deepwater Horizon blowout slicked the Gulf of Mexico.

A loggerhead crawled onto Schultz's beachfront property and dug a nest that was later marked by stakes and tape by volunteers, state officials reported. State laws allow permitted volunteers to mark nests on private property as a way to protect the fragile eggs from foot traffic.

Schultz reportedly removed the stakes and, according to a neighbor who testified against her, also kicked sand over the nest and placed a lawn chair on top of it.

Schultz and her tenant, Mary Cammarano-Richards, were both arrested for tampering with the nest. Cammarano-Richards entered into a plea deal with the state, avoiding trial.

At the time, Schultz contended that her neighbor called wildlife officials out of spite because they had sparred over trespassing issues.

Schultz is staunchly protective of her beachfront, citing a deed that says her property line ends at the water, not the high-tide line. She has frequently called police to boot unwitting beachgoers from lounging on her stretch of strand.

Jurors heard the case on Monday and part of Tuesday, reaching a verdict in less than three hours.

The case is rare. Hedvicek said she was not familiar with another similar case involving sea turtles in Charlotte County within the past five years.

“Most private property owners are excellent stewards of our wildlife, so it's not all that common where we have a private property owner disturbing sea turtle nests,” Morse said.

EARLIER…

Juanita Schultz, the woman notorious for running people off her beachfront property in Englewood, was found guilty in Charlotte County circuit court Tuesday of harming a sea turtle nest two years ago.

The felony conviction by a jury could bring up to five years in prison and a $5,000 fine, although the sentence is not likely to be that severe.

Martina Hedvicek, the assistant state attorney who prosecuted the case in Charlotte County circuit court, said Schultz would likely get probation. That could include community service requirements and fines.

In June of 2010, Schultz removed the stakes and tape that volunteers used to mark off a sea turtle nest on her property. Volunteers are licensed by the state to mark nests on private land.

It is illegal to tamper with sea turtle nests because they are a threatened species under the federal Endangered Species Act.

Our View from the Helm: Some people are just plain mean and bitter and we wonder what would ever make a person turn out this way and do things like Juanita Schultz has done.

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Department Of Common Sense?

State threatens suit against boat hobbyists

Posted: Feb 08, 2012 6:27 PM EST  Posted by Nancy Amons

MURFREESBORO, TN (WSMV) -The Tennessee Department of Revenue is threatening court action against a Murfreesboro man who built a small wooden boat in his garage with his 7-year-old son. 

The state says that makes him a boat dealer and subject to paying extra taxes.

The boat is 14 feet long and made of wood. The family ordered the plans over the Internet because 7-year-old Carter loves to fish with his dad.

But when the Kings registered their boat and paid the boat registration fees, the nightmare started.

Letters from the Tennessee Department of Revenue say that because the Kings are boat dealers and manufacturers, they have to pay $539 dollars in taxes on the boat.

Johnathan King thought there was a mistake, so he called the auditor assigned to his case.

“I explained to them that this is just a wooden craft built in the garage, and they indicated that they knew that that was what this was,” King says.

Revenue didn't back down from insisting they were dealers, and warned the family the state could get injunctions or even pursue misdemeanor charges if they didn't pay the taxes.  

“If we don't, they could file liens and levies against the craft,” King says.

“To say it politely, I think it's quite silly,” he says.

How could something you build in your own garage for your own use make you a dealer?

We asked the Department of Revenue for an interview. They said  they couldn't discuss the cases of individual taxpayers, and said that no one was available to speak about the issue, even in general terms.

Johnathan King says there's no way he's a dealer; this boat is intended to be a family heirloom that will be passed to his son's children. 

“It'll never be for sale,” he says. “He would be very upset, yes.”

Our view from the helm: We all know how this story will end. The  Tennessee Department of Revenue will back down from their ridiculous position and the King family will not face any legal action from the state.

   What we always wonder about with stories like this is what government nimrod thought that they would actually get away with trying to enforce a law that is clearly intended for situations other than a family building their own boat from a mail order kit and using it for their own personal enjoyment? 

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Sticker Shocked!

Senator seeks sticker system for boat inspections

Posted on 07 February 2012

U.S. Sen. Charles Schumer, D-N.Y., recently asked the Coast Guard to meet with marine trade groups, boating safety advocates and local law enforcement officials to discuss the implementation of an official inspection sticker system that would better coordinate boater patrols on the Hudson River so boaters are not repeatedly stopped.

Creating a sticker system that all levels of law enforcement recognize has the support of the boating community, and several Hudson Valley law enforcement agencies have expressed a willingness to participate, Schumer said.

He noted that not only will the use of a widely recognized inspection sticker minimize hassle for boaters, but it also would free up law enforcement officials and allow their positive influence to be spread more widely throughout the community.

“With spring boating season fast approaching, it is time to jump-start an official boat inspection sticker program, which will help prevent repeated boat stoppages on the Hudson River, which are as annoying as they are inefficient,” Schumer said in a statement. ”I am urging the Coast Guard to take the lead on this important initiative by coordinating a meeting with state and local authorities, as well as boater trade and advocacy groups, so that this coordinated inspection program can get off the ground.”

Rather than screen one boat six times, we need to develop a program to screen six boats once, he added.

Schumer is urging the Coast Guard to meet with stakeholders this month.

Last summer, he sent a letter to Coast Guard Commandant Admiral Robert Papp after a series of media reports documented concerns about a lack of coordination among federal agencies that resulted in recreational boaters being stopped multiple times by different agencies on the same day.

Our view from the helm: To be blunt the placement of an inspection sticker on a vessel should not take the place of law enforcement. To us this would be no different than putting a Police Benevolant Association sticker on your car bumper and expect that it will give you immunity from being pulled over by the police. Part of living in a free society is that we have rules and regulations and in a post 9/11 world this is just something that we'll have to put up with.

   Instead of a sticker system it would seem to us that communication among the different law enforcement agencies patrolling the waterways would be a more logical place to start. If a vessel is pulled over and inspected a description of the vessel including the registration numbers could be broadcast to all patrolling agencies and barring that vessel or the people on it doing something hazardous, it could then be left alone.