Does anyone remember the George Kwok incident?
http://www.laxtongibbens.com/cases/Pers ... /KWOK2.pdf
The Lawyer for the Plaintiff was hired by Terry Jacks (remember that depressing song, "Seasons in the Sun?) who happened to live within sight of the accident and believed that BC Ferries was completely at fault.
This "Oops" reminds me of that tragedy, albeit with a better outcome for the boater.
Yes, the rules state that the unpowered vessel has the right-of-way, but by his admission, the boater in this Oops was;
- Operating a boat with a condition that knowingly hindered his freedom of movement.
- Trying to maneuver a boat with one oar, instead of the normally required two. (I think there is a joke in there somewhere)
- Because of the second point, was operating the boat in a manner contrary to his usual of facing into the direction of travel.
- Operating the boat in an area where floatplane traffic was known, and I could only assume frequent.
- Heard, and was aware of the presence of the aircraft.
- Failed to look for the direction of travel of the aircraft, acknowledge the possibility of collision, and take action to avoid this possible collision.
The Pilot also shares responsibility.
- The passengers and freight should have been secured before leaving the dock.
- Failed to ensure the forward path was free of obstacles that would interfere with the safe operation of the aircraft.
- Should have been generally aware of the possibility of small, unpowered craft in the vicinity.
I still get the feeling that this will play out like the adventures of one of my favourite childhood cartoon characters... Wile E. Coyote.