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CALIFORNIA SEEKS TO REGULATE windsurfing
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cbknap



Joined: 03 Jun 1997
Posts: 342

PostPosted: Sun Mar 11, 2018 4:35 pm    Post subject: Reply with quote

So both the story links about the power boat that ran over the sailboat, injuring five and killing one, directly contradict what the senator's aide told Riptide:

Not only did the cops give a BA test to the sailboat captain but they charged him with manslaughter, even though the sailboat was coasting along and was hit from behind by a powerboat driven by a sheriff's official who had just come from a bar.

This is a pointless law and the senator who introduced it needs to kill the bill.
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Goodwind



Joined: 06 May 2005
Posts: 192
Location: On water

PostPosted: Sun Mar 11, 2018 4:58 pm    Post subject: Reply with quote

There was crime committed.....but don't call the cops. Wondering if anyone ever filed lawsuit against the sheriff?
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Riptide



Joined: 15 Jan 2011
Posts: 259

PostPosted: Sun Mar 11, 2018 5:34 pm    Post subject: Reply with quote

"The truth is out there.

Last edited by Riptide on Sun Mar 11, 2018 7:08 pm; edited 1 time in total
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gerritt



Joined: 06 May 1998
Posts: 569
Location: Redwood City, CA

PostPosted: Sun Mar 11, 2018 6:00 pm    Post subject: Reply with quote

cbknap wrote:
This is a pointless law and the senator who introduced it needs to kill the bill.


The point of the law is to allow breath/blood testing where it wasn't allowed before. Underlying that allowance is the goal of preventing boating (now to include sailing, paddling, kayaking, etc) under the influence.

Whether it is a good idea is another matter. Personally, I say kill the bill. Citing a case in Lake County where questionable practices were undertaken does not make the bill pointless.
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PeteV87



Joined: 05 May 2014
Posts: 11

PostPosted: Tue Mar 20, 2018 4:03 pm    Post subject: Reply with quote

I imagine I will soon have to go to the DMV to get a license plate for my skateboard
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DanWeiss



Joined: 24 Jun 2008
Posts: 2244
Location: Connecticut, USA

PostPosted: Wed Mar 21, 2018 8:43 pm    Post subject: Reply with quote

Broadly speaking, a state law in conflict with federal law which applies in federally controlled (USCG) navigable water will default to the federal law. An inland lake (like Isabella) is not considered part of the federal navigable water scheme so state law applies when in conflict with federal law, with certain exceptions related to unconnected topics.

The USCG exempts windsurfers from the ubiquitous PFD requirements by categorizing windsurfers as "water toys" rather than vessels. As to the language of the bill in question, its use of the term "vessel" directly conflicts with USGC/Federal law because it purports to include windsurfers when the federal laws exempts windsurfers.

Therefore, this proposed bill if passed and signed into law, would likely apply only where the USGC does not patrol, like Lake Isabella. It would not apply to San Francisco Bay, for example, or any coastal beaches. Another way to look at this bill is to ask whether the sponsor intended to apply the law to a surfer holding up a towel to sail downwind for fun, or kids on an inflatable raft/rowboat who try to rig a sail?

To me, the question is one of federalism, and is one of the primary reasons US Windsurfing was founded.

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MalibuGuru



Joined: 11 Nov 1993
Posts: 7728

PostPosted: Fri Mar 23, 2018 12:01 pm    Post subject: Reply with quote

http://www.windvisions.com/USCGdefinition.html
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MalibuGuru



Joined: 11 Nov 1993
Posts: 7728

PostPosted: Fri Mar 23, 2018 12:02 pm    Post subject: Reply with quote

http://www.windvisions.com/USCGdefinition.html
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Riptide



Joined: 15 Jan 2011
Posts: 259

PostPosted: Tue Apr 03, 2018 10:06 am    Post subject: Reply with quote

http://www.sfba.org/blog/sb-1247-vessels-machinery-mechanically-propelled-vessel

The SFBA had been working with other user groups on getting this California Senate Bill amended to exclude wording that would have swept up non-powered sailing into criminal law concerning powered watercraft.

Proposed Senate bill has now been amended to exclude non powered watercraft.

Here is the amended legislation for California Senate Bill 1247 dated April 2, 2018

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1247

This legislation will close some loop holes that only really applies to the Sheriffs jurisdiction on inland lakes regarding water skiing, wake Boarding behind power boats. And Jet Skies.
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