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Speeding Tickets on a Windsurfer?
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windnutter



Joined: 19 Oct 2015
Posts: 7

PostPosted: Mon Jul 25, 2016 9:04 am    Post subject: Speeding Tickets on a Windsurfer? Reply with quote

I had a really odd experience last friday. I was sailing out of the harbor to get into the Long Island Sound powered up 8.5 slalom kit probably doing 20 kts. All of a sudden behind me I heard a boat and a siren and the local police boat was on the haler telling me to get off the board.
He told me I was speeding in a no wake zone and that boat traffic should not exceed 5mph. I said I was n't a boat and really was n't sure of the rules as no one has ever bothered me before. He gave me 30 minutes to leave the water or I would be up in front of a judge.
He also told me to find out the rules as it was n't his problem.
I really have no idea if windsurfers are counted as boats or not and what the rules are. As a side note there are foiling Moths and Wasps that race in the harbor so I don't see why I am different to them!
If anyone has any experience of this I would greatly appreciate them sharing any knowledge. Thanks
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theconverted



Joined: 25 Jun 2015
Posts: 16
Location: Boston Area

PostPosted: Mon Jul 25, 2016 9:24 am    Post subject: Reply with quote

Where exactly where you at the time? I'm guessing somewhere in CT. Depending on exactly where and what the special zone might have been he may or may not have been right. The general law is worded to MOTORBOAT, where as a lot of the special enforcement zones list vessel. There unfortunately isn't a definition for what exactly a "vessel" is, but that would be the crux of the argument.

I've had some interesting interactions with the Candlewood lake patrol not knowing the laws myself. Always interesting when you have to educate law enforcement of what the laws are.

http://www.ct.gov/deep/lib/deep/regulations/15/15-121-B12throughB18.pdf
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windnutter



Joined: 19 Oct 2015
Posts: 7

PostPosted: Mon Jul 25, 2016 9:34 am    Post subject: Reply with quote

Thanks. I was in NY, sailing out through Rye Harbor. I'll check whether it says motorboat or vessel as that seems to be the key.
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venturi



Joined: 24 Apr 2001
Posts: 3

PostPosted: Mon Jul 25, 2016 10:15 am    Post subject: Reply with quote

Not surprised at all. The God complex that comes with the badge is particularly bad on the water where the Constables have the additional buffer of safety, few if any witnesses, and the opportunity to kill time as they see fit. I've had mind-bending interactions with our local Bay cops on the east end of long island over the decades. Windsurfing, paddleboarding, kiteboarding, water skiing and just plain sitting on the boat at anchor... in every possible permutation I have experienced the absurd with these guys. They are not out for safety... they almost NEVER enforce BWI, drug possession, illegal fishing/harvesting, or reckless and dangerous behavior... they are idling about in the sunshine looking to ruin someone's day at random. Every time I see the patrol boat, I quietly head the other direction as inconspicuously as possible... because they don't need a reason, and they WILL ruin whatever you had planned for that day. You can certainly investigate the rules, but I promise you that the rules don't matter. If he sees you out again somewhere else and doesn't have anything better to do, he'll pull you over again and this time give you a ticket because you don't have a throwable Type IV flotation device aboard your "vessel."
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theconverted



Joined: 25 Jun 2015
Posts: 16
Location: Boston Area

PostPosted: Mon Jul 25, 2016 10:19 am    Post subject: Reply with quote

You're in luck and they didn't know the laws.

"No motor-drive boat shall be operated at a speed exceeding five statute miles per hour, except for boats and vessels operated by police, emergency officials or federal enforcement officials in the line of duty or under emergency circumstances."

http://ecode360.com/6971871
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windnutter



Joined: 19 Oct 2015
Posts: 7

PostPosted: Mon Jul 25, 2016 10:30 am    Post subject: Reply with quote

That is great, thanks. I should probably laminate it and stick it in the back of my wet suit for next time. You would think they would know their own laws....
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isobars



Joined: 12 Dec 1999
Posts: 20935

PostPosted: Mon Jul 25, 2016 11:40 am    Post subject: Reply with quote

adam2003 wrote:
That is great, thanks. I should probably laminate it and stick it in the back of my wet suit for next time. You would think they would know their own laws....

Naaaah ... too many laws for a beat cop to learn them all. I've had to take a few cops and/or tickets to court armed with written laws I thought they should know but didn't. I've won every time so far, but I don't presume that I will the next time.

I can even guess what the next such bogus stop will be, and carry that statute with me in my vehicles, but have little faith that it will deter a cop from writing me up. My only hope is that seeing the written Washington code before they start writing will make them stop and think about their biggest personal waste of time, often when they're not even on duty: court time. Another incentive for them putting the ticket book away is their risk of losing in court.

Laminating that law and taking it with you is probably a good idea.

A ranger was about to give a young lady a ticket for not wearing a PFD while sitting on her longboard with her feet on the bottom in knee-deep water. I'm guessing she got off with a warning "this time" primarily because she informed him that she was a partner in a well-known local law firm and assured him he was out of bounds.
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jingebritsen



Joined: 21 Aug 2002
Posts: 3371

PostPosted: Mon Jul 25, 2016 1:20 pm    Post subject: Reply with quote

barney fife was on duty.
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joethewindsufa



Joined: 10 Oct 2010
Posts: 1190
Location: Montréal

PostPosted: Tue Jul 26, 2016 4:55 am    Post subject: Reply with quote

speeding again aye ? (aye is for us Canadians)



doh - oh sorry, that's Homer
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mat-ty



Joined: 07 Jul 2007
Posts: 7850

PostPosted: Thu Jul 28, 2016 3:57 pm    Post subject: Reply with quote

Was he young(under 30)? Young cops can really be dick heads, thankfully they seem to mellow out with age.
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