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cbknap
Joined: 03 Jun 1997 Posts: 373
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Posted: Sun Mar 11, 2018 4:35 pm Post subject: |
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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: 323 Location: On water
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Posted: Sun Mar 11, 2018 4:58 pm Post subject: |
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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: 411
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Posted: Sun Mar 11, 2018 5:34 pm Post subject: |
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"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: 632 Location: Redwood City, CA
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Posted: Sun Mar 11, 2018 6:00 pm Post subject: |
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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: 18
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Posted: Tue Mar 20, 2018 4:03 pm Post subject: |
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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: 2296 Location: Connecticut, USA
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Posted: Wed Mar 21, 2018 8:43 pm Post subject: |
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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. _________________ Support Your Sport. Join US Windsurfing!
www.USWindsurfing.org |
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MalibuGuru
Joined: 11 Nov 1993 Posts: 9300
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MalibuGuru
Joined: 11 Nov 1993 Posts: 9300
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Riptide
Joined: 15 Jan 2011 Posts: 411
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