Quote:
Originally Posted by Woodsy
The law is not poorly written.. it is written to be easily enforceable. People unfortunately take the term "No Wake Zone" literally... when the term "No Wake Zone" is actually defined in the RSA as a "Headway Speed Zone"
Speed is the only thing that can be easily measured (radar, laser, etc) and is routinely accepted in a court of law...
Wake height is not easily measured and very much up for debate...
Woodsy
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Perhaps I wasn't clear. The law is clearly about speed, not wake, which I'm fine with. The poorly written part is how it's written as an "OR" without any sort of clarification and a bit of ambiguity.
As it is written, I see two interpretations:
- One is if you put an "either" before the 6mph
- The other is if you apply the "slowest" to the entire statement (i.e. the slower of either 6mph or maintain steerage")
Applying Boolean logic to the statement, the OR statement means only one of the 2 things must be true. Either 6MPH OR slowest possible to maintain steerage. You only need to do one of these. However, it seems there is enough confusion over the intent of the "slower" phrase, that it has become part of the equation. And in either case, it doesn't clarify if it is speed through water, or speed over ground.
To me, it would be much clearer if it were worded as either:
A) "Headway speed'' means no faster than 6 miles per hour (Speed over Ground i.e. GPS measured) unless the vessel is unable to maintain steerage, in which case the vessel must operate at the slowest possible speed to maintain steerage way. (this means you can go up to 6mph, and only go over in order to maintain steerage.)
or
B) "Headway speed'' means operating at the slowest possible speed to maintain steerage way. (this means go as slow as possible to maintain steerage).
Actual 270-D:1 Definitions
VI. "Headway speed'' means 6 miles per hour or the slowest speed that a boat can be operated and maintain steerage way.