# Fatal accident on Buzzards Bay



## CalebD (Jan 11, 2008)

I was a little surprised that this item did not get posted by someone else. 
CapeCodTimes.com - Buzzards Bay boat collision kills sailor
Big motor boats are a little scary when out on the water. I have a bit more faith in the commercial boats than the private ones that go here and there.


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## Rockter (Sep 11, 2006)

The heads will roll for that, methinks.


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## Jonesee (Nov 17, 2007)

I did a quick search of documented vessels and there was only boat named "REASONS" on the search. It is listed as a 62.5' Searay out of Gloucester MA. Anyone know the boat? Is this it?

Any more description in the news?

I am editing the post because I found another link with a pic of the boat. Hmmm, kinda looks like a Searay from the stern. And although you can't see the total name of the hailing port, what you can see fits.

SouthCoastToday.com: One dead in boat collision

My thoughts and prayers are with this sailor's family.


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## kai34 (Jul 16, 2008)

this is such a sad story. my heart goes out to the family.
-kai


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## RickQuann (May 27, 2005)

This is a terrible accident and clearly a case of criminal negligence on the part of the powerboat operator


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## malovich (Jun 24, 2008)

I think the biggest danger to sailors are power boat captains.
How does something like this even happen?


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## davidpm (Oct 22, 2007)

*Survivor recalls ordeal at sea*

July 20, 2008 6:00 AM
DARTMOUTH - Police on Saturday continued to investigate a boat collision that killed a prominent retired businessman and experienced sailor Friday afternoon, as more information emerged about the accident and the power boat that knocked him into the water.
David J. Walsh, 64, died after a 60-foot power boat, the Reasons, collided with his 35-foot sail boat, the Priority, off Padanaram around 1:30 p.m. Friday, throwing him overboard. A Coast Guard response boat transported the man popularly known as "D.J." to State Pier in New Bedford and he was later pronounced dead at St. Luke's Hospital in New Bedford.
Mr. Walsh's friend, Warren G. Hathaway, 66, of Dartmouth, was treated at St. Luke's Hospital Friday for non-life-threatening injuries and was released Saturday morning. Mr. Hathaway is publisher emeritus of Hathaway Newspapers, part of the SouthCoast Media Group.
"D.J. was a beloved person by hundreds of people, a dear friend of mine and it was just a horrible day in my life," Mr. Hathaway said Saturday while at home with his family. "The entire incident was just a terrible shock."
Mr. Hathaway and Mr. Walsh had been friends for many years and shared a love for sailing. Mr. Hathaway is the coach and Mr. Walsh was the assistant coach of the Dartmouth High School sailing team.
Mr. Walsh also was the retired president of Teledyne Rodney Metals, a specialty metals manufacturer, and past chairman of the Buzzards Bay Regatta.
Friday morning, the men sailed the Priority to the Elizabeth Islands from Padanaram, with Mr. Hathaway at the wheel of his friend's boat.
"D.J. was relaxing while I was sailing the boat. We had a wonderful day."
Later, as Mr. Hathaway steered the boat north to head home, he told Mr. Walsh he wanted to go down below to look around. Mr. Walsh then took control of the boat, Mr. Hathaway said.
After several minutes down below, Mr. Hathaway settled into a settee and fell asleep as the sailboat drifted over calm waters. But five minutes later, he was jolted awake by Mr. Walsh's distressed shouts from above.
"I remember him screaming, 'What are you doing?' but I never had an opportunity to get to the cockpit."
As Mr. Hathaway scrambled to get to his friend, he heard the Reasons approaching.
"Down below in a sailboat, you can hear the vibrations humming in the water from power boats nearby. I knew it was a powerful boat because of the level of the engines. I've been around boats for 60 years, so I could tell."
The Reasons hit the Priority with such force that Mr. Hathaway said he was thrown across the salon. The power boat pushed up onto the sailboat and off the other end in seconds, tearing through the cockpit and blocking Mr. Hathaway's exit.
Water quickly filled the cabin up to Mr. Hathaway's knees. Afraid he would drown, he tore through Plexiglas leading to the cockpit and pulled himself out, suffering lacerations across his body from the jagged edges.
"When I got to the cockpit, the first thing I saw was total devastation," he said. "The most eerie thing about it was the contrast between the tremendous noise of the boat hitting and going right over our boat, and when I got through that hole, it was totally quiet. The sail was still up."
Covered in blood, Mr. Hathaway scanned the water in search of Mr. Walsh, but to no avail.
"When I couldn't find D.J., I've never been more heartsick in my life."
Mr. Hathaway spotted the Reasons about 100 yards away and yelled in the hope that its captain would see him. When the boat got closer, Mr. Hathaway asked the captain to call the Coast Guard for help. He heard the mayday coming from the radio in the sailboat's cabin, now almost completely filled with water.
Mr. Hathaway said he blames the collision on the "inattention" of whoever was operating the Reasons.
"We were going four knots and he was going three and a half times that fast," he said.
Power-driven vessels are to keep out of the way of sailing vessels at all times, according to navigation rules established by the United States Coast Guard. When one vessel gets too close to another, it is deemed to be "overtaking" that vessel.
The District Attorney's Office and the Massachusetts Environmental Police declined to release information about the Reasons and its three-person crew Saturday, nor any information on what may have caused the collision. Both offices said more information would be available next week.
"The investigation is ongoing and will continue throughout the weekend and likely spill over into next week," said Gregg Miliote, spokesman for Bristol County District Attorney C. Samuel Sutter.
Fred M. Bevins of Gloucester is the owner of the Reasons, a recreational boat built in 1993, according to a Coast Guard vessel database on the National Oceanic and Atmospheric Administration Web site.
Mr. Bevins did not respond to a phone message left at his residence Saturday.
Mr. Hathaway said the Reasons' captain, his wife and grandson were on board the Reasons when the collision happened.
Mr. Hathaway said he spoke with investigators Saturday morning. For now, Mr. Hathaway said he is focusing on his recovery, spending time with his loved ones, and remembering his best friend.
"My friends were a tremendous solace to me at the hospital. They knew we had just lost D.J. and they were just so comforting to me. Now we are all doing the best we can, and we need to heal."


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## Jonesee (Nov 17, 2007)

I thought about this alot last night.

Well equipped Searay on a clear day with 1' seas. My bet is autopilot and the crew is below. I'm betting the Capt. put it on autopilot for a return trip and went below. The Searay had radar too. No alarm set? Terrrible, tragic waste.


Sad, terribly sad.


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## knothead (Apr 9, 2003)

This is a very sad story. 
A life was lost, and others changed forever.
It seems that there was inexcusable negligence involved. I wouldn't want to have to live with the guilt that the operators of the power boat must be feeling.
I would like to express my heartfelt sympathy to the victims family.


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## JohnRPollard (Mar 26, 2007)

Unfortunately, although this sounds like a freak accident, it is not altogether uncommon. There have been several similar incidents on Chesapeake Bay during the past decade. And that tally does not include the uncounted near misses.

We alone have had several instances where large powerboats on plane have passed close to us, requiring us to alter course, with no indication that their crew had observed us. As a safety precaution, we monitor any such boats in our vicinity and assume that a potential collision course could develop. Shouldn't be that way, but unfortunately there are a lot of bozos out there with more money than brains.

One of our own sailnet members, Bubb2, and his family sustained serious injuries in a similar incident. Search the archives for a detailed description.

And I'm very sorry that we've lost another good sailor.


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## JagsBch (Jan 19, 2007)

This is a tremdous lesson in situational awareness and not assuming that the Jackass coming near you has a clue as to what he is doing or is even at the wheel for that matter. This was a senseless tragedy.


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## TSOJOURNER (Dec 16, 1999)

*Buzzard's Bay accident*

The USCG should take Mr. Bevin's power boat & blow it out of the water to save 
the lives of other boaters he will eventually run over. What a disgusting, wealthy, individual. Lots of money and NO brains. 
What does he do, put his future on autopilot? I hope he had a lovely afternoon that day & didn't blemish his oversize powerboat's gelcoat.
May he rot in hell.

Sailors rule !!

Astoria
C&C 27


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## fullkeel7 (Apr 16, 2008)

With all due respect, I have to disagree with the 'freak accident' discription of this, or any other similar incident of this nature. I'm not sure I even buy into the 'accident' term. A conscience, premeditated decision was made by someone to engage autopilot and leave the helm(or otherwise become so distracted) of the boat with no REQUIRED lookout. This scenario may or may not have been the case, but HOW else can you explain what happened. I can't imagine anyone of average intelligence not seeing or even considering running over a 35' sailboat while at the helm. This mindset is right up there with the once accepted practice of killing someone(well at least the lack of any REAL consequences) while driving an automobile intoxicated...."Sorry, I was drunk and was just having fun, I really didn't mean too"! The at fault gets a $50 dollar fine(some of us older guys remember those days) and the family of the deceased is left with a lifetime of grief. Thank god for MADD!

Until this kind of irresponsible behavior is met with SERIOUS jail time and wealth taken from the 'responsible', IMO this type of incident will just continue. Yeah, I'm sure who ever was driving the boat feels just terrible, but other than loosing a heap of cash, the beat goes on for him. But I'm sure Mr. Walsh, after working all his life to achieve retirement, had some other interests to explore.

As someone that was almost rundown by a sportfish with no watch at the helm, almost killed by a guy that ran a red light by 3 sec., who watched my wife being cut out of the wreckage while Mr. Mocho commented to the investigating officer that "I thought I could MAKE IT" and was almost 'T' boned and run off the road by a guy that was too ingrossed in the inside of his nose, I have absolutely no sympathy for these unthinking @$$holes! 

Our only defense seems to be to keep a close watch for the "OTHER" guy and the stupidity that some are capable of. Yes, the sport of boating can't be beat as a form of relaxation but one can NEVER, EVER let the 'guard' down.

This incident is a very sad commentary on some of the boating public's attitude on safety...or the lack of. Heart felt sympathies to Mr. Walsh's family and friends.

Sorry...this kind of story just FRIES me....End of rant.

Be Careful Out There!


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## sailaway21 (Sep 4, 2006)

In my opinion, every sailor should have neat to hand the devices required for "signals to attract attention". Practically speaking these consist of a small air horn and a powerful flashlight. Combine these with an ever vigilant lookout and the sailor has a chance to avoid catastrophe.

I'll not comment on the case at hand for obvious reasons and I'd discourage anyone from attempting to reach conclusions based solely upon reports from the media.

It's been said before, and bears repeating, that we sailors can grow complacent based upon the fact that we are under sail and most of the vessels out on the water are required to give way to us. The very opposite should be true. We are the sitting ducks and we are the ones least able to avoid, or run away from, trouble. The powered vessel has much more of an opportunity to alter course when in a close quarters situation and avoid a collision. We do not have that luxury as we're slow moving and will always be slow moving. Our only hope is the ability to attract attention and the hope that other vessels see our signals in time.

If we do not have those signaling devices within easy reach they're as useless as if we had them not at all.


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## knothead (Apr 9, 2003)

I don't know who referred to this as a freak accident, but it was either an accident or premeditated. 
I'm not saying it can be justified. I can't see how it could. But it was an accident. 
Stuff happens. Sometimes horrible, cruel and unfair stuff happens. 
Stupidity isn't a crime yet but you sure as hell can be sued for it.


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## btrayfors (Aug 25, 2006)

This was no freak accident!

A 35' sailboat under sail in broad daylight with decent visibility and light winds, making about 4 knots, run down by a full-powered 63' powerboat at speed....no, this was criminal negligence, no matter how you cut it.

There simply are no excuses, save the possibility of the helmsman overcome by a heart attack, and that doesn't seem to be the case at all. At least not before the accident.

By all accounts thus far, and on the face of it alone, this was an avoidable tragedy caused by gross incompetence on the part of the operator(s) of the power boat.

Unfortunately, as was mentioned, this type of occurrence is becoming more commonplace, as numbskulls with more money than learning or common sense link their autopilots to their GPS, press the buttons, and head out at full speed leaving the electronics to take care of the boat's trajectory.

I agree with the sentiment that this incident is so blatant that it should be prosecuted in both criminal and civil courts, and those responsible should be punished very severely. 

There should be no room on our waters for these kinds of imbeciles.

Bill


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## Jonesee (Nov 17, 2007)

Actually depending on the findings of the investigation, Negligent Homicide could be a criminal charge pending. Although I know a man who ran down a jetski killed 2 people and never stood criminal charges.

There will most definitely be a civil suit.

As for the accident being a freak accident or not. I plotted the lat/lon from the mayday call. As I have never sailed up in this area and am not familiar with the area. It appears to have happened in 56' of water, a couple of miles from the nearest shoreline and not in a defined channel. That alone makes it somewhat of a freak accident. Maybe you all have 10,000 boats at any time and you can walk from boat to boat, but not where I sail (nw Florida). I am NOT minimizeing what this skipper did!! But there was alot of water out there for them to find one another. It would seem a more common accident in channel or close to a port or shore where boats are forced together.

As for the skipper of the power boat. I think when the investigation is done he will have no rational reason for allowing this tragedy to happen.


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## JohnRPollard (Mar 26, 2007)

fullkeel7 said:


> With all due respect, I have to disagree with the 'freak accident' discription of this, or any other similar incident of this nature.


Folks, the "freak accident" quote was taken from my post. The point I apparently failed to make clearly was that I do not consider it any such thing. Poor wording on my part -- I should have begun with something more to the effect: "While some non-sailors may dismiss this as nothing more than a freak accident, unfortunately it's an all too common occurrence..."

Apologies for the confusion.


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## sgkuhner (May 5, 2002)

John, I must agree with you that this is an all too common occurrence. Kitty and I were motor sailing Tamure back from Nassau to West Palm Beach in light winds when the engine quit. It was at night and we were about three miles off Great Isaacs light. We were just ghosting along when I looked around and saw a big mega-yacht coming towards us. I got on the radio on channel 16 and called "the Power yacht at position......" no answer. then I got out my search light and shinned them on my sails. No reaction. The power boat was on a collision course and coming at me fast. I then turned the search light into his wheel house and when they were about 50 yards away the man at the wheel must have finally noticed my search light and they did a sharp 90 degree turn and continued on their way. Still no answer on the VHF when I tried to call them again. Let me tell you my heart was pounding. I am sure he was on auto pilot with a mark just off Great Isaacs Light as a way point.


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## bubb2 (Nov 9, 2002)

My heart goes out to the Walsh family and to Mr. Hathaway and his family. I have been in similar circumstances.

http://www.sailnet.com/forums/general-discussion-sailing-related/8103-can-happen.html

I still do not understand how these things happen. Lack of attention! Maybe. But the power boat in this collision and the power boat in my collision both had family members aboard. Don't these skippers care about their own family's? Or is it attitude that they are the biggest boat, and the rest of us need get the hell out of their way! I don't know!

All I know is these collisions do not need to happen!


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## Rockter (Sep 11, 2006)

It's not just powerboats that do it. 
In 2007, some moneyed bozo was motoring up Loch Ness on autopilot. I had very little wind and I was sailing. It took some time to realise that there was no-one on watch. I sounded 5 short blasts on the klaxon, again and again. I started the motor quickly, and pulled away a little. Then someone stuck their head up and changed course, when about 30 metres away, and some woman waved weakly at me and the crew as they passed, now about 15 metres away.
I was furious, and voiced it, and the experience hung over me for days.
It's stupid and reckless.
What if we had no engine? I mean this guy and his blade must have been pulling 6 knots, and weighed 8 tons or so. It makes an awful mess.
Loch Ness is a big loch, about 25 miles by about 1.5.
I could understand someone going below for a moment or two, but there is no excuse for this.
If I could have reached across to grab the bastard I would have kicked hell out of him and started my criminal record. 
You must have someone on watch.


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## fullkeel7 (Apr 16, 2008)

Bubb2, thanks again for the re-post....should be required reading for EVERY boater. A harrowing example of what can happen if inattentive at the helm or worse, absent. I've read your post several times and still find it hard to wrap my thoughts around what you must have gone thru. Sorry you went thru the whole ordeal and all the best to you and your family.

I am not sure if any of us will ever understand how these things happen. Whether through inattention, attitude or ego, I just wish skippers would keep in mind the devastation they can possibly inflict on others.

Bob


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## bubb2 (Nov 9, 2002)

Thank you Bob. Your post is well stated. I do bring up my ordeal (not to call attention to my self) but if another sailor can learn from it, than it was worth going though. My wife may have different view's!


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## sailingdog (Mar 19, 2006)

Unfortunately, this is all to common an incident, especially with powerboats being the offending culprit. *Look at the Clear Lake case, where the powerboat operator is clearly at fault, but isn't being prosecuted since he is the second-highest LEO in the jurisdiction. *


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## CalebD (Jan 11, 2008)

bubb2,
I read your post of being hit near the GW bridge. Glad to know that you and your family are still alive and that you are still posting here. One thing I am curious about though is are your legal proceedings over and done with now that it is 2008? Another curiosity to me is your home port as my Tartan 27' is at Nyack Boat club.
I have sailed some of the same waters as you have and it is the motor boats that always scare me in the limited channels of the western Sound and the Hudson. I know I am not crazy for being anxious when in such congested areas. The commercial ships generally have a pretty good look out and we have to watch out for them but there can be so many other 'folks' out on the water.
You were lucky and smart. It was a bad day in Padanaram for Mr. Walsh and even Mr. Hathaway.
Ship happens and you better be watching everyone else as well as your own vessel.


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## AlanBrown (Dec 20, 2007)

Sgkuhner's post about almost getting run down on his way back to Nassau brings up an important point. Regardless of who has the right-of-way, it is the legal responsibility of BOTH captains take whatever actions are necessary to avoid a collision. 

The USCG requires both captains to be aware of their surroundings, nearby boat traffic, and other hazards at all times. This is why watch keeping is so important.

I expect the captain of the powerboat to be assessed primary responsibility for causing this tragic accident. However, I also suspect it will be determined that the sailboat captain also bears some responsibility for what happened. Had he been keeping a proper watch, he may have been able to take steps to avoid the collision.

There is no excuse for what happened, but it should serve as a reminder to all of us to stay alert and focused.


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## nolatom (Jun 29, 2005)

Beyond condolences to the family, I have the same thought as SailingDog. 

In a parking lot of unlimited dimesions, a 40-knot suv runs over a pedestrian. Both were on straight courses, speed factor at least 10 to one.

Pedestrian gets charged? The only fortunate aspect to this Buzzards Bay tragedy is that it was on federal waters, and we might expect an objective investigation. As opposed to that in the Clear Lake case, with county investagors and one of their own in the powerboat..

I sometimes think autopilot should be unavailable to any boat that can go over 20 knots, the CPA's just come up too fast. But that's just me...


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## bubb2 (Nov 9, 2002)

CalebD said:


> bubb2,
> I read your post of being hit near the GW bridge. Glad to know that you and your family are still alive and that you are still posting here. One thing I am curious about though is are your legal proceedings over and done with now that it is 2008? Another curiosity to me is your home port as my Tartan 27' is at Nyack Boat club.


No the legal stuff is not over. We will be going back to trial this fall. My home port is right across the river from you, Tarrytown. Hello Neighbor.


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## sailingdog (Mar 19, 2006)

Alan-

Given the following quote from one of the articles on the incident.



> "It was my understanding that a fairly large power boat ran up over D.J.'s stern and threw him into the water. Warren Hathaway was below decks. He scrambled up, the boat was taking on water," Mr. Kenney said. "D.J. probably didn't even see it coming."


If the powerboat was going fast enough to run up and over the stern of the sailboat, it was probably going fast enough that avoiding it might have been fairly difficult. COLREGS Rule #6 says:



> RULE 6
> Safe Speed
> *Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. *
> In determining a safe speed the following factors shall be among those taken into account:
> ...


Given Rule #6 and the fact that the powerboat was clearly overtaking the sailboat, and the speed differential involved, I see the powerboat as being primarily responsible. In many ways, this is a very similar situation to the Clear Lake one, where an irresponsible powerboater clearly was traveling at an unsafe speed and is primarily at fault for the death of a person on the sailboat.

We don't know exactly how fast the power boat was going, but if it was going fast enough, there might have been little or nothing the sailboat could have done to avoid the collision.

Granted, visibility in this case was greater than that of the Clear Lake incident, but doesn't that mean the powerboat should have had MORE TIME to act to avoid the collision, yet failed to do so.

Bluntly put, gross negligence on the part of the powerboat is the reason people died in both cases.


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## sailaway21 (Sep 4, 2006)

Dog,
I'm not so sure that Alan was so much interested in the assignation of responsibility as he was raising the same point that I did.

Given that we know what can possibly happen on the water, what measures are appropriate for the sailor who does not wish to end up in a similar situation? Given that changing course may not improve the situation, and could even contribute to a collision, I continue to think that not only a strict lookout policy and having signaling devices close to hand are highly advisable. I'd bet that most sailors have an air horn nowhere near the helm. These type of incidents are tragic in that both parties lives are ruined and, if there is to be any good come out of them, it is in the re-evaluation of our seamanship practices.


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## sailingfool (Apr 17, 2000)

In addition to the air horn and a bright light near the helm, I always start my Westerbeke before dropping off the mooring, even though I prefer to have a sailing day pass without any use of the engine. But I want the engine warm so it will start in a few seconds, as quick engine use may be the best shot at an escape from an in-attentive powerboat on a light air day. Although in my opinion, not a very good shot at that.


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## sailingdog (Mar 19, 2006)

well said sway... for once, you're clear and articulate...  I think visual as well as audible signals would be a good idea, since some of these power boat idiots have a lot of noise and are often blasting their stereos a high volume, making all but the loudest of horns inaudible.


sailaway21 said:


> Dog,
> I'm not so sure that Alan was so much interested in the assignation of responsibility as he was raising the same point that I did.
> 
> Given that we know what can possibly happen on the water, what measures are appropriate for the sailor who does not wish to end up in a similar situation? Given that changing course may not improve the situation, and could even contribute to a collision, I continue to think that not only a strict lookout policy and having signaling devices close to hand are highly advisable. I'd bet that most sailors have an air horn nowhere near the helm. *These type of incidents are tragic in that both parties lives are ruined and, if there is to be any good come out of them, it is in the re-evaluation of our seamanship practices.*


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## primerate84 (Jun 14, 2006)

Condolences to the family. This makes me realize you need to constantly look behind you in addition to forward, port and starboard. Never thought somebody would be stupid enough to put on autopilot and not stay at the helm or have a look-out. That's damn scary.


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## nolatom (Jun 29, 2005)

Let's all take a deep breath and after expressing our sympathy to the family, wait to find out the eventual investigation result.

We don't know yet, do we, that there was no one at the powerboat's helm other than Iron Mike? (though we suspect that's so, and it may turn out so). The powerboat at least apparentyl stayed on scene since they reported the collision to the Coast Guard (The Stand-by Act requires this). They may be suffering a lot guilt now, too.

I still question putting autopilot into the hands of recreational boats at over 20 knots speed capability. This is what happens. There's a reason for the Lookout rule, which means human vision, not radar, alarms, nor other electronic substitutes for an actual visual lookout in clear weather.


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## sailingdog (Mar 19, 2006)

Last season, when I was on my way back into New Bedford Harbor, I saw a large professional lobsterboat, one that has been featured on the TV show, Deadliest Catch, do exactly that.

The boat, _Direction_, was motoring south in the channel. There was no one visible in the bridge of the boat, and they were headed for the large lighted green buoy, (G "15" Fl G 4s) *(click to see chart)* that marks the channel. I turned to my crew and said, _*"They're going to turn right, they must know that buoy is there."*_ A couple of minutes later, they T-boned the buoy perfectly, well enough to knock the buoy down and have it come up from under the boat and move the boat aside.

They broke the bowsprit on _Direction_ off about halfway down. This is a professional lobster boat that goes out every week past this same buoy, and has for about 25 years, since the boat was built in 1983. The captain and crew really don't get paid unless they're bringing in lobsters... and if the boat is in the shipyard having a new bowsprit built, they ain't getting paid AFAIK. The USCG Documentation info for the boat is listed below...

*So, YES, EVEN SOME PROFESSIONAL MARINERS ARE STUPID ENOUGH TO DO THIS. *


Vessel Name:*DIRECTION* USCG Doc. No.:*664367*Vessel Service:COMMERCIAL FISHING VESSELIMO Number:* Trade Indicator:Fishery, RegistryCall Sign:* Hull Material:STEELHull Number:* Ship Builder:*Year Built:1983  

Length (ft.):65.4 Hailing Port:WESTPORT MAHull Depth (ft.):9.4 Owner:BROADBILL FISHING INC
P O BOX 3428 
WESTPORT, MA 02790Hull Breadth (ft.):21.5 Gross Tonnage:103 Net Tonnage:76 Documentation Issuance Date:January 22, 2008Documentation Expiration Date:January 31, 2009  *Previous Vessel Names:* No Vessel Name Changes  *Previous Vessel Owners:* No Vessel Owner Changes
*(3 of 20)*


primerate84 said:


> Condolences to the family. This makes me realize you need to constantly look behind you in addition to forward, port and starboard. Never thought somebody would be stupid enough to put on autopilot and not stay at the helm or have a look-out. That's damn scary.


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## btrayfors (Aug 25, 2006)

*Let's Get Real*

RE: getting the attention of a power-driven vessel about to run you down at high speed, with no one on the bridge.

In daytime, it seems unlikely that visual signals -- even a flare shot at his bridge -- would help. Nor would sound signals, most likely, since there's the roar of the engines to be overcome.

Let's face it: there's not a whole lot you can do except keep a frequent lookout astern and try to get the hell out of the way fast.

My preference would be a rocket launcher on the stern, but I don't think they're Coast Guard approved 

Not sure about torpedos, but it's sure fun to contemplate their use in such situations!

Bill


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## sailingdog (Mar 19, 2006)

Bill—

You're forgetting my favorites... Floating proximity mines... drop them, and watch the show.


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## JagsBch (Jan 19, 2007)

sailingdog said:


> We don't know exactly how fast the power boat was going, but if it was going fast enough, there might have been little or nothing the sailboat could have done to avoid the collision.


I imagine a boat on auto pilot is going from point A to point B. Being a 50' boat I imagine it is fair to say that he could easily be spotted and heard far enough in advance to be able to be reacted too. Complacency is not something a sailor has the luxury of indulging.

Even if the rules of the road were written in stone what good would they be, i mean how many people you know could list the Ten Commandments? Now we are to just casually assume they know the rules of the road? With all this technology out racing wisdom, and with so many people out there who have more money than sense it is better to be on the safe side, than assume that the Jackass coming at you knows what the hell he is doing...

A 50 foot boat has a beam of what 15 feet at the most? You mean to tell me a sailor does not have time to get the hell out of the way of a 50 foot boat coming at him from a distance in a straight shot with school of thought being the auto pilot was on? I find it very hard to comprehend how anyone could come to the conclusion that the old man could not get out of the way.

The right of way is only right when two are in agreement, it is clear that these two boats where not... One wonders how is it that we have to have a specific license to drive a car, a motorcycle, a semi, so we can all agree to the rules of the road yet when it comes to boating where there are not even lines of the road it is a freeforall kind of like the way the majorities lifestyles seems to be...

Their has got to be some legislations in place to get the message through licensing regarding the rules of the road to keep all the senseless close call's adding up to the point of resulting in fatalities simply and often due to a lack of understanding as to what the rules of the roads are.

The moral of the story don't trust the Jackass's around you, vigilance is key for the safety of you and yours not to mention the Jackass's who are gallycanting in their more money than they know what to do with possessions...


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## sailingdog (Mar 19, 2006)

JagsBch said:


> I imagine a boat on auto pilot is going from point A to point B. Being a 50' boat I imagine it is fair to say that he could easily be spotted and heard far enough in advance to be able to be reacted too. Complacency is not something a sailor has the luxury of indulging.


First of all, if the boat was coming from downwind... it may not have been heard upwind.



> Even if the rules of the road were written in stone what good would they be, i mean how many people you know could list the Ten Commandments? Now we are to just casually assume they know the rules of the road? With all this technology out racing wisdom, and with so many people out there who have more money than sense it is better to be on the safe side, than assume that the Jackass coming at you knows what the hell he is doing...
> 
> A 50 foot boat has a beam of what 15 feet at the most? You mean to tell me a sailor does not have time to get the hell out of the way of a 50 foot boat coming at him from a distance in a straight shot with school of thought being the auto pilot was on? I find it very hard to comprehend how anyone could come to the conclusion that the old man could not get out of the way.


If the powerboat was on autopilot, with waypoints set, it very well could have turned at the last moment and hit them... You're making assumptions that are not in evidence. There would be no way to predict if a boat under autopilot would be set to turn.



> The right of way is only right when two are in agreement, it is clear that these two boats where not... One wonders how is it that we have to have a specific license to drive a car, a motorcycle, a semi, so we can all agree to the rules of the road yet when it comes to boating where there are not even lines of the road it is a freeforall kind of like the way the majorities lifestyles seems to be...
> 
> Their has got to be some legislations in place to get the message through licensing regarding the rules of the road to keep all the senseless close call's adding up to the point of resulting in fatalities simply and often due to a lack of understanding as to what the rules of the roads are.


If the powerboat had turned suddenly, the sailboat may well have thought they were going to be clear, with the powerboat passing safely behind them... They may not have had any reason to expect that the powerboat was going to hit them until the very last moment... and most sailboats can't move very quickly relative to a 60' powerboat.



> The moral of the story don't trust the Jackass's around you, vigilance is key for the safety of you and yours not to mention the Jackass's who are gallycanting in their more money than they know what to do with possessions...


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## mstern (May 26, 2002)

A follow up story, giving more details:

DARTMOUTH — Police on Saturday continued to investigate a boat collision that killed a prominent retired businessman and experienced sailor Friday afternoon, as more information emerged about the accident and the power boat that knocked him into the water.
David J. Walsh, 64, died after a 60-foot power boat, the Reasons, collided with his 35-foot sail boat, the Priority, off Padanaram around 1:30 p.m. Friday, throwing him overboard. A Coast Guard response boat transported the man popularly known as "D.J." to State Pier in New Bedford and he was later pronounced dead at St. Luke's Hospital in New Bedford.
Mr. Walsh's friend, Warren G. Hathaway, 66, of Dartmouth, was treated at St. Luke's Hospital Friday for non-life-threatening injuries and was released Saturday morning. Mr. Hathaway is publisher emeritus of Hathaway Newspapers, part of the SouthCoast Media Group.
"D.J. was a beloved person by hundreds of people, a dear friend of mine and it was just a horrible day in my life," Mr. Hathaway said Saturday while at home with his family. "The entire incident was just a terrible shock."
Mr. Hathaway and Mr. Walsh had been friends for many years and shared a love for sailing. Mr. Hathaway is the coach and Mr. Walsh was the assistant coach of the Dartmouth High School sailing team.
Mr. Walsh also was the retired president of Teledyne Rodney Metals, a specialty metals manufacturer, and past chairman of the Buzzards Bay Regatta.
Friday morning, the men sailed the Priority to the Elizabeth Islands from Padanaram, with Mr. Hathaway at the wheel of his friend's boat.
"D.J. was relaxing while I was sailing the boat. We had a wonderful day."
Later, as Mr. Hathaway steered the boat north to head home, he told Mr. Walsh he wanted to go down below to look around. Mr. Walsh then took control of the boat, Mr. Hathaway said.
After several minutes down below, Mr. Hathaway settled into a settee and fell asleep as the sailboat drifted over calm waters. But five minutes later, he was jolted awake by Mr. Walsh's distressed shouts from above.
"I remember him screaming, 'What are you doing?' but I never had an opportunity to get to the cockpit."
As Mr. Hathaway scrambled to get to his friend, he heard the Reasons approaching.
"Down below in a sailboat, you can hear the vibrations humming in the water from power boats nearby. I knew it was a powerful boat because of the level of the engines. I've been around boats for 60 years, so I could tell."
The Reasons hit the Priority with such force that Mr. Hathaway said he was thrown across the salon. The power boat pushed up onto the sailboat and off the other end in seconds, tearing through the cockpit and blocking Mr. Hathaway's exit.
Water quickly filled the cabin up to Mr. Hathaway's knees. Afraid he would drown, he tore through Plexiglas leading to the cockpit and pulled himself out, suffering lacerations across his body from the jagged edges.
"When I got to the cockpit, the first thing I saw was total devastation," he said. "The most eerie thing about it was the contrast between the tremendous noise of the boat hitting and going right over our boat, and when I got through that hole, it was totally quiet. The sail was still up."
Covered in blood, Mr. Hathaway scanned the water in search of Mr. Walsh, but to no avail.
"When I couldn't find D.J., I've never been more heartsick in my life."
Mr. Hathaway spotted the Reasons about 100 yards away and yelled in the hope that its captain would see him. When the boat got closer, Mr. Hathaway asked the captain to call the Coast Guard for help. He heard the mayday coming from the radio in the sailboat's cabin, now almost completely filled with water.
Mr. Hathaway said he blames the collision on the "inattention" of whoever was operating the Reasons.
"We were going four knots and he was going three and a half times that fast," he said.
Power-driven vessels are to keep out of the way of sailing vessels at all times, according to navigation rules established by the United States Coast Guard. When one vessel gets too close to another, it is deemed to be "overtaking" that vessel.
The District Attorney's Office and the Massachusetts Environmental Police declined to release information about the Reasons and its three-person crew Saturday, nor any information on what may have caused the collision. Both offices said more information would be available next week.
"The investigation is ongoing and will continue throughout the weekend and likely spill over into next week," said Gregg Miliote, spokesman for Bristol County District Attorney C. Samuel Sutter.
Fred M. Bevins of Gloucester is the owner of the Reasons, a recreational boat built in 1993, according to a Coast Guard vessel database on the National Oceanic and Atmospheric Administration Web site.
Mr. Bevins did not respond to a phone message left at his residence Saturday.
Mr. Hathaway said the Reasons' captain, his wife and grandson were on board the Reasons when the collision happened.
Mr. Hathaway said he spoke with investigators Saturday morning. For now, Mr. Hathaway said he is focusing on his recovery, spending time with his loved ones, and remembering his best friend.
"My friends were a tremendous solace to me at the hospital. They knew we had just lost D.J. and they were just so comforting to me. Now we are all doing the best we can, and we need to heal."

Just as interesting to me, one of the comments left on the newspaper's website about the above story, with some heretofore unreported facts about the powerboat skipper:

This is truly a sad and tragic accident, I want to express my deepest sypathies to Mr. Walsh's family and friends as well as my prayers to both the Walsh's and the Bevin's Families. While I did not know Mr. Walsh, I do know Mr. Bevins, he is a licensed Captain and a life long boater. He is very well qualified as a skipper and while I have not spoken with him about this accident, I can guarantee everyone, this was an accident. Mr. Bevins is an avid boater and on the many occasions I have witnessed him behind the wheel, I have always found him to be very respectful of the other boats around him, our home port leads to the ocean via a very long narrow channel that can be very busy, I know Mr. Bevins has had many many years of experience in just those types of situations. Having not spoken to him I have to assume there was either a mechanical problem with his boat or he may have had to put someone else at the helm while he attended to a personal or a mechanical issue. The reason for my post is first to express my condolences to both families and to ask that when you post on this tragedy that you please show respect to both families, these are two very respected people/families that have suffered a tragic loss, my heart and prayers go out to all affected by this sad event,


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## JagsBch (Jan 19, 2007)

sailingdog said:


> First of all, if the boat was coming from downwind... it may not have been heard upwind.


First of all you don't need to hear a 50' boat coming at you, if your at the wheel, it is your responsibility to mind your surroundings, that is all 360 degree's of it in every dimension possible.



sailingdog said:


> If the powerboat was on autopilot, with waypoints set, it very well could have turned at the last moment and hit them. You're making assumptions that are not in evidence. There would be no way to predict if a boat under autopilot would be set to turn.


Thanks for the heads up on that. 

I was making the assumption that the boat being on auto pilot would be traveling from point A-B. This of course changes everything, I stand corrected. In that case your are absolutely right "there might have been little or nothing the sailboat could have done to avoid the collision."

WOW what an epiphany. That is without a doubt a very humbling notion.

Being at the wheel you want to possess the confidence that you are in control on a nice day, but this incident kind of hits home just how little control we do have at times when we allow our lives and that of those trusting us at the wheel when we allow our fate to be put in the hands of those Jackass's around us whom we like to believe have a clue.


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## sailingdog (Mar 19, 2006)

_Sailboat sailors tend to think of autopilots as devices for holding a specific heading-from one point to another-rather than a device that can follow a series of waypoints, mainly due to the fact that sailboats, under sail, can't really do that effectively._* A powerboat doesn't have any such limitation, and as such, could easily have been on a multiple waypoint route under autopilot. *

_* If a boat has clearly passed safely aft of you, how many times do you put that boat out of your mind as a possible problem.*_ I know I've done it myself... and that I would guess that most sailors would do the same.

_The captain of the sailboat may have very well been aware of the 60' powerboat, but put it out of his mind as a possible danger, since it had passed safely aft of his boat. _*If the powerboat then turned suddenly, the sailboat's captain might not have realized the danger until it was too late, especially if the boat was downwind-where the change in engine sound would be far more muted.*


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## bubb2 (Nov 9, 2002)

sailingdog said:


> _Sailboat sailors tend to think of autopilots as devices for holding a specific heading-from one point to another-rather than a device that can follow a series of way points, mainly due to the fact that sailboats, under sail, can't really do that effectively._* A powerboat doesn't have any such limitation, and as such, could easily have been on a multiple way point route under autopilot. *
> 
> _*If a boat has clearly passed safely aft of you, how many times do you put that boat out of your mind as a possible problem.*_ I know I've done it myself... and that I would guess that most sailors would do the same.
> 
> _The captain of the sailboat may have very well been aware of the 60' powerboat, but put it out of his mind as a possible danger, since it had passed safely aft of his boat. _*If the powerboat then turned suddenly, the sailboat's captain might not have realized the danger until it was too late, especially if the boat was downwind-where the change in engine sound would be far more muted.*


Dog, I have Captained lots of boats with autopilots integrated with chart ploters. Raymaire, B&G, Simrad, Furuno etc.

When the boat reaches a way point the Chart ploter will beep or flash then you have to hit a button on the autopilots for it to change course to the next way point. If there are units out there that will turn a boat with out some type of input from a person at the helm that it is safe to do such, I am unaware of them. This would be dangerous.


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## sailingdog (Mar 19, 2006)

Bubb- 

I never said it was totally automatic. If the person has an autopilot remote display down below, he might hit the button without checking thoroughly to see if it was safe to do so. It would have much the same effect as a fully automatic system. All of this is speculation...but something to think about as well.


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## BHubbard (Jul 22, 2008)

Freak accident ??? I doubt that. How do you spell negligence ???


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## AlanBrown (Dec 20, 2007)

Sailingdog,

This is the point I was trying to make. Also from COLREGS:

Rule 5

Look-out

Every vessel shall at all times maintain a proper look-out by sight as well as by hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Alan


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## Boasun (Feb 10, 2007)

AlanBrown said:


> Sailingdog,
> 
> This is the point I was trying to make. Also from COLREGS:
> 
> ...


DITTO! DITTO! DITTO!


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## sailingdog (Mar 19, 2006)

My point is that *even had the sailboat been keeping a proper watch-and it very well may have been keeping a proper watch-a power boat could easily make a maneuver that would leave the sailboat with no way to dodge. 
*


AlanBrown said:


> Sailingdog,
> 
> This is the point I was trying to make. Also from COLREGS:
> 
> ...


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## davidpm (Oct 22, 2007)

"I remember him screaming, 'What are you doing?' "

I wonder what that comment meant?

The captain saw it comming for at least a few seconds.
Also as the sails were still up the boat may have been hit at an angle otherwise the mast would have been taken down as the big boat road over the smaller boat.


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## JamesSkok (Jun 1, 2007)

This is too similar to an incident that occurred a few years ago off the NJ coast. A 40-plus motor yacht ran over three retirees out for a day of fishing in a small boat. It, too, was a clear, bright day with unlimited visibility; calm seas. The owner/captain said he was on the bridge, but did not see the small boat because of sun glare. (It was never reported being asked why he did not just throttle back if he could not see.) The motor yacht had been observed by a charter boat captain as having no one visible on the bridge deck as the the boat passed them at cruising speed. The motor yacht captain
(strike that, I don't think he was a licensed CG captain, so I will just refer to him as the inattentive owner.) Yes, this still bothers me that he was arrogant in his defense. They even tried to put the blame on the hapless recreational fishing buddies. It is the arrogance that really bothers me in a situation like this; no responsibility for their actions.


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## beej67 (Apr 2, 2008)

How often, historically, do negligent stinkpotters get away with crap like this without jailtime?


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## sailingdog (Mar 19, 2006)

A few seconds isn't enough time for a slow moving sailboat to escape the path of a fast moving powerboat generally. You may be able to maneuver enough to reduce the damage, but you won't generally be able to avoid the collision without some cooperation on the part of the powerboat.


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## sailaway21 (Sep 4, 2006)

Continuing the theme of lessons learned....

There are indeed times when seconds count. But the practice of prudent seamanship, virtually by definition, is not getting yourself in such situations.

The same level of diligence that one would show in driving an automobile, even when just out for a Sunday drive, must be shown while afloat. In neither case can it be assumed that the other operator is either paying attention or will take the correct action. Actually, and probably contrary to common practice, more attention should be shown afloat-you've a better chance of surviving a collision in a car than one in a boat.

I'm not sure how applicable it is but I would estimate that the majority of times that I changed course on a ship it was to avoid a close quarters situation from developing. And it was often done at great distance, as soon as it was apparent that we were going to pass closer than necessary. What relevance does that have to a boat you well might ask. In both cases the vessel has a destination generally speaking. The sailboat might be reluctant to tack or even fire up the iron genny to achieve a greater CPA out of a desire to make her destination. And the ship surely has a destination that she equally desires to achieve as soon as possible. In either case a collision makes the achieving of the destination secondary and possibly irrelevant. Getting in close quarters situations, where seconds count and the sentiment, "what the h*** is he doing?", should be avoided-usually by early and substantial action.

I am not typing this based upon the evidence presented in the case in question. Since I do not have all of the facts in the case I have no opinion on it. It's hardly the first case of it's kind and, in fact, there are way too many of them for anyone to be other than a bit nervous on the water. The only redeeming aspect to living nervous is that a good lookout becomes secondary nature. There are a lot of idiots out there-don't let one kill you.


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## JagsBch (Jan 19, 2007)

sailaway21 said:


> Continuing the theme of lessons learned....
> 
> There are indeed times when seconds count. But the practice of prudent seamanship, virtually by definition, is not getting yourself in such situations.
> 
> The same level of diligence that one would show in driving an automobile, even when just out for a Sunday drive, must be shown while afloat.


I am with Saildog on this, if your on a Sunday drive and a vehicle you expect to stay on the otherside of the line at the last second crosses over to your lane all the rules you knew that helped you get your license would mean what? No matter how prudent or safe your driving you still whether you believe it or not are forced to put your life in the hands of people around you who you hope are half as prudent as you are...

How do you tell the person killed as a result of being prudent and staying in their lane, about not getting themselves in that situation. We have to share this world and sometimes the price of sharing it is having to deal with accidents as well as Jackass's...

No matter how many rules you know or how prudent you are, there are simply going to be things that are going to be completely out of your control and there will be times where there is absolutely nothing you can do about it but watch the horror unfold, I have come to grips with this after nearly 17 years of marraige


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## tweitz (Apr 5, 2007)

Even if you see an overtaking 60 footer going 4 or 5 times your hull speed, once it is fairly close there is little the sailboat can do to avoid the accident other than try to alert the motorboat helmsman. If a boat is crawling up behind you and you, as the burdened boat, turn at the last second, there is a pretty good chance that the motorboat may have been just planning to pass close by and may turn the same way. Then the maneuver will have caused, rather than avoided the accident. I always try to keep far away from close quarters situations, and make my course change far enough in advance to avoid near misses altogether, but there are still times when we come uncomfortably close. Just yesterday I noticed a very large powerboat at high speed from at least a half mile away, and commented to my wife that with entire empty bay, I had no idea why he felt he had to pass a couple of boat lenghts away. At least he was keeping watch.


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## sailaway21 (Sep 4, 2006)

tweitz said:


> Even if you see an overtaking 60 footer going 4 or 5 times your hull speed, once it is fairly close there is little the sailboat can do to avoid the accident other than try to alert the motorboat helmsman. If a boat is crawling up behind you and you, as the burdened boat, turn at the last second, there is a pretty good chance that the motorboat may have been just planning to pass close by and may turn the same way. Then the maneuver will have caused, rather than avoided the accident. I always try to keep far away from close quarters situations, and make my course change far enough in advance to avoid near misses altogether, but there are still times when we come uncomfortably close. Just yesterday I noticed a very large powerboat at high speed from at least a half mile away, and commented to my wife that with entire empty bay, I had no idea why he felt he had to pass a couple of boat lenghts away. At least he was keeping watch.


Precisely my point. And you noticed him a half mile away. My automobile analogy may not hold up really well but, if you're on the open road with good visibility, it's not like you should look up and remark, gee-where'd that car come from? Likewise, you shouldn't glance over your shoulder to discover that you're seconds away from a collision. And do we not all pay just that bit more of attention to vessels moving at a high rate of speed?


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## sailingdog (Mar 19, 2006)

Sway-

But what if the powerboat had passed safely aft of the sailboat... most sailors would have seen that and then discounted the powerboat as a threat... but if it turned sharply at that point... it would be a rude surprise.


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## sailaway21 (Sep 4, 2006)

sailingdog said:


> Sway-
> 
> But what if the powerboat had passed safely aft of the sailboat... most sailors would have seen that and then discounted the powerboat as a threat... but if it turned sharply at that point... it would be a rude surprise.


That's why you pay that bit more attention to faster vessels.


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## camaraderie (May 22, 2002)

This seems like an appropriate thread to restate something in terms of setting courses and waypoints.
Many power boaters in my experience will take the maptech waypoints and plug them into their plotters....thus they travel on a standard path from waypoint to waypoint and with the accuracy of today's GPS's... if you in your sailboat are traveling the same waypoints there is a much higher risk of you being hit by a powerboater who is less than attentive. The solution is to plot *your* waypoints 1/10th of a degree to seaward/safety and therefore take the "road less traveled". You'll get waked less often too!


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## Tribe95 (Jun 2, 2008)

Part of the problem I see as a former powerboater/wannabe sailor - other than the differences in speed as they relate to potential-for-damage - is that there is care and skill involved in sailing, often including a lot of practice, formal lessons, mentorship, or all three.

In contrast, anyone with the money can simply buy a big powerboat and do whatever they want with it. And people often _do_. You see it on a lake near my house every weekend, with small ski boats and jet skis zooming back and forth, barely missing one another.

While I won't Monday-morning-quarterback an incident that I'm not investigating, this may very well have been just a larger-scale version of what I see, but with tragic consequences.

Ron


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## jnsailing (Jul 4, 2008)

Tribe

While I agree that the mentality of a lot of pb'rs is turn the key and "drive" there are some idiot sailors out there also. One of them tried his darnedest to create a close encounter with me the other day. We must be ever vigilant.

John N.


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## sailingdog (Mar 19, 2006)

Yeah, but most of the "idiot" sailors aren't going 30-40 knots...  Which is more dangerous an idiot on a jetski doing 20 knots or the idiot in the Catalina 400 doing five.  Think about it.


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## JohnRPollard (Mar 26, 2007)

sailingdog said:


> Yeah, but most of the "idiot" sailors aren't going 30-40 knots...  Which is more dangerous an idiot on a jetski doing 20 knots or the idiot in the Catalina 400 doing five.  Think about it.


Thinking --- thinking --- thinking --- Nah, the only way I can think of that CD could get his Catalina 400 to go 5 knots is if he untied it from the dock. Not likely.


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## jnsailing (Jul 4, 2008)

SD:

Wasn't really addressing the "degree of difficulty" that the idiot was trying to perform - just that there are idiots on both sides. Those fast slithering types are definitely more dangerous and harder to avoid.

John N.


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## sailingdog (Mar 19, 2006)

He could just unbolt the dock and let Dolly have her way with it.


JohnRPollard said:


> Thinking --- thinking --- thinking --- Nah, the only way I can think of that CD could get his Catalina 400 to go 5 knots is if he untied it from the dock. Not likely.


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## sailaway21 (Sep 4, 2006)

sailingdog said:


> Yeah, but most of the "idiot" sailors aren't going 30-40 knots...  Which is more dangerous an idiot on a jetski doing 20 knots or the idiot in the Catalina 400 doing five.  Think about it.


OK, I've thought about it. While the idiot power-boater may get into trouble with excessive speed, he may also get out of it with that same speed. The idiot sailboater tends to get in trouble and stay there. There are more than enough of each to go around.


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## sailingdog (Mar 19, 2006)

SWAY... boy are you cynical today... 



sailaway21 said:


> OK, I've thought about it. While the idiot power-boater may get into trouble with excessive speed, he may also get out of it with that same speed. The idiot sailboater tends to get in trouble and stay there. There are more than enough of each to go around.


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## kai34 (Jul 16, 2008)

tonight im going to try to get a up close view of the two boats. but ive heard from people who have seen the two boats that the powerboat has barley any damage.


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## R100S (May 28, 2007)

*Marine accidents*

I was dismasted last summer in Portland, Me in the inner harbor. I was broad sided by a sail for hire 70' top masted sloop. I was watching her with bare poles as I headed back to the club. Saw the sails being raised. I had sailed off my mooring using just the Genoa. My outboard was not in the water. As we approached each other all seemed okay plenty of room. then her speed picked up as she siled across the harbor perpindicular to the normal traffic. Then I realized she was going to be in my path. I pushed the tiller hard over, but slow hull speed and just the head sail out I was now in trouble. It was happening fast!! Her bow sprit passd just aft of my mast catching the rear stay snapping the mast at the spreaders. I was lucky I wasn't hit be the jagged end of the mast when it came down. It seemed like a no brainer they we're at fault...broke many rules of the sea. I bet the passengers were shook up. CC found me at fault as the 70" was the stand on vessel. End of story.....but what about the 3 crew members who never saw me. I'm not looking to blame someone else I was at fault. But the other vessel have had some responsiblity in this. We they in control of where there vessel was going that it was clear? Now a buddy on a downeast adventure has said he has had two harrassing run ins with lobstermen. One two boats approached him from the rear. One on each side..pushing out big wakes. They passed with in 10' of him putting his cockpit awash with seawater. The other a lobsterman approaching him from the front. Each manuver to avoid the boat the lobsterman would change course also. Finally my buddy realized this guy was playing games. Ron then changed his course and headed his 32' heavy built sloop straight for the other boat he was pissed now. At the last minute the other boat changed course and flipped him off. After these two events he has contacted the harbor masters of the boats home ports with the boats identifying names. He plans to follow up with a tv news team buddy. Okay I need to calm down now.......


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## Tribe95 (Jun 2, 2008)

> Tribe
> 
> While I agree that the mentality of a lot of pb'rs is turn the key and "drive" there are some idiot sailors out there also. One of them tried his darnedest to create a close encounter with me the other day. We must be ever vigilant.
> 
> John N.


Good point - I guess I haven't interacted with the sailing community long enough to find many, but you're right: idiots are all too common _every_where these days

Ron


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## jimmalkin (Jun 1, 2004)

This from Cape Cod Times on the 23rd.
DARTMOUTH - Investigators of a fatal boat accident Friday in Buzzards Bay hope to find clues in the computer and global positioning system records on board the two boats involved, a spokesman for Bristol County District Attorney C. Samuel Sutter said Tuesday.
Meanwhile, The Standard-Times has learned that the skipper of the power boat that struck the sailboat was found guilty of two recent motor vehicle infractions in Southern states.
Friday's boat collision killed David J. "D.J." Walsh, 64, of Dartmouth, past chairman of the Buzzards Bay Regatta and the retired president of Teledyne Rodney Metals, a specialty metals manufacturer.
"We are doing an electronic analysis of the stuff taken from the boats," said Gregg Miliote, spokesman for Mr. Sutter. "There is a lot of hardware — hard drives, GPS systems and all that — that we're taking readings from. We're going to need to await the results."
"In the meantime, we are re-interviewing people involved, re-interviewing the witnesses," he said.
The chief witnesses are the passengers of the Priority, a 35-foot sailboat skippered by Mr. Walsh, and the Reasons, a 63-foot cabin cruiser that struck the Priority in the stern, killing Mr. Walsh.
Warren G. Hathaway, 66, of Dartmouth, publisher emeritus of Hathaway Newspapers, part of the SouthCoast Media Group, sat for two hours with investigators Tuesday, he said. But he would not disclose details of the interview, except to say how impressed he was by the thoroughness and professionalism of those handling the case, including state, local and environmental police.
"They have asked me a million questions. They are doing one thorough job, I will tell you that. But they're not jumping to any conclusions," he said.
He said he has been struggling with the realization of what occurred in the incident. Mr. Hathaway was below decks and was tossed around the cabin before managing to escape through a broken Plexiglas window that cut his legs. He was otherwise not seriously hurt.
Those on the Reasons were Fred M. Bevins III, age 60, and his wife, Ellen Bevins, 60, of Gloucester, along with a 14-year-old believed to be their grandson. Investigators believe they know, but will not reveal, who was at the helm of the Reasons in the moments leading to its collision with the Priority.
According to publicly available records, Mr. Bevins was fined $110 in North Carolina in August 2006 for a speeding violation, the details of which were unavailable.
In July 2007, he was found guilty in a Virginia court of a misdemeanor offense of "improper control" of a vehicle.
Mr. Bevins owns and operates a car repair shop in Gloucester, the Car Shop.


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## sailingdog (Mar 19, 2006)

Hmmm... The guy is convicted of speeding and improper control of a vehicle in the last two years... what is the chance that his irresponsible control of a vehicle extends to his use of powerboats???



> According to publicly available records, Mr. Bevins was fined $110 in North Carolina in August 2006 for a speeding violation, the details of which were unavailable.
> In July 2007, he was found guilty in a Virginia court of a misdemeanor offense of "improper control" of a vehicle.


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## TheFrog (Oct 25, 2007)

A $110 speeding ticket? Oh no, throw him in the slammer! I think probably most of us are guilty of speeding once in a while, sometimes we get caught. But if I remember right $110 is generally a fairly minor speeding ticket. The "improper control" is the real issue.


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## jimmalkin (Jun 1, 2004)

*the mv Reasons leaves Buzzards Bay*

I have tried to stay out of the commentary/observations/speculation on this story as I, like many of our friends on this site, sail through this particular piece of the ocean very frequently. I have been just compulsively followed the news on this tragedy - it hits very close to home; it could have been me killed by the bow of the powerboat.

I'm sharing the two stories that I've posted because they have some new information, but I have to confess that the picture below of the Reasons, powering out and heading home, skippered by her owner who was on board during the fatal collision, makes me shudder. The thought of that vessel, coming up at speed dead astern, is terrifying.

The poor dead skipper was waked at the New Bedford Yacht Club yesterday with his three favorite things - Heineken, cheeseburgers and chocolate chip cookies.

Photo by PETER COVILL/Standard-Times special

By Steve Urbon
SouthCoastToday.com
July 24, 2008 11:26 AM

Piloted by its owner, Fred Bevins of Gloucester, the 63-foot cabin cruiser Reasons left New Bedford harbor Wednesday afternoon after being released by investigators. 
The boat collided with a much smaller sailboat Friday off Dartmouth, killing its skipper, retired industrialist and popular yachtsman David Walsh of Dartmouth. 
Gregg Miliote, spokesman for Bristol County District Attorney Samuel Sutter, said that the Reasons had been extensively photographed and investigated. 
"We conducted an exhaustive analysis of all the evidence we need from the boat," he said. 
The district attorney has released little more information about the probe, including who was operating the Reasons when it came up behind the Priority. 
Mr. Bevins was aboard, along with his wife Ellen, and reportedly his teen-aged grandson as well.


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## Freesail99 (Feb 13, 2006)

When I first read the story about this, the very first thing that came to my mind was who was driving the boat and could it have been the teenage grandson ?


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## sailingdog (Mar 19, 2006)

Is that photo post accident. IF so, there doesn't seem to be much damage to the powerboat.


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## jimmalkin (Jun 1, 2004)

Yup - good question SD - the line under the picture says "Piloted by its owner, Fred Bevins of Gloucester, the 63-foot cabin cruiser Reasons left New Bedford harbor Wednesday afternoon after being released by investigators."

It's ambiguous as to whether the picture was pre or post release. My assumption (always risky) is that SouthCoasttoday.com didn't have a prior photo of the boat and got this one as it left (looks like the New Bedford breakwater in the background.) However, it is possible that they sourced the picture from elsewhere.


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## sailaway21 (Sep 4, 2006)

sailingdog said:


> Is that photo post accident. IF so, there doesn't seem to be much damage to the powerboat.


There usually isn't, Dog. I was part of a CG team that investigated a collision on Lake St. Clair years ago in which a go-fast boat of some 36' ran over an old Chris Craft open decker. Fortunately the only injury was to a Labrador's tail. The two men fishing saw him coming and, shall we say, disembarked, moments before the collision. The only reason the C-C was afloat was wood construction; she was otherwise gutted by the collision. The fiberglas go-fast boat showed minor gel-coat scraping along the keel with one knick in one prop. Mind you, this from a collision where the boat not only hit the other boat but went right on through her.

The shape of the bow, the angle of attack of the bow, and the weight of the boat combined with speed all result in rather little damage to the power boat and rather serious damage to the boat struck.


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## sailingdog (Mar 19, 2006)

Also, the keel of a boat is usually some of the thickest and heaviest laminate on a boat, where the topsides are generally much lighter in construction.



sailaway21 said:


> There usually isn't, Dog. I was part of a CG team that investigated a collision on Lake St. Clair years ago in which a go-fast boat of some 36' ran over an old Chris Craft open decker. Fortunately the only injury was to a Labrador's tail. The two men fishing saw him coming and, shall we say, disembarked, moments before the collision. The only reason the C-C was afloat was wood construction; she was otherwise gutted by the collision. The fiberglas go-fast boat showed minor gel-coat scraping along the keel with one knick in one prop. Mind you, this from a collision where the boat not only hit the other boat but went right on through her.
> 
> * The shape of the bow, the angle of attack of the bow, and the weight of the boat combined with speed all result in rather little damage to the power boat and rather serious damage to the boat struck.*


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## bubb2 (Nov 9, 2002)

I give a dollar to a doughnut that the boat was on auto and the owner stepped away helm for a "second" and a 14 year old paniced when he saw another boat. It happens don't ask how I know


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## davidpm (Oct 22, 2007)

bubb2 said:


> I give a dollar to a doughnut that the boat was on auto and the owner stepped away helm for a "second" and a 14 year old paniced when he saw another boat. It happens don't ask how I know


Can't leave it like that!!! How do you know??


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## bubb2 (Nov 9, 2002)

davidpm said:


> Can't leave it like that!!! How do you know??


Please read post #20 of this thread and click the link.


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## davidpm (Oct 22, 2007)

R100S said:


> CC found me at fault as the 70" was the stand on vessel. End of story.......


Exactly how was this determination made?


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## sailaway21 (Sep 4, 2006)

davidpm said:


> Exactly how was this determination made?


Uh, maybe because he wasn't able to manoeuver his boat as required by the Rules of the Road even though he possessed all the gear to do so but elected not to use it? To wit, another sail and an outboard motor.


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## knothead (Apr 9, 2003)

jimmalkin said:


> Warren G. Hathaway, 66, of Dartmouth, publisher emeritus of Hathaway Newspapers, part of the SouthCoast Media Group, sat for two hours with investigators Tuesday, he said. But he would not disclose details of the interview, except to say how impressed he was by the thoroughness and professionalism of those handling the case, including state, local and environmental police.
> "They have asked me a million questions. They are doing one thorough job, I will tell you that. _*But they're not jumping to any conclusions*_," he said.


We here at SailNet can take care of the jumping to conclusions part.


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## sailingdog (Mar 19, 2006)

I generally try to pass behind any vessel crossing my path... If the wind dies or something else happens, it will usually give me more options than if I had tried to pass in front of them...and usually doesn't leave them in a position to ram me.


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## Jonesee (Nov 17, 2007)

What became of the investigation? What were the findings?


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## recycle (May 6, 2008)

I was in Cutty that day and it was a clear day with great visibility. Had to be a no watch in the helm cause of the accident.


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## jimmalkin (Jun 1, 2004)

SouthCoasttoday.com report as of 30th July on this tragedy:
NEW BEDFORD — It will be late this week at the earliest before Bristol County District Attorney C. Samuel Sutter reveals any details about the inquiry into a boat crash that killed David "D.J." Walsh of Dartmouth nearly two weeks ago, according to a spokesman for the prosecutor.
"We don't want to be hasty, we want to be right," said Sutter spokesman Gregg Miliote. He would reveal nothing further.
As of last week, analysts were being sent the various computers and electronic navigation equipment on board Mr. Walsh's sailboat, the Priority, and the 63-foot power boat, the Reasons, that hit it from behind on July 18 off of South Dartmouth.
Mr. Walsh, 64, of Dartmouth, was past chairman of the Buzzards Bay Regatta and the retired president of Teledyne Rodney Metals, a specialty metals manufacturer. He was knocked overboard and killed while his sailing partner, Warren Hathaway, also of Dartmouth, was thrown around below decks, emerging cut and bruised but otherwise not seriously hurt.
Mr. Hathaway has praised the professionalism of Mr. Sutter's investigation and abided by the D.A.'s request that he reveal nothing of what was discussed.
The Reasons is owned by Fred M. Bevins III, 60, of Gloucester, who was aboard with his wife and 14-year-old grandson at the time of the accident. Investigators have not revealed who was at the wheel of the Reasons when it struck the Priority.
The boat was released last week to Mr. Bevins, who brought it back to Gloucester.


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## Jonesee (Nov 17, 2007)

Interesting that they released the boat. A guy I know was involved in a fatal boat accident and his was not released until the grand jury made their finding. It was considered evidence until then. If memory serves me, it was a year before he got it back.

Please keep us posted on the findings.


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## Ippa2 (Mar 26, 2008)

*Update on Fatal Accident in Buzzards Bay*

This come out today. Powerboat owner facing charges in fatal boat crash.

SouthCoastToday.com: 'The Reasons' owner facing charges in fatal boat crash

NEW BEDFORD - The owner of the 63-foot motorized boat that crashed into a sailboat barely half its size, killing local sailing enthusiast David J. Walsh, will be charged, the Bristol County District Attorney's office said today.

Fred M. Bevins III, 60, of 22 Honeysuckle Road, Gloucester, will be charged with one count of homicide by vessel.

If convicted, he faces up to 30 months of incarceration, a fine of up to $3,000, or both.

A conviction would also cause a loss of license for 10 years.

The criminal complaint will be filed in New Bedford District Court by the Massachusetts Environmental Police.

Investigators allege that Mr. Bevins was the operator of "The Reasons" when it crashed into "The Priority", a 35-foot sailboat.

Mr. Walsh and his friend, Warren Hathaway, were aboard the sailboat at the time of the incident.

Mr. Hathaway sustained minor injuries in the crash.


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## sailingdog (Mar 19, 2006)

Finally, some good news about that mess.... I hope they get a conviction. If for nothing else, it will make the civil suit against Bevins a slam dunk.


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## bubb2 (Nov 9, 2002)

sailingdog said:


> Finally, some good news about that mess.... I hope they get a conviction. If for nothing else, it will make the civil suit against Bevins a slam dunk.


with all due respect, where did it say he was dunk?


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## bubb2 (Nov 9, 2002)

i am sorry read drunk


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## sailingdog (Mar 19, 2006)

Bubb-

I think you need coffee...


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## NautiG (Apr 23, 2007)

SouthCoastToday.com: Regatta will be dedicated to former chairman Walsh

D.J. Walsh leaves a hole in sailing community

The Reasons' owner facing charges in fatal boat crash

Gloucester car shop owner faces charge of homicide by boat - GloucesterTimes.com, Gloucester, MA


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## pirateofcapeann (Aug 27, 2002)

I've said it before and I'll say it again. Most power boaters, hell most boaters think that copious amounts of money can supplant seamanship skills, and even more, common sense! And why should they bother learning any of these skills or acting any other way. Hell, they're too damn busy making money to worry about trivial things like that. They just want to go to their million-dollar boats, twist the key in the hole and push the knob forward. That's all they need to know. And, you know what? There's no laws to make this happen any other way.

At maximum, Bevins gets 30 months and/or pays $3,000 and could lose his license to operate a boat. Oh! I'm sorry! Massachusetts doesn't have a boating license program so he may lose his driver's license, but he still can operate a boat! Mr. Walsh's family on the other hand loses its patriarch! I don't think it balances very well. 

You know what. It's up to us, the experienced and qualified yachtsmen, power and sail, and commercial seamen to not let this one go! We need to keep this on a hot burner and force our lawmakers to make some laws here. Yea, Bevins is responsible for killing Walsh. But if we don't act, who will really be responsible for the next one???

To play the devil's advocate: If one analyzes the rules of the road, at the last second, when collision is imminent, the rules change and it falls on the stand-on vessel to avoid collision. So, given enough money, Mr. Bevins' lawyers could show in court that Mr. Walsh was at least equally responsible for his own demise!

It's time, fellow boaters! It's time!


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## sailingdog (Mar 19, 2006)

Pirate-

Given the speed that Bevins' boat was moving at, it is likely that there was little they could do to avoid the collision.


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## noreault (May 14, 2008)

From Rule 17

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision. 

The stand on vessel is required to take best possible action to avoid collision. It is not the stand on vessels fault unless it fails to take such actions as possible to avoid collision. This rule is necessary to make it clear that the primary responsibility of all boaters is to avoid collision.

The rule further states that this does not remove the responsibility of the give way vessel. The responsibility does not change, it is all our duty to avoid collisions at all times.


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## pirateofcapeann (Aug 27, 2002)

Sailingdog: Do we know what speed Bevin's boat was traveling? I've heard tell it was moving right along.

Noreault: Thank you for quoting the regulation! The sentence: "It is not the stand on vessels fault unless it fails to take such actions as possible to avoid collision". Sort of says it all. A good attorney may be able to show that Mr. Walsh did, or could do nothing to void collision. Mr. Bevins walks.

Look, yea, I'm a Gloucester boy too. I know Mr. Bevins personally. He even does the yearly vehicle inspections on my wife's car. Until now, I've had no beef with him; he's really a nice guy. But even though I didn't know Mr. Walsh, I can tell you that he didn't need to die in this fashion. The person responsible for his death needs to pay for what was done. Even if I was responsible for this man's death, I wouldn't feel any different.
<O</O
I am now a member of the Coast Guard Auxiliary. I can tell you that the infrastructure to educate the public in basic seamanship skills exists. We have the abilities to make it possible for accidents like this and many other hazardous situations to be greatly avoided.
<O</O
Again, it's up to us.<O</O


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## Boasun (Feb 10, 2007)

Deadly mistakes happens in the Commerical community also. There have been numberous loses here in the Gulf do to human error. The latest was the oil barge that was sliced into by a large tanker on the Mississippi in New Orleans. 
Sometimes we become so sure that we have control and in reality WE DON'T. And that is the gist of life.


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## sailaway21 (Sep 4, 2006)

I've found it wise to neither root for or against convictions in cases I know nothing or little about. As it appears there will be a trial of some sort it's best to await it's results and presumably all of the relevant facts.


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## Don L (Aug 8, 2008)

I was sailing in Bluzzard Bay the day this "accident" happened and will put in that the day was very clear and the wind moderate. I am starting to believe that every power boat owner should be required to go out on a sailboat to understand what their actions mean to us. Between the wakes and the "games of chicken" it gets a little old. I noticed yesterday that not 1 single powerboat changed course to past behind me, all raced to cross in front of me (later I was motoring and changed course to past way behind a little rowboat). We can talk about the rules of the road all we want, but it always comes down to the Bigger Boat rule where the boat that can survive the hit "wins". Kind of like semi-trucks on the road. Of course that leaves us flapping in the breeze as we "stand-on" hoping the other guy is paying attention.


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## Jonesee (Nov 17, 2007)

Well stated Sailaway. I agree completely and am torn in this instance. It appears that Mr. Bevins' actions or inaction led to someone losing their life. That is tragic. I searched his name on the net and read every hit on the net for for Mr. Bevins and other than some traffic tickets he appears to have a clean record. If I had seen some DUI's and other nasty little things it would have been easier to build up a good hate for him.

Sending him to jail will penalize him, but it appears to be an accident and punishment is not needed to prevent recidivism. And it certainly cannot be used as an example for other less reponsible boaters to take care. They will still be as idiotic the day after they convict and sentence Mr. Bevins.

My personal belief and I know if it were me, my concience would punish me daily.

I am sure the civil lawsuit will provide some pretty harsh punishment also. If Mr. Bevins does not have a $1.0 million umbrella policy or more I have little doubt he will be facing bankruptcy.

He is not a repeat offender and from everything I have read, there is little risk he would be involved something like this again whether he goes to jail or not.

Very tragic for everyone from every angle you look at it.


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## TrueBlue (Oct 11, 2004)

My immediate reaction upon first hearing the initial report of this event, was to condemn the PB's helmsman as being stereotypical. But, after reading subsequent reports of the owner's character, I began to share sway's views.

However, after inspecting the published photos showing Mr. Bevins running *full bore* inside New Bedford Harbor . . . just days after the collision - I have re-examined my perception of this man's integrity and conscience.


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## kai34 (Jul 16, 2008)

TrueBlue said:


> My immediate reaction upon first hearing the initial report of this event, was to condemn the PB's helmsman as being stereotypical. But, after reading subsequent reports of the owner's character, I began to share sway's views.
> 
> However, after inspecting the published photos showing Mr. Bevins running *full bore* inside New Bedford Harbor . . . just days after the collision - I have re-examined my perception of this man's integrity and conscience.


I preface this by saying that these are my sailing grounds and i sail my laser in that exact spot prob 2-3 times a week and race there once a week. Also that my opinion is that this guy should see some jail time, but would like to believe that him having to live with the fact that he killed a man would be justice enough. This pictures is taken right off Fort Rodman which is well outside the dike/harbor (Fort Rodman, New Bedford, MA - Google Maps) where it is perfectly fine to go "full bore". Now i have not seen these reports. So i do not know what they say about him approaching/exiting the dike/harbor. But i know that that picture shows nothing wrong. 
-kai


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## dennismenace111 (May 23, 2007)

Typical Sea Ray driver....more money than brains....ignorant morons...a few years back I was passing thru Ceasars Creek near Key Largo in a 34' DuFour...barely making it thru the shallow water without bottoming out and a 42' SeaRay came up behind us at half throttle pulling a 6foot wake...needless to say we bottomed out several times as he passed...with out the courtesy of making an effort to slow and reduce his wake...

People that buy boats like that have no sea sense what so ever...all they have is lots of money to spend for a new toy....they dont take the time to learn how to operate their vessel.

Those of you who have ever spent any time in the Intra Coastal waterway between Miami and West Palm Beach know all about what Im saying here.


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## TSOJOURNER (Dec 16, 1999)

Many comments here about the potential jail time but can someone explain the boating laws applicable? Bevins is being charged with homicide by vessel, a misdemeanor under Massachusetts law. Even if they added operating to endanger, it would still be a misdemeanor.

Am I correct that if this incident happened 10nm further west in RI waters, he could face a felony charge of operating a boat to endanger, death resulting? Although a much different case, a Barrington teen is currently awaiting trial for 2nd degree murder after a grand jury found wanton recklessness. 

I agree with above reactions on leaving New Bedford after killing someone. Commonsense law would say headway speed is appropriate.


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## TSOJOURNER (Dec 16, 1999)

Regardless of the legal findings, there is one overarching issue here - COMMON COURTESY. I have a fairly large sailboat in Buzzard’s Bay. I cannot tell you how many times a powerboat throwing a large wake has placed me in danger. Try Woods Hole on a Saturday afternoon with a strong current.


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## Ippa2 (Mar 26, 2008)

Here is the latest I've seen on this subject. Mr. Bevins' claim of adjusting his GPS when the accident occured.

NEW BEDFORD — The owner of the powerboat involved in a July 18 accident that killed a Dartmouth man was resetting his GPS system in the moments before the crash, he claimed in a written note to the Coast Guard boarding team just before invoking his Fifth Amendment rights.

Fred M. Bevins III of Gloucester was issued a summons by the New Bedford District Court clerk magistrate Friday on a criminal complaint of homicide by vessel officially filed by the state Environmental Police, who led the investigation. He was ordered to appear to answer the charge on Sept. 19.

Sgt. Richard Sylvia, the investigator whose report was the basis of the complaint, wrote that by the time Mr. Bevins' 63-foot boat arrived on its own power at the Fairhaven Shipyard, Mr. Bevins had already gone silent.

"I met with the operator of the MV Reasons, Bevins, who stated that he had already given a statement to the Coast Guard and had been in touch with his attorney via cell phone and was advised to invoke his Fifth Amendment rights" against self-incrimination, he wrote in his report.

With that, Sgt. Sylvia said, he ordered both the Reasons and the Priority, the sailboat owned by David J. Walsh, 64, of Dartmouth, hauled out of the water "for investigation and analysis."

On the recording of Mr. Bevins' mayday call, he said: "We just had a collision with a sailboat. We ran over that sailboat. There's one missing. The guy who was at the helm is missing. Hold on a sec. The guy I swear he came out of nowhere."

Mr. Bevins' written statement said, "I was setting waypoint on GPS, looked up to see sailboat in front of me. No time to avoid crash."

After studying the available data and interviewing eyewitnesses, investigators concluded that Mr. Walsh's boat, which measured 35 feet, had the right of way under international navigation rules since it was fully under sail.

"In addition, video from the Coast Guard helicopter shows both sails in the up position, flapping," said the report.

Examining the damage to the boats, police painted a picture of a horrific crash that threw Mr. Walsh into the water with fatal injuries.

"Point of impact and angle of impact along with the severe damage to the sailboat's helm area, hull structure and transfer evidence from the motorboat along with the damage and transfer evidence on the bottom of the hull, shafts and propellers of the motorboat are consistent with the motorboat striking the sailboat and running over the helm/stern of the sailboat," said the report.

An autopsy by the medical examiner classified the cause of Mr. Walsh's death as "blunt force trauma to the head, torso and extremities."

"Preliminary findings in this case indicate that there was an insufficient lookout being maintained on the M/V Reasons (as required by state and federal law) and that the S/V Priority had the right of way in terms of the rules of nautical passage," the report concluded.

If Mr. Bevins is convicted as charged, he will be subject to a prison term of no less than 30 days and no more than 30 months, a fine of up to $3,000 and mandatory loss of his driver's license for 10 years.


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## sailingdog (Mar 19, 2006)

> On the recording of Mr. Bevins' mayday call, he said: "We just had a collision with a sailboat. We ran over that sailboat. There's one missing. The guy who was at the helm is missing. Hold on a sec. The guy I swear he came out of nowhere."


Exactly how does a 35' sailboat, that can move maybe 7 knots... just come out of nowhere???? It's got this big stick, maybe 45' tall with big white flapping things on it... not exactly something that can be easily hidden by a passing boat.



> Mr. Bevins' written statement said, "I was setting waypoint on GPS, looked up to see sailboat in front of me. No time to avoid crash."
> 
> After studying the available data and interviewing eyewitnesses, investigators concluded that Mr. Walsh's boat, which measured 35 feet, had the right of way under international navigation rules since it was fully under sail.


If Bevins said that there was no time to avoid a collision in the far more maneuverable power boat, what chance do you think the sailboat had to avoid the collision... Little or none would be my guess.

I'm also a bit curious as to why Mr. Bevins didn't slow down to set his waypoint???



> "In addition, video from the Coast Guard helicopter shows both sails in the up position, flapping," said the report.
> 
> Examining the damage to the boats, police painted a picture of a horrific crash that threw Mr. Walsh into the water with fatal injuries.
> 
> "Point of impact and angle of impact along with the severe damage to the sailboat's helm area, hull structure and transfer evidence from the motorboat along with the damage and transfer evidence on the bottom of the hull, shafts and propellers of the motorboat are consistent with the motorboat striking the sailboat and running over the helm/stern of the sailboat," said the report.


How fast do you think m/v Reasons had to be going to run up and over the transom, cockpit and cabintop of a 35' sailboat??? He wasn't operating at what I would consider a reasonable speed for a crowded harbor.



> An autopsy by the medical examiner classified the cause of Mr. Walsh's death as "blunt force trauma to the head, torso and extremities."
> 
> "Preliminary findings in this case indicate that there was an insufficient lookout being maintained on the M/V Reasons (as required by state and federal law) and that the S/V Priority had the right of way in terms of the rules of nautical passage," the report concluded.


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## SEMIJim (Jun 9, 2007)

sailingdog said:


> Exactly how does a 35' sailboat, that can move maybe 7 knots... just come out of nowhere???? It's got this big stick, maybe 45' tall with big white flapping things on it... not exactly something that can be easily hidden by a passing boat.


Which I imagine would be the first thought by anybody that had ever even _seen_ a 35' sailboat under sail, much less been on or sailed one.

Rather an inane statement, ISTM.

Jim


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## pirateofcapeann (Aug 27, 2002)

Anybody have a rough idea as to the lat/lon of the collision? I'm told it was somewhere between Padanaram and Cutty Hunk? 

Also, in TrueBlue's photo of Reasons, showing her at speed, OUTSIDE of the storm barrier at New Bedford, supposedly after the collision: The report says that "transfer evidence on the bottom of the hull, shafts and propellers of the motorboat" somehow would indicate that this vessel would be unlikely to proceed at full throttle at least until the insurance company inspected the vessel.

Also, why, in that photo, again, reported to have been taken AFTER the collision, is Reasons proceeding on a southerly course instead of one that would take her towards the canal and on to home port? I doubt I'd have the ability to continue on a restful vacation knowing that I had just killed a man and was going to spend that time on the implement that I used to do the deed!
<O</O
This leads me to suspect the validity of the photo's captioning.<O</O


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## kai34 (Jul 16, 2008)

pirateofcapeann said:


> Anybody have a rough idea as to the lat/lon of the collision? I'm told it was somewhere between Padanaram and Cutty Hunk?
> 
> Also, in TrueBlue's photo of Reasons, showing her at speed, OUTSIDE of the storm barrier at New Bedford, supposedly after the collision: The report says that "transfer evidence on the bottom of the hull, shafts and propellers of the motorboat" somehow would indicate that this vessel would be unlikely to proceed at full throttle at least until the insurance company inspected the vessel.
> 
> ...


Well im not sure about the speed and the insurance that you are talking about, but he had to go south for a little bit before going east to get around the tip of sconticut neck and west island where there are rocks. so if you are not very familiar with the area most boaters will stay well clear of these areas.
-kai


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## sailingdog (Mar 19, 2006)

To give you an idea of what the area near New Bedford looks like... Bevins boat was being held at Fairhaven Shipyard, which is north of WP0007. To get to the Cape Cod Canal, you'd have to go south to round the nasty shoals, like Mosher's Ledge, southeast of the New Bedford Harbor approach.


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## pirateofcapeann (Aug 27, 2002)

Yea, I've only been in there once two years ago and from the angle of the shot, and my fading memory, it looked as though he was heading southwesterly, around Clarks Point but now, looking at your chart, I can see that he is heading down the reach and in the channel. I also didn't know that Reasons was at Fairhaven Shipyard and as such, likely got inspected there. When I was there, I anchored for a day or two in the cove to the north of Fairhaven Shipyard.

I want to point out that I don't have any personal vendetta against Mr. Bevins, what-so-ever! I do, on the other hand towards the actions, or lack of actions, which killed Mr. Walsh and so many others like him over the years. I believe that most accidents like this are completely avoidable through education and that there is enough evidence (read: gravestones) to show a need to legally demand that boaters of all ages procure that education prior to being allowed to operate any vessel.

Thoughts?


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## sailingdog (Mar 19, 2006)

Unfortunately, a lot of these accidents aren't preventable IMHO. *They are caused by arrogance and stupidity, and there is little that can be done about those two particular human failings, other than executing the idiots after the fact.* Even if Mr. Bevins knew the COLREGS, it doesn't follow that he'd obey them. Common sense would prevent 95% of these accidents, and it is sadly lacking...and there is no way to provide it to those who truly lack it.

According to the article, Mr. Bevins states he was entering a waypoint into his GPS.... well, on my GPS, it takes all of three button pushes and about a second. It would stand to reason that if you're piloting a large and expensive boat in relatively busy and crowded waters that are also heavily laden with rocks and such, that you should probably at least slow down if you have to pay attention to something other than your navigation and the traffic around you.

However, it doesn't sound like the idea of slowing down to a reasonable and safe speed even occurred to Mr. Bevins. How else do you explain his statement that a 35' sailboat, with an air draft of 45' or so, with big white sails up "came out of nowhere". *

Sailboats, especially with full sail up on a sunny day, are usually pretty easy to see.

*From an article on August 15:



> Miliote was asked if The Reasons had been under Bevin's direct control when it crashed or whether, as reports suggested, it had been operating under GPS control during the accident. Miliote replied that he could not discuss the details of the investigation's findings until the case comes before the court.
> 
> Investigators, however, had informed The Standard Times of New Bedford that the crash at least was not alcohol-related.
> 
> ...





> I want to point out that I don't have any personal vendetta against Mr. Bevins, what-so-ever! I do, on the other hand towards the actions, or lack of actions, which killed Mr. Walsh and so many others like him over the years. *I believe that most accidents like this are completely avoidable through education and that there is enough evidence (read: gravestones) to show a need to legally demand that boaters of all ages procure that education prior to being allowed to operate any vessel.*


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## ilnadi (Mar 21, 2004)

I thought he was talking about the other crew, who was thrown into the cabin and reported coming out and waving at the powerboat. Then again, you may be right.


sailingdog said:


> Exactly how does a 35' sailboat, that can move maybe 7 knots... just come out of nowhere????
> 
> 
> > On the recording of Mr. Bevins' mayday call, he said: "We just had a collision with a sailboat. We ran over that sailboat. There's one missing. The guy who was at the helm is missing. Hold on a sec. The guy I swear he came out of nowhere."


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## TedKurtz (Jun 27, 2005)

*D J Walsh accident*

There is lot about this terrible accident that we know nothing about; however, using only the information available there is a lot we can determine as a matter of fact. The mayday call was made available by the New Standard Times, and the position of the accident was there reported by Reasons to be at Lat 41 deg 30.3 min, Lon 70 deg 55.15 min. If you plot that position on the chart for Buzzards Bay you will find that the collision occurred very close to a line drawn from Bell G7 to Gong G5. Reasons was on its way to Block Island, so it was headed west along that line. Priority was returning to Padanaram, so its course would have been close to true north. The wind data for the Buzzards Bay tower at 1:30 PM shows that the wind was from the southwest at 5.7 m/s (approximately 11 knots). Thus Priority was on a port tack, on a broad reach, with a speed of approximately 5 knots. Reasons was approaching Priority from the right of Priority's bow with a bearing of approximately 45 degrees off Priority's starboard bow.

I think that this is about all we know.


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## sailingdog (Mar 19, 2006)

If Priority was on a port tack broad reach...how did Reasons/Bevins not see the sails??? At 1330, the sun was shining and the sails should have been pretty damn obvious.


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## btrayfors (Aug 25, 2006)

Here's a plot of the reported collision site: Gallery :: Miscellaneous 2007 :: Collision

Collision apparently occurred just west of green buoy "7".


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## badsanta (Oct 16, 2006)

I thought this happened at night.


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## btrayfors (Aug 25, 2006)

What made you think so?

No, it happened in broad daylight.


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## badsanta (Oct 16, 2006)

My bad, confused it with another accident. I was thinking of the recent one where the cop ran over a sail boat where he confused the stern light with shore lights and the cops charged the driver of the sail boat with the death. Both terrible accidents, No, not an accident but the careless inaction by people that have NO business in a boat. An accident is where you hit a submurged log or the wind shifts. Not when you are programing your chart plotter with out slowing down or at the least have a look out.


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## btrayfors (Aug 25, 2006)

badsanta said:


> ...I was thinking of the recent one where the cop ran over a sail boat where he confused the stern light with shore lights and the cops charged the driver of the sail boat with the death. ...


Wow...hadn't heard of that one, but nothing surprises me these days.

Bill


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## JagsBch (Jan 19, 2007)

That is like saying Iwas not at the wheel of the car, I was too busy in the back seat looking at the map while the cruise control was on.


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## Boasun (Feb 10, 2007)

btrayfors said:


> Here's a plot of the reported collision site: Gallery :: Miscellaneous 2007 :: Collision
> 
> Collision apparently occurred just west of green buoy "7".


The man said that sail boat came out of no where. It must have been hiding behind that small buoy.


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## runner (Aug 25, 2008)

I just read this thread from end to end and the posted links to the story also. After reading the responses, I wonder how anyone could be shocked or surprized by this accident. I live in Missouri and on LOZ, these big powerboats think swamping smaller boats by a near miss is a game. If you have a small trailer boat, the residents will tell ya to stay on shore during the weekends. 
I still wonder if that isn't what happened here. A big powerboat with a proven recklass and arrogant driver on a close pass of another boat making a mistake that killed a man. 
In the end, it doesn't matter unless you can change all of reality. A cop runs someone down and it is the victims fault. Money gets a good attorney and is slapped on the wrist because it costs the state too much to pursue the original charges. 
On a brighter note, they require boating liscences here now for anyone born after 1984 I think. They make sure they know the rules of the road. Not sure how much that will help. Heard a report of a jet ski going 92 miles an hour this weekend. As long as boating is about extreme speed, stuff is going to get broke, including boaters. 
Nothing changes the results for the victims tho! The only people to profit from this will be lawyers. Pretty soon everyone else involved will be victims too, and it doesn't help the situation or society in the slightest bit. A young life was lost to a jet ski accident here recently. I am waiting for a boating helmet law or some other stupid regulation to try and stop random accidents from hurting folks over that one soon around here. 
It won't work, and when water starts to catch the helmets and snap necks because they are wearing helmets, they will decide that the speeds are too high and start having traffic cops write tickets on the water after hiding with radar guns to catch violators. Doesn't work with cars either. Right now Ill-nois is discussing cameras on all highways spaced so they can mail anyone a ticket that goes too fast anywhere in the state. This is a terrible situation for everyone involved, but the law will do nothing but make it worse and then make money off the new laws they pass. 
This is a case where a man's insides do the punishing when his head hits the pillow at night. The only legal involvement needed are the people needed to handle a quick and fair settlement. 30 months in prison, a trial, a community losing what appears to be a successfull business, employees out of work, and another man's life completely destroyed serves absolutely no good purpose that I can see beyond revenge. I suspect he is going to be selling his toys in the next few months as it is! 
Have a good day all and go slow when you speak in anger. Often your brain is not fully in gear when you do! I think the book says something about revenge in it too!


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## robertgwhiteside (Sep 5, 2008)

*Horrible Tragedy*

My wife, son, and I were sailing from Nantucket to Martha's Vineyard when we heard the Mayday. We we traumatized as we followed the events on channels 16 and 22. What a terrible waste - it is a horrible tragedy for everyone involved.

It reminds us all to be extremely defensive on the water and that tragedies like this can really occur.

Our hearts go out to everyone affected.


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## sailingdog (Mar 19, 2006)

Bill-

believe he's talking about the *Clear Lake, California* case,



btrayfors said:


> Wow...hadn't heard of that one, but nothing surprises me these days.
> 
> Bill


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## Hawkeye25 (Jun 2, 2005)

In recent years, a flood of money into the top 1% of the nations population has resulted in an expolsion of activity within that strata that is punctuated by a single fundamental.

"We can do ANYTHING we want and there's nothing anyone can do about it."

Some of these people have bought themselves big, fast powerboats to go with their new waterfront mansions and fine docks. Years of working in yacht service has introduced me to many such people, and in truth, most of them are very responsible, intelligent, and cautious.

Others, are ignorant, arrogant and extremely dangerous. I cannot tell you how many times I have wanted to slap the grin off one of their faces after hearing them laughingly relate another 'close call' that was entirely their fault. He's on the city council, daddy-in-law is a higher-up in Halliburton, and nobody is going to get any traction trying to prosecute him for anything short of first degree murder. He's got a free pass.

There is only one thing to do about this. Don't waste your time letting it eat you up. Watch these vessels - all of them - as if they are being operated by fools and drunks, and navigate accordingly.

In the present political climate, they are right - they can do anything they want and there is nothing anyone can do about it. The local Coast Guard and police boats chase kids on jet ski's around to check their life jackets, but completely ignore huge powerboats roaring through 'no wake' zones. The understanding here is that they have been told to leave them alone.


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## jimmalkin (Jun 1, 2004)

I dunno about the USCG being told to leave 'em alone. Saturday of Labor Day weekend we were heading up the Husatonic River along the no wake buoys when a powerboat waked us at speed. Just after we finished rolling, I heard another coming up at speed - looked back and saw it was the USCG in hot persuit. They caught the pb at Stratford and were boarding and writing up as I slowly motored past waving my thanks...


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## David444 (Nov 7, 2009)

At last Fred Bevins has had his day in court. He plead guilty, received a suspended sentence, probation and restrictions on his auto driving and future boating. Here is the story from the New Bedford Standard Times:

Boater gets suspended sentence in fatal crash
November 06, 2009 12:00 AM
NEW BEDFORD — The skipper of the power boat involved in a fatal 2008 collision in Buzzards Bay pleaded guilty Thursday to negligent operation of a vessel, death involved, and was given a one-year suspended sentence and 10 years probation.
Bristol County District Attorney C. Samuel Sutter was in the small downstairs courtroom at New Bedford District Court as Fred M. Bevins, 61, of Gloucester stood before Judge Thomas Kirkman and grimly accepted responsibility in the incident.
The crash claimed the life of David "D.J." Walsh, 64, of Dartmouth, who was at the helm of his 35-foot sloop Priority off Dartmouth when it was rammed from a rear angle by the 63-foot sport cruiser Reasons, piloted by Bevins. Walsh was killed instantly and his passenger, Warren G. Hathaway, now 67, of Dartmouth, was injured below decks.
In addition to the suspended sentence and probation, Bevins also will lose his driver's license for 90 days and his captain's license for five years. For three years he was ordered not to operate or board any kind of boat.
Before accepting the plea agreement, Kirkman heard witness statements from Hathaway and Walsh's widow, Melody, via her attorney, Charles Murray.
He also heard Bevins' attorney, George Hassett, praise Bevins as a hard-working family man with children and grandchildren.
Hathaway and Murray said they approved of the punishment as significant, especially the imposition of a three-year ban on boating against someone who is completely devoted to it, as they said Bevins is.
The sentence "sends a message to boaters" that negligent operation will bring serious consequences, Murray said.
Hathaway said the sentence reminds boaters "what they must do to protect themselves and others."

southcoasttoday.com


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## sailingdog (Mar 19, 2006)

Personally, I think he should have been given some jail time as well...after all, he did kill someone...


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## beej67 (Apr 2, 2008)

Wow.

It's okay to kill someone if you do it with a powerboat?




Who knew?


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## lapworth (Dec 19, 2008)

She can now take him to civil court and sue the his arss off.


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## patrickstickler (Dec 2, 2008)

sailaway21 said:


> ...
> 
> It's been said before, and bears repeating, that we sailors can grow complacent based upon the fact that we are under sail and most of the vessels out on the water are required to give way to us. The very opposite should be true. We are the sitting ducks and we are the ones least able to avoid, or run away from, trouble. ...


When I used to ride bikes, I always rode with the mindset that I was invisible and that every car on the road was going to run over me if I didn't steer clear (not far from the truth, unfortunately).

Same when sailing...


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## tommays (Sep 9, 2008)

Having been hit AND run by two cars its no supprise to me at all 

The first time i got a GOOD plate number but the plate was moved to a different car and they could not prove it was switched  even if it was not the car it belonged to 

The second time i got back up and chased and called the police and he got a leaving the scene slap on the wrist 


IMHP anybody who would hit you and leave you laying on the road (first time)in 10 degree weather is just a sub-human turd BUT the police dont see it as a big deal unless your hurt REAL BAD


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## WanderingStar (Nov 12, 2008)

The Coast Guard doesn't leave anybody alone. But they have many responsibilities, and can't board everyone.
I'm also somewhat surprised about the sentence. But there was an incident here on LI in which a man shot and killed a younger man who came into his yard unarmed, but making threats. The shooter was convicted but given a light sentence. I think short sentences are common in reckless or negligent deaths. We also recently had a fatal powerboat accident on the south shore. A boat operating at high speed in a narrow channel went ashore. The operator was intoxicated, at least one passenger was killed. The operator's lawyer blames local and federal authorities because the seasonal removal of channel markers was not updated in notice to mariners. I'm saying slow down and drive sober.


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## sailingdog (Mar 19, 2006)

Light sentences in cases of negligent or reckless behavior that result in fatalities is STUPID IMHO. The courts need to man up and require some PERSONAL ACCOUNTABILITY for one's own actions. *Someone dying is a big thing, regardless of whether it was intentional or the result of reckless or negligent action.*


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## mstern (May 26, 2002)

sailingdog said:


> Light sentences in cases of negligent or reckless behavior that result in fatalities is STUPID IMHO. The courts need to man up and require some PERSONAL ACCOUNTABILITY for one's own actions. *Someone dying is a big thing, regardless of whether it was intentional or the result of reckless or negligent action.*


At the risk of being blasted:

when I was a prosecutor, I learned that jail sentences are dictated by a lot of things, not just a sense of right and wrong. I agree with all of you who said that their sense of justice and fairness was offended by the light sentence this guy got. Someone dying is always a "big thing"; there is nothing bigger. I know that many judges, including maybe the one in this case, agree. However, they don't have the unfettered ability to sentence people to long jail sentences, even if the statute allows for it.

Jails are overcrowded; in many states there isn't enough room to sentence violent criminals to the long jail sentences we all feel they deserve. Once the jails get too crowded, officials are often required by law to start paroling prisoners. No one wants that, so courts deliberately look for just about any way they can to avoid sending non-violent, first offenders to jail. In this defendant's case, I recall that he is an older man with maybe one driving violation in his past.

It may not be right, it may not be fair, but it really comes down to judges deciding "do I want to send this type of guy or that type of guy to jail?" In making these types of decisions, judges look at who is a greater risk to society. In this case, as distasteful as it is, I have to think that this man is more likely to abide by the terms of his probation and be less of a threat to others than a crack dealer or an armed robber.

Flame away.


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## JohnRPollard (Mar 26, 2007)

Are the minimum security (aka "country club") facilities overcrowded too? If not, he could go sit there for a few years minimum and think about the life he took.


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## tommays (Sep 9, 2008)

If this guy has a shred of humanity he will be haunted till the day he dies


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## sailorgirl60 (Sep 15, 2008)

This is a very general overview of a death in Barrington, RI. Some *teenagers* were *drinking alcohol* and operating a powerboat. They were tubing. A 17 year old was being towed and was *killed*. The operator, another 17 year old was charged with something _less_ than manslaughter because he verbally took responsiblity. 

This, like the Buzzards Bay fatality is WRONG on so many levels. I just don't get it.


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## NaviGsr (Sep 17, 2009)

sailorgirl60 said:


> This is a very general overview of a death in Barrington, RI. Some *teenagers* were *drinking alcohol* and operating a powerboat. They were tubing. A 17 year old was being towed and was *killed*. The operator, another 17 year old was charged with something _less_ than manslaughter because he verbally took responsiblity.
> 
> This, like the Buzzards Bay fatality is WRONG on so many levels. I just don't get it.


You know what? I can accept the kind of punishment the kid got because he is a minor and killed his own friend and it WILL haunt him for the rest of his life. I can't accept the punishment the middle-aged, succesful, adult tasked with a great deal more responsibility with the operation of a large powerboat got for killing a stranger AS A DIRECT RESULT OF HIS NEGLIGENCE.

If this were any sort of day to day land situation these sort of accidents would be prosecuted with a manslaughter verdict in mind. Cars are considered lethal weapons. I wish that went for power boats as well.

I first hear this story this past summer when I met friends of this guy at the Oar on Block Island. Horrible to hear it coming from them. It came up because we had a couple very near misses ourselves during the cruise out there. In one of the instances, there was a 12 year old kid steering a grand banks at full blast with no adult on the bridge.


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## Dockhead (Nov 10, 2009)

JagsBch said:


> I imagine a boat on auto pilot is going from point A to point B. Being a 50' boat I imagine it is fair to say that he could easily be spotted and heard far enough in advance to be able to be reacted too. Complacency is not something a sailor has the luxury of indulging.
> 
> Even if the rules of the road were written in stone what good would they be, i mean how many people you know could list the Ten Commandments? Now we are to just casually assume they know the rules of the road? With all this technology out racing wisdom, and with so many people out there who have more money than sense it is better to be on the safe side, than assume that the Jackass coming at you knows what the hell he is doing...
> 
> ...


Amen. It's no good to be right, according to the COLREGS, if you end up dead right. A damned sharp watch, and early evasive action, no matter who has the right of way, is the best policy.

You guys all know the old trick about determining a collision course, right? It works best with a hand-bearing compass but you can do it with your bare eyeballs, too -- check the relative bearing to you of the other boat a few times at regular intervals. If the bearing is changing, then you are not on a collision course. If the relative bearing stays constant, watch out!

Using this trick, you can see an impending collision from quite far away, from practically out to the horizon, when evasive action is still easy (in clear weather, you can see a power boat coming from at least 5 or 6 miles off, depending on his height and your eye height when sitting in the cockpit -- that would give you at least 15 -- 20 minutes, even at a closing speed of 20 knots). I never assume that a big power boat bearing down on me is going to recognize my right of way or even see me, and give way. In such a situation -- calm conditions, slow sailing, power boat bearing down on me -- I crank the engine and prepare for evasive action. I don't even bother with the VHF -- if the guy is listening to his VHF as a rule he's keeping watch anyway.

You only need to move 20 -- 30 feet in the proper direction to get out of the path of even a quite big power boat. If you've got engine power, it's feasible to do in just a few seconds, if necessary. 5 knots is about 2.5 meters per second. Just 5 seconds at only 5 knots will move you 15 meters or 50 feet, which is enough to avoid even a giant gin palace.

That's not to take away from the tragedy -- it wastn' DJ's fault, and I hope the Jackass is rotting in jail. But we should try to learn something from D.J.'s tragedy -- never just sit there and get run down. Keep a sharp watch, and the key in the ignition.


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## mstern (May 26, 2002)

JohnRPollard said:


> Are the minimum security (aka "country club") facilities overcrowded too? If not, he could go sit there for a few years minimum and think about the life he took.


As a general rule, yes. With the growth of non-violent crimes such as identity theft and other internet-fueled crimes, minimum security prisons are also overcrowded. And btw, the idea that any of these prisons are "country clubs" is a myth. They may not keep the prisoners in cages, but they are jails. And they at least try to keep the non-violent prisoners together for very good reasons: its cheaper for the state (fewer guards needed, less expensive buildings) and safer (for both the guards and the inmates).

In the end, the ability of the state to send people to jail comes down to space. It's like school programs. Everyone is in favor of smaller class sizes and more choices, but few are willing to endure a tax hike to pay for it. Same with prisons: many clamor for "get tough on crime" programs, but refuse to raise taxes to pay for the courtrooms, prosecutors, judges and prisons necessary to send all those bad guys away.


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## AndrewMac (Sep 11, 2009)

This may be an unpopular idea, but this situation does seem to raise the question of whether liscencing requirements aren't appropriate for the operation of smaller vessels. Personally, I hate the idea of being policed out on the water and hope that it doesn't happen, but as life gets increasingly crowded, especially along certain portions of the coast, I wonder that there isn't more of groundswell in favor of liscencing requirements.


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## Boasun (Feb 10, 2007)

AndrewMac said:


> This may be an unpopular idea, but this situation does seem to raise the question of whether liscencing requirements aren't appropriate for the operation of smaller vessels. Personally, I hate the idea of being policed out on the water and hope that it doesn't happen, but as life gets increasingly crowded, especially along certain portions of the coast, I wonder that there isn't more of groundswell in favor of liscencing requirements.


We have licensing requirements for driving on our nation's road and we still meet a lot of idiots on those roads that have licenses...

As Will Rogers once said: You send a Fool to college and you will end up with an educated Fool.


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## sailingdog (Mar 19, 2006)

While the sailboat did have some responsibility for avoiding the collision if possible, the sailboat is far less capable of dodging than a power boat is. This 65' powerboat could easily have been going 45 knots, as we are not talking about a slow, full-displacement trawler type boat in this case.


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## Stumpie (Oct 6, 2008)

JagsBch said:


> Even if the rules of the road were written in stone what good would they be, i mean how many people you know could list the Ten Commandments? Now we are to just casually assume they know the rules of the road?


 Huh? What does knowing or not knowing some archaic list of no-no's from some arbitrary system of superstition have to do with sailing or knowing the rules of the road? I know dozens of sailors, and not one is a xtian, but they sure all know their right-of-way laws.


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## Architeuthis (Mar 3, 2008)

If we were really concerned about preventing such incidents we would make it very expensive. Fines work much better than jail time. Nothing like losing a million dollar boat to get peoples attention. 

That must be combined with the belief that they will actually get caught. Not for or when they kill somebody but whenever they engage in an activity that could get someone killed. 

The million dollar fine is good for those who do kill someone and it will get people talking but most people do not believe they are going to kill someone when they set the autopilot and pick up a beer. 

If they believed they could get caught and face a decent fine, even a couple of grand would do it...oh btw the numbers have to be crazy high because these are not average people, they are high income, well over $100G per year. 

But whatever the fine, first these boaters would need to be caught and that means more enforcement. 

Personally I'm not that keen on more enforcement. I'd rather see licensing and larger/faster the boat tougher the test to pilot one.


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## Dockhead (Nov 10, 2009)

sailingdog said:


> While the sailboat did have some responsibility for avoiding the collision if possible, the sailboat is far less capable of dodging than a power boat is. This 65' powerboat could easily have been going 45 knots, as we are not talking about a slow, full-displacement trawler type boat in this case.


You missed the point. The sailboat had NO responsibility, even, to avoid the collision. He was completely right, legally. The problem is that being right is no comfort to the guy's widow. The point is that we should really not relax and rely on being right.

It's dangerous to relax and rely on being right, because: (a) some people don't know the rules; (b) some people know the rules but don't keep watch; (c) some people know the rules but don't care; (d) all or some combination of the above; or even (e) some innocent reason, such as the skipper passed out, had a heart attack, or has a fire or emergency below, and is simply not able to be at the helm.

Therefore, we should keep a really sharp watch and be always ready to maneuver to avoid a collision, whether we have the right of way or not. "Keeping a really sharp watch" means not only scanning the horizon all the time (combat pilots say: "head on a swivel"), but also being able to recognize a collision course from far away.

That was all I was trying to say. The poor guy who was killed obviously didn't see the power boat which killed him, or didn't recognize the collision course, until a second or two before the impact, when it was too late. In clear weather that was certainly avoidable -- let it not happen to one of us!

As to 45 knots -- I am not aware of any power boat of that size with a cruising speed of more than 25 knots, and usually it's 15 knots or less. Some of them are capable of 25 -- 35 knots planing and in relatively short bursts and with huge expenditure of fuel (a Sunseeker Predator 64, for example, one of the fastest boats of that size, with 2,200 (!) horsepower, has a maximum speed of 35 knots). It is not really plausible to imagine someone putting a big power yacht on a plane at a wild speed and then going below. And anyway it doesn't detract from the point -- at whatever speed, you've got a long time to avoid a collision, if you are keeping a good watch and recognize a potential collision course.


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## bubb2 (Nov 9, 2002)

Dockhead said:


> Therefore, we should keep a really sharp watch and be always ready to maneuver to avoid a collision, whether we have the right of way or not. "Keeping a really sharp watch" means not only scanning the horizon all the time (combat pilots say: "head on a swivel"), but also being able to recognize a collision course from far away.
> 
> disn't see the power boat which killed him, or didn't recognize the collision course, until a second or two before the impact, when it was too late. In clear weather that was certainly avoidable -- let it not happen to one of us!
> 
> It is not really plausible to imagine someone putting a big power yacht on a plane at a wild speed and then going below. And anyway it doesn't detract from the point -- at whatever speed, you've got a long time to avoid a collision, if you are keeping a good watch and recognize a potential collision course.


Dockhead, You are aware that the sailboat was rundown from behind?

I am here to tell you that a power boat can get with in 50 ft of you before you hear or see it. There is very little you can do about it. Please read!
http://www.sailnet.com/forums/general-discussion-sailing-related/8103-can-happen.html


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## patrickstickler (Dec 2, 2008)

bubb2 said:


> Dockhead, You are aware that the sailboat was rundown from behind?
> 
> I am here to tell you that a power boat can get with in 50 ft of you before you hear or see it. There is very little you can do about it. ...[/URL]


You can keep a proper watch, which includes looking behind you.

In the area where I sail, there is alot of ferry traffic, moving quite fast (30+ knots) and which have right of way, and if you don't regularly check behind you as well as in front of you, they can come up on you very fast.

I am usually glancing behind me every minute or two in those crowded areas.

Granted, that doesn't mean one can always see every hazard in time, but keeping an active 360 degree watch is going to lessen the risks alot.

(it's annoying that one can't always just laze along when in crowded areas because of such hazards, but well, we see in this case what can happen if we do...)


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## bubb2 (Nov 9, 2002)

patrickstickler said:


> You can keep a proper watch, which includes looking behind you.
> 
> I am usually glancing behind me every minute or two in those crowded areas


Patrick, I wish you would read the link I posted. "every minute or two" is not enough to make a difference. The crash I was involved in happen in a span of 20 to 30 seconds. I was aware of the other boat for maybe 5 sec's before the impact.

All of this Monday morning quarterbacking, is just that Monday morning quarterbacking. There are times based on the acts of others you don't have time to do anything. Like being stopped at red light and being rear ended.

But for anyone to say that the sailboat had a chance to avoid the crash without being there is going out on a thin limb.


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## patrickstickler (Dec 2, 2008)

bubb2 said:


> Patrick, I wish you would read the link I posted. "every minute or two" is not enough to make a difference. The crash I was involved in happen in a span of 20 to 30 seconds. I was aware of the other boat for maybe 5 sec's before the impact.
> 
> All of this Monday morning quarterbacking, is just that Monday morning quarterbacking. There are times based on the acts of others you don't have time to do anything. Like being stopped at red light and being rear ended.
> 
> But for anyone to say that the sailboat had a chance to avoid the crash without being there is going out on a thin limb.


As I said, you can't avoid every hazard, and certainly, if the hazard is obscured by some other object and only becomes visible seconds before impact, I agree, you're screwed.

I agree it's not fair to second guess what actually occurred in the recent accident, or other similar ones.

Still, there are alot of sailors who fall into the habit of lazing along, presuming everyone will follow the rules of the road and they only have to concern themselves with what's generally ahead of them, etc. and forget to watch for crazies (or large ferries with right of way) coming up from behind at full speed.

My own habits of keeping an active 360 watch are born from being surprised a few times by both ferries and by large motor yachts running full tilt coming up from behind (even when there's no collision, it's still a ***** to have a huge bayliner nearly swamp you by passing only meters away.... bastards... ;-)


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## wind_magic (Jun 6, 2006)

Dockhead said:


> That was all I was trying to say. The poor guy who was killed obviously didn't see the power boat which killed him, or didn't recognize the collision course, until a second or two before the impact, when it was too late. In clear weather that was certainly avoidable -- let it not happen to one of us!


This isn't true. There are a lot of times when a powerboat can overtake you that you won't know until the last few seconds. Powerboats come up behind you all the time, and then they go around you to get to where they are going, often bouncing you around in the wake - there are a lot of times, especially coming in and out of a channel, that you really have no idea what a powerboat is going to do, they just move too fast compared to sailboats. I can think of a lot of times when I haven't been sure that a powerboat has seen me, and a few times when I know they haven't seen me. The last time I was out on my boat there was a small fishing boat coming from the other direction as I was leaving a small cove and he was headed straight for me, I turned, and he went by me really close, turns out he was stringing bait on to lines and wasn't even watching where he was going! Had he been coming up behind me instead of approaching me I would have just assumed he was following me in until he got very close.


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## mintcakekeith (Nov 5, 2009)

I have been following this thread with interest and would like to add my twopenneth for what its worth.Ist as a sailing boat if something big is about I allways make every effort to keep out of its way regardless off stand on rule as a lot of big stuff does not keep a propper watch but relies on radar alarms etc.2nd may not be true in america but a lot off fast power boats think its fun to try to swamp sailing boats and get far to close just for thehell of it.if this happens how does a sailing boat avoid the situation?
3rd in my opinion in this sort of case the court should confiscate the weapon ( sorry boat!)
Keith


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## wind_magic (Jun 6, 2006)

mintcakekeith said:


> 2nd may not be true in america but a lot off fast power boats think its fun to try to swamp sailing boats and get far to close just for thehell of it.if this happens how does a sailing boat avoid the situation?


These situations are settled in the parking lot where the size of the boat doesn't count for anything. 

Edit - this is related to the first rule of riding Harley Davidson motorcycles, and that is, don't make the mistake of thinking that looking like a bad ass is the same thing as actually being a bad ass.


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## Dockhead (Nov 10, 2009)

bubb2 said:


> Patrick, I wish you would read the link I posted. "every minute or two" is not enough to make a difference. The crash I was involved in happen in a span of 20 to 30 seconds. I was aware of the other boat for maybe 5 sec's before the impact.
> 
> All of this Monday morning quarterbacking, is just that Monday morning quarterbacking. There are times based on the acts of others you don't have time to do anything. Like being stopped at red light and being rear ended.
> 
> But for anyone to say that the sailboat had a chance to avoid the crash without being there is going out on a thin limb.


On the contrary, I think we can say with great confidence that the sailboat could have avoided the crash, as long as the weather was clear with good visibility. In clear conditions, the power boat would have been visible for at least 15 minutes prior to the collision and probably more like 20 or even more. If the power boat was coming from behind, then even more (in that case, add the sailboat's speed to that of the powerboat to get the closing speed).

Even a look around every five minutes would have given the skipper plenty of time to react.

The situation would have been a "time based on the acts of others you don't have time to do anything" only if you are lacking situational awareness, by not keeping a good watch. If you don't want to be at the mercy of the "acts of others", to the extent of even dying as a result of them, then keep your eyes open.

Head on a swivel!


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## Dockhead (Nov 10, 2009)

wind_magic said:


> This isn't true. There are a lot of times when a powerboat can overtake you that you won't know until the last few seconds.


Impossible, in clear weather, unless Sunseeker recently invented either a cloaking device, or a supersonic jet drive.

The horizon is simply too far away for a powerboat to get to you in only "the last few seconds". It takes at least 15 minutes at powerboat speeds.


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## wind_magic (Jun 6, 2006)

Dockhead said:


> Impossible, in clear weather, unless Sunseeker recently invented either a cloaking device, or a supersonic jet drive.
> 
> The horizon is simply too far away for a powerboat to get to you in only "the last few seconds". It takes at least 15 minutes at powerboat speeds.


I'm not even going to argue this point it is so silly.  Everybody who has ever sailed knows that power boats get right up on you sometimes, it happens often, especially when you are coming in or out of port. It is like you are going out of your way to cause an argument or something.


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## bubb2 (Nov 9, 2002)

Dockhead said:


> On the contrary, I think we can say with great confidence that the sailboat could have avoided the crash, as long as the weather was clear with good visibility. In clear conditions, the power boat would have been visible for at least 15 minutes prior to the collision and probably more like 20 or even more. If the power boat was coming from behind, then even more (in that case, add the sailboat's speed to that of the powerboat to get the closing speed).
> 
> Even a look around every five minutes would have given the skipper plenty of time to react.
> 
> ...


Apparently, you know more then the Judge of New York Supreme Court who ruled in my favor by summary judgment, when the power boater that hit me made the same allegations.


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## sailingdog (Mar 19, 2006)

Again, you might want to read the COLREGS.... specifically Rule 8.... which states:



> Rule 8
> 
> Action to Avoid Collision
> 
> ...


Even if the sailboat was the stand-on vessel, which it clearly was in this case, it does have a requirement to avoid collision if at all possible. However, being run down by a powerboat that is going fast enough to run up and over the cockpit of a 35' sailboat, approaching from almost dead astern, makes it very unlikely that the sailboat had much in the way of options to avoid such a collision, especially given the speed and approach.

I'd also point out, as Bubb2 has said above, even if you keep a good lookout-power boats can often be on top of you before you have a chance to react. While this is more the case in a crowded harbor situation, like that which bubb2 unfortunately experienced, it is still possible out on the open water.

BTW, saying that DJ Walsh, who was a life-long sailor and a fixture in the sailing community in Buzzards Bay, as well as the past chairman of the Buzzards Bay Regatta, didn't know the COLREGS is pretty stupid. 


Dockhead said:


> You missed the point. The sailboat had NO responsibility, even, to avoid the collision. He was completely right, legally. The problem is that being right is no comfort to the guy's widow. The point is that we should really not relax and rely on being right.
> 
> It's dangerous to relax and rely on being right, because: (a) some people don't know the rules; (b) some people know the rules but don't keep watch; (c) some people know the rules but don't care; (d) all or some combination of the above; or even (e) some innocent reason, such as the skipper passed out, had a heart attack, or has a fire or emergency below, and is simply not able to be at the helm.
> 
> ...


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## Dockhead (Nov 10, 2009)

bubb2 said:


> Apparently, you know more then the Judge of New York Supreme Court who ruled in my favor by summary judgment, when the power boater that hit me made the same allegations.


Certainly I agree with the judge. If you were under sail like D.J. was, it was the powerboater's responsibility to avoid you. It doesn't matter whether you could have seen him and avoided the accident yourself.

I'm not saying we are _obligated_ to avoid powerboats when sailing. I am merely saying that it is an awfully good idea. And that it is _possible_, at least in clear weather.


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## wind_magic (Jun 6, 2006)

Dockhead said:


> Certainly I agree with the judge. If you were under sail like D.J. was, it was the powerboater's responsibility to avoid you. It doesn't matter whether you could have seen him and avoided the accident yourself.
> 
> I'm not saying we are _obligated_ to avoid powerboats when sailing. I am merely saying that it is an awfully good idea. And that it is _possible_, at least in clear weather.


It isn't always possible to get out of the way even if you know the boat is coming right at you. One obvious reason is that the wind isn't always blowing, you might just be sitting there dead in the water when you get run over.


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## Dockhead (Nov 10, 2009)

wind_magic said:


> I'm not even going to argue this point it is so silly.  Everybody who has ever sailed knows that power boats get right up on you sometimes, it happens often, especially when you are coming in or out of port. It is like you are going out of your way to cause an argument or something.


I do not disagree. Power boat do "get right up on you sometimes". It happens to me, too, and it's frightening.

But they only can get right up on us, if we're not scanning the horizon periodically. A power boat cannot get to us from the horizon in less than 15 minutes or so. You can't argue with that; it's a simple fact.

That's why I'm always trying to be more aware and form a firm habit of always looking around 360 degrees, and not just ahead. It's why I'm recommending it to you guys, too.

I'm speaking to some extent from experience. My boat is now based in Southampton, on the Solent, which is a bloody crowded body of water. It's very different from sailing in Florida where I used to. In these waters the right of way of sailboats under sail doesn't even exist in many cases. There are lots of races, and racers expect you to get out of the way (a Maxi in your cockpit can ruin your whole day!). Large ship traffic, because of restricted navigation, is not even required to give way to you and in fact will run you right down. Even worse, there is a bloody fast ferry to Cowes, the Red Jet, which goes every half hour or so -- a super catamaran which makes something like 38 knots  . In such conditions you won't live long, if you're not looking out behind you as well as ahead.

So I'm just saying -- it's not a bad idea to look all around you all the time. If the big powerboat which killed D.J. was on autopilot at say 18 knots with the skipper getting a [censored] belowdecks from one of his yacht bunnies, say, and if D.J. had only glanced around behind him, he could have seen the boat coming at least 6 miles and 15-20 minutes off, and would have immediately recognized that it was directly bows-on to him. This would have set off alarm bells in his head, and a couple more glances would have confirmed that the bearing of the powerboat was not changing, and that he'd better crank up the engine and be ready to avoid. That glance behind could definitely have saved his life. It's worth thinking about for all of us, is all I'm trying to say.


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## Dockhead (Nov 10, 2009)

wind_magic said:


> It isn't always possible to get out of the way even if you know the boat is coming right at you. One obvious reason is that the wind isn't always blowing, you might just be sitting there dead in the water when you get run over.


True, if you don't have an engine and there's no wind. If you're in a Laser, say, then you're really screwed, I agree. Scull like hell is your only chance.


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## WanderingStar (Nov 12, 2008)

I think the problem is not that you didn't see the powerboat. In many boating areas there is a constant flow of traffic from every direction. Many of them will pass fairly close aboard. You hope and believe that they won't hit you. By the time he is close enough to determine that in fact he won't alter course, your options are curtailed. Now he is a hundred yards away and you only have seconds, maybe not enough time to avoid collision.


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## Dockhead (Nov 10, 2009)

WanderingStar said:


> I think the problem is not that you didn't see the powerboat. In many boating areas there is a constant flow of traffic from every direction. Many of them will pass fairly close aboard. You hope and believe that they won't hit you. By the time he is close enough to determine that in fact he won't alter course, your options are curtailed. Now he is a hundred yards away and you only have seconds, maybe not enough time to avoid collision.


Yes, could be. Certainly, if you are in a crowded harbor, and a powerboat swerves into you at high speed, obviously there is nothing you can do about it. Also, if there are 50 boats around, your brain might not be able to pick out the one which is closing on you on a collision course, no matter how good a watch you're keeping. That's true.

But the case we're discussing happened in the open ocean, and the power boat didn't swerve -- it was on autopilot, which means it was on a constant course. If you see him from far off (because you are keeping a good watch all around you), you can recognize a collision course, while the boat is still quite far off, by the fact that the relative bearing of the approaching boat doesn't change. That's just the moment when "hope and belief" should be tempered by a little caution and prudence.


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## HarveySchwartz (Nov 18, 2004)

*Here's the bottom line*

*Boater gets suspended sentence in fatal crash
*

November 06, 2009 12:00 AM

NEW BEDFORD - The skipper of the power boat involved in a fatal 2008 collision in Buzzards Bay pleaded guilty Thursday to negligent operation of a vessel, death involved, and was given a one-year suspended sentence and 10 years probation.
Bristol County District Attorney C. Samuel Sutter was in the small downstairs courtroom at New Bedford District Court as Fred M. Bevins, 61, of Gloucester stood before Judge Thomas Kirkman and grimly accepted responsibility in the incident.
The crash claimed the life of David "D.J." Walsh, 64, of Dartmouth, who was at the helm of his 35-foot sloop Priority off Dartmouth when it was rammed from a rear angle by the 63-foot sport cruiser Reasons, piloted by Bevins. Walsh was killed instantly and his passenger, Warren G. Hathaway, now 67, of Dartmouth, was injured below decks.
In addition to the suspended sentence and probation, Bevins also will lose his driver's license for 90 days and his captain's license for five years. For three years he was ordered not to operate or board any kind of boat.
Before accepting the plea agreement, Kirkman heard witness statements from Hathaway and Walsh's widow, Melody, via her attorney, Charles Murray.
He also heard Bevins' attorney, George Hassett, praise Bevins as a hard-working family man with children and grandchildren.
Hathaway and Murray said they approved of the punishment as significant, especially the imposition of a three-year ban on boating against someone who is completely devoted to it, as they said Bevins is.
The sentence "sends a message to boaters" that negligent operation will bring serious consequences, Murray said.
Hathaway said the sentence reminds boaters "what they must do to protect themselves and others."


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## sawingknots (Feb 24, 2005)

wow,damm and damm


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## downeast450 (Jan 16, 2008)

*GPS + Autopilot?*

This guy had access to tools that let him get away with behavior having the potential for endangering other peoples lives. I am not suggesting the tools are to blame. He is! Clearly! The ongoing problem is that we are more vulnerable to this type of irresponsible behavior every year. The combination of GPS and Autopilot make travel in Maine's fog more perilous because of irresponsible operators than it is because of the natural features we used to work to avoid. We do have headway speed and signal rules for operating in the fog. They seem to have become what traffic lights in Rome have become, suggestions! I would welcome a change back to the "Old" behaviors. The technological race is on. I enjoyed the early days of GPS when it made it possible to get back home safely in the fog. It still does but I decided to add radar to our boat because of large powered pleasure craft cruising the Maine coast in the fog. I now have a 10" chart plotter with radar and AIS overlay. The radar can plot potential collisions and warn me. I wonder if I can install an autopilot that would initiate an avoidance maneuver based on my a radar's warning? (Kidding) Unfortunately, I suspect even that would have not avoided this tragedy.

The obvious guess is that this guy set a course, probably with several waypoints. There is no way to force someone like that to pay the appropriate attention to their responsibilities. Could the technology be forced to limit, say, length of interval that autopilots and GPS can cooperate? I don't need the limit and most mariners don't but for us a limited interval wouldn't be an inconvenience. would it?

Back in the day and that wasn't so long ago, 10 years. I had little concern of being run down in the fog. Today it is my primary navigating concern along some stretches of Maine's coast.

George


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## tommays (Sep 9, 2008)

Well

IMHP the problem starts on LAND if you walk or bike much you will be avoiding cars OR getting hit by them and having been hit and run two times in the bike lane 

NOT much happens even when it is fatal unless there was a DWI or other big factor 

Why are we supprised when the same result happens on water as there has allways been the mind set that it was just and accident and a lack of intent


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## sailingdog (Mar 19, 2006)

I think you really need to check again... the formula for the horizon distance in kilometers is D=SQRT(13*h), where h is the height above the ground. Given a typical 30-35' sailboat, that would only be 2.2 meters or so, if the person was standing up. That means that the horizon would be at little over 5.3 km or 2.86 nm... If the boat was travelling at 40 knots, it would only be visible for 4.3 minutes... nowhere near the 15-20 you posit. If you looked around every five minutes, there's a very good chance that you'd get run down before you spotted a boat moving at 40 knots.



Dockhead said:


> On the contrary, I think we can say with great confidence that the sailboat could have avoided the crash, as long as the weather was clear with good visibility. In clear conditions, the power boat would have been visible for at least 15 minutes prior to the collision and probably more like 20 or even more. If the power boat was coming from behind, then even more (in that case, add the sailboat's speed to that of the powerboat to get the closing speed).
> 
> Even a look around every five minutes would have given the skipper plenty of time to react.
> 
> ...


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## Dockhead (Nov 10, 2009)

sailingdog said:


> I think you really need to check again... the formula for the horizon distance in kilometers is D=SQRT(13*h), where h is the height above the ground. Given a typical 30-35' sailboat, that would only be 2.2 meters or so, if the person was standing up. That means that the horizon would be at little over 5.3 km or 2.86 nm... If the boat was travelling at 40 knots, it would only be visible for 4.3 minutes... nowhere near the 15-20 you posit. If you looked around every five minutes, there's a very good chance that you'd get run down before you spotted a boat moving at 40 knots.


I'm glad someone is actually doing some math here. This is definitely progress.

But let's get the math right. 2.86 nm may be the distance from a 2.2 meter eye height to the surface of the water at the horizon (actually, 3.14 nm). But most boats which are not submarines stand up above the water. The Sunseeker Predator 66 -- to take a lower-slung example, from those motor boats about the size of the accident boats -- stands 5.03 meters above the surface of the water, I mean the top of the superstructure. What distance do you get with that height, combined with your 2.2 meter eye height. Right, that's more like 5.68 nm.

And what 40 knots? That same Predator 66 -- one of the fastest boats in that class, with enormous fuel-sucking twin monster diesels (2,200 horsepressure), has an absolute top speed of 35 knots. On autopilot with the skipper getting a BJ belowdecks, that boat will not be doing 35 knots. Cruise speed is going to be 15 to 18 knots, maybe.

So what do you get with that distance, and that speed? Yep, at 20 knots, 17.04 minutes. At a more likely 18 knots, 18.93 minutes. At 15 knots (more than hull speed!), 22.72 minutes.


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## Boasun (Feb 10, 2007)

One problem is when the boat is on Auto-pilot, the person on watch could be testing his eye lids for pin hole leaks... or napping. Auto-pilots steer a straight line only. They do NOT jog around anything. Not around oil platforms and never around another vessel.


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## bubb2 (Nov 9, 2002)

Dockhead, you are making assumptions again, Monday morning quarterbacking. The survivor on the sailboat said, they were not aware of the power boat until it was 100 yards away. 

Unless you have access to facts that we don't, your 15 min exercise does not apply.


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## noreault (May 14, 2008)

Dockhead is correct. He is saying when the boat could be visible, not when it was seen. It seems clear that the sailboat was also not keeping proper watch. It is likely that an Admiralty Court would have apportioned blame between both boats. The facts, including the court decision on the criminal matter, would suggest a majority of the responsibility on the power boat. 

We all have responsibility to maintain proper watch and do everything possible to avoid collision. The fact that the overtaking boat failed to keep watch and give way does not relieve the sailboat from its responsibility to maintain watch and attempt to avoid a collision. Personally I find the power boaters failure far greater. In all probability, with a scan to the rear on a 5 minute interval the sailboat could have avoided the collision.

The power boat exhibited a blatant and callous disregard for maintaining even the most minimal standards in operating his boat. The sailboat suffered from what is probably a momentary lapse in attention. Clearly the consequences of their respective mistakes does not match the magnitude of the penalty each paid.


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## bubb2 (Nov 9, 2002)

Just a Question for everyone, Was the sailboat inside or outside the breakwater at the time of the crash?


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## Jasper101 (Nov 12, 2009)

This is a very sad story.  
I wish their family the very best.


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## sailingdog (Mar 19, 2006)

IIRC, it was out on Buzzards Bay proper...


bubb2 said:


> Just a Question for everyone, Was the sailboat inside or outside the breakwater at the time of the crash?


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## Omatako (Sep 14, 2003)

bubb2 said:


> Dockhead, you are making assumptions again, Monday morning quarterbacking. *The survivor on the sailboat said, they were not aware of the power boat until it was 100 yards away*.
> 
> Unless you have access to facts that we don't, your 15 min exercise does not apply.


That is an indiictment in itself. Clearly both boats were not keeping a decent watch.

I agree with Dockhead, there was ample time for anyone keeping a decent watch to spot a collision developing. I haven't read this whole thread but based on the last series of posts, there is something of a split responsibility in this.

I don't know how it works in the States but in South Africa and in New Zealand, if a motorist runs a red light and another motorist pulls off in front of him from the green light, they share the responsibility for the accident, the logic being that a green right means it is your turn, not that you have absolute right of way. You still have a responsibility to ensure that the way is clear.

The same logic applies in the Colregs for a collision at sea.


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## Dockhead (Nov 10, 2009)

I wasn't really talking about whether the poor dead sailor, D.J., had any fault in the accident. For what it's worth, I don't think he did, but I think it hardly matters in any case, now.

The only point I was trying to make is that he could have avoided the accident and could have saved his own life if he had been keeping a sharper watch behind. This story shook me up, and will certainly make me much more careful; I hope it helps someone here too. It would be a good legacy for D.J. if someone else is saved because of his story.


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## bubb2 (Nov 9, 2002)

I









The above links are photo's of the boats.

I have to disagree with the assessment of a few following this crash. Mr Bevins (powerboat operator) plead guilty to causing this crash, Thereby saying he was responsible for the crash. He also said at the time of the crash he was "reseting his GPS."

One would have to ask why was he "reseting his GPS" did he just pass a way point and was inputing a new one?

The survivor on the sailboat Mr Hathaway statement was that he heard Mr. Walsh yell "what is he doing." just before the crash. Mr Walsh was at the helm of the sailboat and was killed in the crash.

It has troubled me to hear that some think that the sailboat operator was somehow responsible for his fate, By not keeping a proper lookout.

48 hours ago I made a phone call to to one of the busiest Marine Insurance surveyors here in New York who is a very good friend of mine. I asked him if he knew anything about the crash. He said he had heard some things but nothing first hand. He also said, let me make a couple calls and I will get back to you.

I got the phone call this morning.

The scuttlebutt, is the powerboat would have passed to the stern of the sailboat in a crossing situation left to right. But just seconds before the crash the powerboats course changed and it crashed into the sailboat. This was confirmed by the laptop and Gps track log on the power boat.

It is understood that the powerboats autopilot was disengaged at this time also.

My buddy said, It is clear to those on the "inside" "That power boat drifted off it's course just seconds prior to the crash and the sailboat didn't have a chance."

This makes things much more clear for me.


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## tweitz (Apr 5, 2007)

I agree we sailors should keep a lookout and watch for any potential collision. But a sailboat going 5 knots or so, and with its somewhat limited maneuverability under sail, can do little about a powerboat coming at 35 knots which can instantly maneuver wihout regard to the wind. The sailboat, having the right of way, is the burdened vessel and is supposed to maintain course and speed. The powerboat is permitted to rely on that. 

Although I always try to avoid the near miss situation, if we get close the sailor is faced with an impossible choice. Maintain course and you risk a collision. Change course and you still risk a collision. The vessel with vastly higher speed has to be the one to maneuver, except in the case of a giant ship which has limited ability to maneuver, and then the sailor does not have to worry about a sharp turn.

Which is all a long way of saying that the fault seems to me to lie with the high speed vessel. We all often encounter power boats on the water that do not keep an adequate lookout and do not seem to understand that at 35 knots there is one seventh the reaction time that there is at 5 knots, and there are no brakes on a boat.


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## Dockhead (Nov 10, 2009)

bubb2 said:


> I
> 
> 
> 
> ...


If the powerboat swerved into him at high speed and at the last second, then that is different from the way the accident was described before (powerboat on autopilot). In that case then of course -- no chance for the poor sailor whatever lookout he was keeping.

If the powerboat was indeed on autopilot, then a good lookout could have prevented the accident. Let's us all avoid that situation, shall we? Whatever it was that really happened to poor D.J.


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## bubb2 (Nov 9, 2002)

Dockhead said:


> If the powerboat swerved into him at high speed and at the last second, then that is different from the way the accident was described before (powerboat on autopilot). In that case then of course -- no chance for the poor sailor whatever lookout he was keeping.
> 
> If the powerboat was indeed on autopilot, then a good lookout could have prevented the accident. Let's us all avoid that situation, shall we? Whatever it was that really happened to poor D.J.


Dockhead, just where did you see a report of the crash that the autopilot was on? I went back though the thread and read every newspaper account and no mention was made of the autopilot. The newspaper got it wrong that the boat was not hit in the stern but the port quarter.

The autopilot was mentioned in post #8 but that was speculation by a Sailnet member.


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## Dockhead (Nov 10, 2009)

bubb2 said:


> Dockhead, just where did you see a report of the crash that the autopilot was on? I went back though the thread and read every newspaper account and no mention was made of the autopilot. The newspaper got it wrong that the boat was not hit in the stern but the port quarter.
> 
> The autopilot was mentioned in post #8 but that was speculation by a Sailnet member.


I have no source of information other than the thread. But the problem we were discussing -- whether we can, and how to avoid being run down by a powerboat on autopilot in the open sea -- is no less interesting, just because this actual case didn't happen that way. It's a scenario I worry about. It was a great discussion, which I hope will help all of us.


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## sailingdog (Mar 19, 2006)

Dockhead-

The point some of us are trying to make is that no matter how good a lookout you keep on a sailboat, if the idiot in the power boat does something unexpected at the last second, even Dennis Conner wouldn't be able to get the boat out of the way....That is what happened to DJ Walsh.

*While his passenger wasn't aware of the powerboat until the last second, it is pretty clear from DJ shouting "what is he doing?" that DJ Walsh had spotted and had an eye on the power boat, and was aware of it. He had thought it was going to pass clear, and it probably would have if it hadn't made a sudden change in course at the last second. *


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## bubb2 (Nov 9, 2002)

Dockhead said:


> I have no source of information other than the thread. But the problem we were discussing -- whether we can, and how to avoid being run down by a powerboat on autopilot in the open sea -- is no less interesting, just because this actual case didn't happen that way. It's a scenario I worry about. It was a great discussion, which I hope will help all of us.


I am sorry, I didn't pick up on we were having a discussion based on a scenario. It sure sounded to me like you had facts unknown to the rest of us and you had made up you mind as who was to blame.

Your words.

On the contrary, I think we can say with great confidence that the sailboat could have avoided the crash, as long as the weather was clear with good visibility.


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## smackdaddy (Aug 13, 2008)

Jeez bubb - those are some nasty pictures. Since we sail in a fairly narrow lake - we're hyper aware of power boats because there are so damn many. It's tough to see everything you need to see.


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## bubb2 (Nov 9, 2002)

Smack, yes those are nasty pic's. I didn't know they were on line until I talked to my surveyor buddy. 

Those pic's sure brought things back home for me. My boat was not damaged like that one, after we were run down. But we were hit by a 45 ft sea ray and we were hit right in the port corner of the transom. Yes Smack, the boat I took you sailing on after $43,000 of repairs.

I been told more that once from the experts including a Beneteau engineer had we been hit on the beam we would have cut in half. As you can see the boat in the pic's, it almost was.

Smack, In my situation we got hit in one of the strongest area's of the boat. 

I feel some of the advice given in this thread could be fatal. If I got a boat Bering down on me the last thing I am going to do is turn broadside to him, trying to get out of the way, That just gives him a bigger target at the weakest point of my boat.

But hey, what the hell do I know?


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## Faster (Sep 13, 2005)

I'm sure that most of us have experienced close calls (some closer than "close"). I'm sure that the unfortunate victim in this case was convinced that "Reasons" was planning to pass clear astern, (perhaps at speed and too close - but that happens every day) The last second veer takes away any onus on him and pretty much negates any effort that had been made to "keep an eye out".

I think one of the best things to come out of the recent fuel price crunch is seeing many of these 20+ knot capable powerboats loafing along at a sedate 8-10. Still, for some reason some of them seem to feel that they have to pass within a boatlength, and the lighter the air the closer they get.

I'm happy to see that despite the strong convictions in this discussion that you've all kept it civil... thanks for that!


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## Dockhead (Nov 10, 2009)

bubb2 said:


> I am sorry, I didn't pick up on we were having a discussion based on a scenario.


We were discussing a case where no one thought there was any last minute swerve. That was entirely new information, which came up just now.



bubb2 said:


> It sure sounded to me like you had facts unknown to the rest of us and you had made up you mind as who was to blame.


A. I never said I had any other facts.

B. I said over and over again that "blame" was not at all the point of what I was trying to say. For what it's worth, I always blamed the powerboat driver, and said so.



bubb2 said:


> Your words.
> 
> On the contrary, I think we can say with great confidence that the sailboat could have avoided the crash, as long as the weather was clear with good visibility.


My words are still valid, based on what we all thought happened. In clear weather a sailboat can always avoid a powerboat on a steady collision course, even at 18 -- 20 knots, if he will just keep a good lookout all around. Some of us didn't really know that before. If even one person knows that now, who didn't quite realize it before, then this discussion has not only been useful but might even save a life.


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## Dockhead (Nov 10, 2009)

sailingdog said:


> Dockhead-
> 
> The point some of us are trying to make is that no matter how good a lookout you keep on a sailboat, if the idiot in the power boat does something unexpected at the last second, even Dennis Conner wouldn't be able to get the boat out of the way....That is what happened to DJ Walsh.
> 
> *While his passenger wasn't aware of the powerboat until the last second, it is pretty clear from DJ shouting "what is he doing?" that DJ Walsh had spotted and had an eye on the power boat, and was aware of it. He had thought it was going to pass clear, and it probably would have if it hadn't made a sudden change in course at the last second. *


Yes, I agree completely.


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## bubb2 (Nov 9, 2002)

Dockhead said:


> We were discussing a case where no one thought there was any last minute swerve. That was entirely new information, which came up just now.
> 
> A. I never said I had any other facts.
> 
> ...


I wish you would avoid using words like WE and All, because that implies I agree with you and I simply don't and never have.


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## Dockhead (Nov 10, 2009)

bubb2 said:


> I wish you would avoid using words like WE and All, because that implies I agree with you and I simply don't and never have.


Well, of course, everyone has a right to his opinion. I'm sorry if I implied that you had listened to or accepted anything I wrote -- my fault there. Let me rephrase it:

My words are still valid, based on _the facts as they were initially presented_. In clear weather a sailboat can always avoid a powerboat on a steady collision course, even at 18 -- 20 knots, if he will just keep a good lookout all around. Some _people in this thread disagreed with that; maybe still do_. If _I managed to change even one person's mind_, who didn't quite realize it before, then this discussion has not only been useful but might even save a life. _Of couse, some people may continue to think that it is simply useless to keep a watch out behind, because there is just nothing you can ever do to avoid a collision with a powerboat. That's for everyone to decide for himself; none of my business of course. I was only trying to be helpful._

That better? 

Actually, to be more serious, I don't think you ever understood at all what I was trying to say. I think you got the impression that I was trying to blame poor D.J., and that this irritated you, and you stopped listening to any of my arguments. Well, I was never blaming D.J. -- I share your outrage about the stinkpot. I was more interested in how collisions happen, and what we can do to avoid them. And trying to dispel the idea, which is objectively not true, and dangerous, that it's just impossible and useless to try to avoid being run down by a stinkpot. It's an interesting subject to me because I've had a few close calls myself. The specific case wasn't really important in that. But anyway, don't be offended. I was neither blaming D.J. nor picking on you. Safe boating!


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## tommays (Sep 9, 2008)

In my last close call we were moving Sea Fever at 4.5 knots when we went under the Throgs Neck Bridge and saw and oil barge of some type were the tug inserts into the stern on the north side of the channel doing some kind of dog leg course ?

We had to turn to starboard a good mile+ away and pretty much head due south for Long Island and still ended up within about 300' before we could head east again


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## bubb2 (Nov 9, 2002)

I understood exactly what you said. I have been run down by a powerboat on a clear day. A boat running on it's autopilot. I was cleared by a court, if fact the court ruled I was 0% contributory to the crash.

In my case, I had 18 to 28 seconds to see the other boat after it was first ABLE to be seen, based on who's estimate of the power boats speed that you use.

Head on a swivel, Tell me you look behind your boat every 30 seconds.

Sometimes in life you are just unluckily, and there is nothing you can do about it. But you can't make blanket statements like you have. In real life things don't alway fit in the box you so nicely want put them in. DJ and I found out the hard way.

That being said, I am interested in how you would avoid a collision? What actions you would take? Because i don't believe a risk of collision exists outside 45 sec window. Meaning once a power boat is within 45 sec of you. A boat on plane can cover a lot of water in 45 sec's. Then you need to be worrying about what his intentions are.


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## bubb2 (Nov 9, 2002)

1 knot is 1.687 feet per sec. X 20 knots (boat on plane) = 33.74 ft. X 45 sec. = 1518.3 feet. Thats almost a third of mile or 500 yards that he has missed you by (if he were to maneuver) or 45 secs to make your escape. I want to know, how you know the difference when the other boat is still 500 yards away or further.


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## Dockhead (Nov 10, 2009)

So you are interested in the topic. I'm glad. It's interesting and worth discussing.

You say "Sometimes in life you are just unluckily, and there is nothing you can do about it." This is true. On the water, and off it. You raise a philosophical question. To some extent, we actually go out looking for trouble, going out on the sea. Lots of things can happen there, and not just errant stinkpots. I think that part of what we all love (sorry for being so presumptious as to again use the word "we") about our sport is managing danger, actually. We go out into what is an inherently dangerous environment, and a great part of the pleasure we get from our sport is competently managing that danger. We hone and hone our skills, all the various skills which you need to be a good sailor, very much so that this dangerous environment becomes predictable, to the extent possible, so that we know what to do in any situation, and we can manage, if not eliminate all the risks.

And so it is with managing traffic on the water, and all of the dangers THAT presents. Do I look behind me every 30 seconds? I didn't use to, at all. I've been on the water all my life, but I've spent probably 100x more hours driving a car, than driving a boat, and like most of us, my watch is concentrated ahead, like when driving a car. Or was, until I started this year sailing mostly in the Solent, instead of Florida, where there is a huge volume of ship traffic which has no obligation to avoid you -- which has the perfect legal right, according to local rules, to run right up your as* and right over you. The first couple of near misses, where a huge tanker "appeared out of nowhere" and just about sucked my 31 ton boat under in its wake, shocked me into realizing that "out of nowhere" is no excuse, and that I'm not keeping the right kind of watch.

You say you had 18 to 28 seconds to react, after the other boat was "ABLE" to be seen. At 20 knots, that would be about 180 to 280 meters. At even 30 knots, that would be 270 to 420 meters, or at most 0.2 nautical miles. Why such a short distance? He came out from behind a ship? Or an island? Or it was foggy? Well of course in such a situation you were just screwed. Why don't you tell us how it happened?

Your other question -- "how do you know the difference when the other boat is 500 yards or more away" -- obviously no one can forsee a last-minute swerve (RIP D.J.), but a steady collision course can be recognized from the horizon -- 15 or 20 minutes or more away even at 20 knots. That's a skill worth honing. Along with all the other ones.


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## smackdaddy (Aug 13, 2008)

Dockhead said:


> In clear weather a sailboat can always avoid a powerboat on a steady collision course, even at 18 -- 20 knots, if he will just keep a good lookout all around.


Always, huh? I'd like to see the math on that. I don't buy it. And with Bubb being on the pointy end of that equation - I think I'll believe him.

On the other hand - if your point is that it's good to always keep a lookout, no arguing with that.


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## bubb2 (Nov 9, 2002)

Dockhead said:


> You say you had 18 to 28 seconds to react, after the other boat was "ABLE" to be seen. At 20 knots, that would be about 180 to 280 meters. At even 30 knots, that would be 270 to 420 meters, or at most 0.2 nautical miles. Why such a short distance? He came out from behind a ship? Or an island? Or it was foggy? Well of course in such a situation you were just screwed. Why don't you tell us how it happened?
> 
> Your other question -- "how do you know the difference when the other boat is 500 yards or more away" -- obviously no one can forsee a last-minute swerve (RIP D.J.), but a steady collision course can be recognized from the horizon -- 15 or 20 minutes or more away even at 20 knots. That's a skill worth honing. Along with all the other ones.


Dock, here is the link (for the 3rd time) about my crash. Post #38 will answer your question. Again, I ask you to do some reading before you make uninformed opinions.

http://www.sailnet.com/forums/general-discussion-sailing-related/8103-can-happen.html

Now you are jumping back and forth between a "huge tanker" and a Sea Ray. I agree a tanker that is 15 min's away is going to get my attention. Large vessels make straight lines.

Large Sea Rays 15 min's away are not going to get my attention, I will note in my mind where he is, but in my experience very few powerboats stay on a straight course for 15 min's. The tuber they are towing can fall off. Half of them don't know how to use the Autopilot even if their boat if has one.They like the feel of the wheel and throttles in theirs hands and are not afraid to use them.

Once they are inside my "circle of comfort" (1 min to 45 sec's) Then they have my full attention.


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## smackdaddy (Aug 13, 2008)

Thanks for posting that link Bubb. I've never read the story either. I'll have a look.


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## bubb2 (Nov 9, 2002)

smackdaddy said:


> Thanks for posting that link Bubb. I've never read the story either. I'll have a look.


Smack, I never knew that! I guess I think all the "old guys" have read it. I have posted the link 3 times in this thread in hopes it got read by some of the newer people on the site. I was never so proud of my wife.


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## MMR (Oct 5, 2007)

bubb2 said:


> Smack, I never knew that! I guess I think all the "old guys" have read it. I have posted the link 3 times in this thread in hopes it got read by some of the newer people on the site. I was never so proud of my wife.


Dang...I get chills everytime I read that, Bubb. You had an angel watching you all that day, for sure....


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## Faster (Sep 13, 2005)

This is the first time I've read that initial post too.... all I can say is Wow.... Bubb, you and yours are a real testament to the perseverance of the human soul...


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## chucklesR (Sep 17, 2007)

Dockhead, that's just insane. 15 minutes away, my ass.

There is a reason the Searay moving at 30+ kts, 15 minutes away doesn't get your attention. You can't see it well enough to determine course. That is 15000 yards away. (30kts x 2000yards / 4). Actually 45,090 feet using Bubb2's formula.

That's 8 miles folks. It's barely visible above the horizon depending on your height above water. On most days it's a shimmer on the horizon.

Maybe if it's the only boat on the bay/river in sight. On a normal day, not going to trigger an alarm for me until it's inside 500 yards. I'm watching sails, wind, closer traffic, I'm not looking at boats or for boats that far off.


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## eherlihy (Jan 2, 2007)

*Post Script -*

I found this in Yachtworld. I believe it is the boat involved in the OP.

1994 Freedom Sloop Sail Boat For Sale - www.yachtworld.com


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## smackdaddy (Aug 13, 2008)

So who in their right mind would pay 15K for that? Is there really enough money in salvage to make money off it?


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## mstern (May 26, 2002)

*Don't be too hasty*



smackdaddy said:


> So who in their right mind would pay 15K for that? Is there really enough money in salvage to make money off it?


On the other hand, the cushions are in nice shape.


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## smackdaddy (Aug 13, 2008)

True ms, I didn't think about that. I just re-did the cushions on our boat and it seemed like was only around $12K. Throw in a couple of winches and a jib and your in juice!


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## eherlihy (Jan 2, 2007)

I suspect that there is possibly $15K in the motor, Carbon Fiber mast, sails, rigging, galley, and interior. 

This isn't a project that I would want though. Too much bad karma on this boat.


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## NaviGsr (Sep 17, 2009)

Those pictures of the damage illustrate the scariest thing about this kind of collision. Getting hit by a planing hull power boat at high speed means it goes up and over the deck, with the props tearing apart everything and everyone in their path. I'm amazed that Bubb and his family survived their ordeal.


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## NaviGsr (Sep 17, 2009)

I also found an archive of all the news articles related to this incident. It is in the middle of the page below once you scroll down:

SouthCoastToday.com - Buzzards Bay Regatta - Your link to SouthCoast Massachusetts and beyond

Here is an another interesting tidbit from one of the articles:

NEW BEDFORD - _The owner of the powerboat involved in a July 18 accident that killed a Dartmouth man was resetting his GPS system in the moments before the crash, he claimed in a written note to the Coast Guard boarding team just before invoking his Fifth Amendment rights.

On the recording of Mr. Bevins' mayday call, he said: "We just had a collision with a sailboat. We ran over that sailboat. There's one missing. The guy who was at the helm is missing. Hold on a sec. The guy I swear he came out of nowhere."

Mr. Bevins' written statement said, "I was setting waypoint on GPS, looked up to see sailboat in front of me. No time to avoid crash."_

The SAILBOAT came out of nowhere????? Why are these morons allowed to operate these boats???


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## sailingdog (Mar 19, 2006)

Exactly, what was so difficult to see about a 40'+ tall mast that had sails up?? How does a sailboat just come out of nowhere??


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## tommays (Sep 9, 2008)

What ever you think of the guy he admitted guilt and took what the government handed out 

You got have the same thing happen in cars 40,000 times a year - the DWI so say 20,000 and for the most part it goes civil IF at all and the victim can get a lawyer


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## bubb2 (Nov 9, 2002)

Tommy, no one I am aware of accused the Powerboater of being intoxicated (DWI). That is maybe only the reason he is not in jail. For lack of a better term, it was a unintentional act.

I do commend him for making the radio call to the Coast Guard. The guy that hit me didn't.


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## tommays (Sep 9, 2008)

I know he was NOT DWI

I am just surprised that people think this will be different than car fatal car accidents


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