On 10/31/2014 10:45 AM, Rick Brass wrote:
What you say is true, Bill; if you change the bulb the light fixture
is no longer certified. Heck, if your wiring is corroded and delivers
less than the voltage specified for testing, I'd bet is it no longer
certified as well.
Still certified, but no longer meeting the legal requirements! In court,
even a certified fixture can be challenged. I replaced my certified
stern light this season because the lens on the old one was too
weathered to be legal... or safe.
But nowhere in the Consolidated Federal Regulations can I find a
requirement that the operator of a boat need to use a certified light.
Only that you meet the COLREGS requirements, unless your boat is over
65 ft and in passenger service for more than 6 passengers -- and then
you need to also meet the UL compliance requirement.
Agreed.
(If I learned nothing else in getting my Masters License, I did learn
how to navigate the Consolidated Federal Regulations. I'm sure there
are different but similar requirements for Canadian boaters, but
wouldn't have a clue as to where to look for them.) The requirement
for certified lights applies only to a boat manufacturer.
That said, your point is about evidence in a potential admiralty court
case. Plaintiffs' attorney can make any statement they want -- true or
not -- during a case. It is the responsibility of the defense attorney
to refute the stuff that is wrong or untrue. (They actually taught
this stuff to my ex-wife, who is a retired Judge, in law school.) The
claim about lights not certified could be used to cloud the other
issues in a hearing and mitigate the size of a settlement.
But remember, no case involving a boat accident is about absolute
liability. COLREGS rule 2 makes every maritime accident a shared
liability event. So if you do go to court you are arguing about the
portion of liability for each party involved, and arguing about the
size of the settlement. If your lights are substandard or not even
turned on, the other party is still required by Rule 5 (lookout) and
Rule 6 (safe speed) to see you and avoid you. So the condition of your
lights will not absolve him of responsibility -- but they might reduce
his damages if he hits you.
And unless your boat or your life is a whale of a lot more valuable
than mine, the insurance company will likely find it a lot less
expensive to pay the damages rather than incur the expense of lawyers
and trial to reduce the amount they have to pay.
I think we basically are in agreement, Rick. I have just tried to point
out that there is a difference between "meeting the regulations" and
being certified as meeting the regulations. This is a distinct difference.
All that said, I have a certified anchor light on the top of my mast,
but I don't use it. I opt for hanging a very bright LED camp lantern in
the triangle formed by the mast and boom, at about 20-25 feet up. I am
confident that although it is in no way certified, that it far exceeds
the requirements for an anchor light. It also greatly reduces the chance
that I would ever need to prove that point after being hit by someone
who claims they didn't see me. :-)
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