robertovillate wrote:It would be great to hear from a maritime law expert who is also a kiteboarder that could give an "in a nutshell" viewpoint of this subject.
I am not a maritime law expert and I am not sure if you can find such guy kiting.................................................... Detailed explanations were given in the comments to the relevant rules. [/i]
Perhaps I should have better phrased the question - since this thread has taken a focus on rules in the waves
. I read your last reply over and over and, unless I am completely missing something, I could not find any correlation.
I think it's commonly accepted that kitesurfers have a "differentness", as you put it, to other vessels. In some sense you could compare this "differentness" to other types of sail or power boats (e.g. a skiff flying a spinnaker 15 feet or more beyond the bow on a sprit that is longer than the actual boat vs a gaff rigged ketch with no forward extensions, whether fixed or retractable) The point being that each operates at different speeds, whether constant or not, and depending on conditions and ability, needs different space and time to maneuver in a seamanlike manner. Therefore the kite and lines are considered an extension of the gear to operate normally.
I tell students that "giving room" to a stand on kiter really means the stand on kiter should be able to fly their kite in the full 180 degree arc of the wind window, because in fact they may need to do so on a wave to stay powered, or turn away, and not get creamed. The same case is true on flat water - it's "courteous" to raise or lower a kite when passing, but sometimes the operator cannot control the kite enough, or need to fly it low for a power stroke. The bottom line is "try to ride so you and your kite are at least one line length from the other kiter and his gear". Of course, in practicality, people ride much closer to each other than that all the time, but most do the next best thing - control the kites to avoid a collison.
But getting pack to the point of wave rules, (with all due respect for your experience and qualifications) I still do not see any valid argument in the wave rules you imply in your lengthy treatises.
When on a wave it is possible to be severely limited in the direction you can ride or turn. In laymens terms "it just isn't cool to cut a guy off on a wave". The guy going out trying to negotiate shorebreak also has limited maneuverability, but he is "entering" into someone else's path (the guy on the wave) and should yield. And I am sure there are many times where a guy on a wave will say - "uh-oh, that guy coming out is having trouble, so I'll exit the wave or ride out of the way as much as possible". And as another poster mentioned...if either cannot ride safely in those types of conditions they should not be out there to begin with.
There have been a few very short and simple explanations offered already which make sense. The simpler the rule is the better it is, since things can happen fast and people need to act accordingly.
If possible, rather than quoting extensively from your book again and listing all sorts of sections and sub-sections, etc...can you give a simple (200 words or less) explanation of the logic of your position? Since we are discussing kitesurfers, saiboards, and surfers in "surf conditions" you can limit it to that.