PSA pulled over by Fish police (small update)

[bansil]

So i got pulled over about 3 hrs ago and issued a ticket, class B misdemeanor with $2500 fine...for what you ask?
Neglect operation....we were doing 9 mph, heading back to dock, wife was up front watching for logs and debris... blue lights

Apparently it is illegal to be outside of the gunnel while above idle speed, what bullshit

Water 5-0 whilr writing ticket

2018-06-23 21.41.47.jpg (192.55 KiB) Viewed 6694 times

Notice blue lights

These are chairs in question,

2018-06-23 21.42.11.jpg (136.33 KiB) Viewed 6694 times

So i am very pro leo...we were not even drinking...sorry to vent, this bullshit just really hurt my boating budget this year


ETA...cleaned up language


ETA2 while trying to straighten this out I learned some things.

Remember I was wrote up for "neglegent operation" that is all it says, a very generic ticket.

While discussing this with the state, my arguement was there was no law about required fencing on the books so how can the term gunnel be used?
Well turns out that there is a newer law that was instated that says "you can not be in a pedestal seat above wake/idle speed" this was put in to cover what my wife did, okay we broke the law.
Next i said what about all smaller fishing boats that only have 2 pedestal seats?
"officers discretion, per event"

So there is the loop hole.

[ROLAND]

Bansil... oh man that sucks... $2500 is steep.. are you sure that's what you will have to pay or is it one of those " fines up to 2500.00 " Either way I hate that... seems to me they could have just issued you a warning.. On the other hand, and no, I'm not saying what they did was alright, over the years there have been countless stories of someone sitting out there and the captain hit's a log, or throttles down a little to quick causing the person on the front to go in the water and before they could put the throttle in neutral the person was hit by the prop... I say this because I personally know someone whose 6 year old son was sitting on a fishing seat "inside" the fence while the boat was underway.. lake patrol pulled them over and gave them an ear full - but in that case they just got a warning... none the less, hate that you're getting hit so hard. 9 mph does not = 2500 dollar fine to me. Hopefully you can get it reduced significantly... Sorry my friend.

[bansil]

It is dangerous I see that now, i still think a warning would of worked.

Fine up to $2500 , with missed work, $250 court cost and lawyer, it still will be $$$ and possible jail time...

Will see next month

[Marc K]

Ouch! Let's hope that you get hit with waaaay less than that!

[zoom650]

I learned that lesson 40 years ago when I let friends perch on the gunwale (no rails) of my ski boat. Its a tough nut to chew on, but a good law nonetheless. One of my college friend's wife fell overboard riding on the gunwale and her face is scarred for life from the prop.

[BADsDAD]

Woah, that's bad! So, my toon has fishing seats upfront but behind the fence. Does this mean I could get a ticket for letting people sit there while underway? I hope not, I don't have enough seating otherwise!

[bansil]

Behind the fence no, you are gtg

We were just navigating at 9 mph keeping up with where debri was and she was guiding me, i was just pissed because all the jet skies cutting people off and jumping wakes and other things i felt were way more dangerous than what we were doing, lots of boats full of younger folks yelling drinking and loud music......not to mention 70mph bass boats zooming in and out, guess ours was an easy revenue maker.... live and learn....and the way the "rules" are written, if i would of blown .07 with her sitting in normal chair, it would of been not a big deal, she would of drove boat back to slip

So we will carry on, this is one time i wish my boat looked like every other pontoon.

[ROLAND]

Woah, that's bad! So, my toon has fishing seats upfront but behind the fence. Does this mean I could get a ticket for letting people sit there while underway? I hope not, I don't have enough seating otherwise!

Just to be clear, by behind the fence do you mean "inside" the fence.. that's my assumption.. I don't "think" it's illegal for someone to ride up there, but I'm not sure.. Laws vary by state. I do know that on my Bennington, which has fishing chairs up front inside the fence, there is a warning on the inside of the fence that no one is to ride up front while the boat's underway.. Apparently my wife can't read as she sits up there the entire time we're underway...

[TWB]

Man! So sorry to hear this crap luck. Got pulled over the second time I had mine in the water. The registration numbers were "not spaced properly." I think it was mostly an excuse to do a full safety check looking around. Luckily I have everything on board and only got a warning for the numbers.

Like others, I hope it comes down when you have your day. That would kill a chunk of my water budget, too!

[KPC]

Sorry to hear about your ticket.


FWIW, I was speaking to my niece the other day (she was used to be a water patrol deputy) and she told me that they are sometimes more strict when it comes to pontoon boats for one very simple reason. If a person falls off a normal hull boat they will almost always fall to the side and be out of the way of the prop. With a pontoon, if you fall off the front the pontoons are going to "funnel" you directly to the prop. There is not way to avoid it. Even at low speeds, your reaction time will not likely be fast enough to avoid disaster.

A warning could have been in order but I just thought I'd throw that out there.


KPC

[Retired OG]

I've never been a fan of laws that are written to protect us from ourselves...first it was seat belts....then car seats for toddlers, helmets for motorcycles and now bicycles....it's a damn wonder that so many of us survived our childhood... Darwins law worked mo better....

[bansil]

This may not be as bad as first thought....

I actually talk to his superior today by accident, no shit the vending machine guy is actually a fish cop on that lake, i was telling him my story and 3/4 way through he said "watagua right"?

Im like wtf so he tolde what to and how the laws work, apparently people sitting on front railings are #1 pontoon accident, i told him thank you

1st here they consider all fencing to be the "gunnel" law is written that you can not be outside the bow, outside the gunnel, or outside the transom

Basically the top of the hull...now when i mentioned the fact that TN, does not have a fence requirement for pontoons and they dont even need them (similar to no requirement for turning a school bus into an RV, like most states do have)
He was like, i have only noticed dive, recovery and dock maintenance pontoons like that , and those are legal correct? "Yes"

Why you ask?

Because the behind gunnel only pertains to above wake sppeeds or idle

do we have Learned Something today

I have already started 1st requirment which is online CG approved class from boatus, then next friday will be TWRA test at local library