Actually, I think you guys are both wrong... I think the quibbling will continue regardless... the conditions prevalent at the time of the incident will always be a factor.
The Coast Guard standard for determining excessive speed bears some serious consideration.
For example, if you are traveling at 25mph in a dense fog and have an accident of some sort, collide with another boat or hit a dock/shoreline. Your rate of travel, 25mph, although legal under HB-162 it would be considered excessive speed by using the Coast Guard standard.
You can be traveling at 45mph thru the Weirs on a busy summer saturday, all perfectly legal under HB-162, regardless of conditions... that is until you collide with someone or something... all within a perfectly legal speed, but it could be considered excessive speed by the Coast Guard standard.
Not to beat a dead horse, but the 28mph the Littlefield boat was traveling at might (and I mean might) have been considered excessive speed for the prevalent conditions. (dark night) It would not have been considered speeding under HB-162. When was the last time anybody got a speeding ticket for 3mph over the limit? The standard is usually 10+MPH over the posted limit.
Woodsy
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