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Old 01-16-2006, 02:20 PM   #29
Woodsy
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Join Date: May 2004
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Island Lover,

So how would HB-162 prevented this tragedy??

There is no proof the driver of the boat was traveling at speed greater than reasonable & prudent or excessive. The driver of the boat was doing donuts with a child in the front of bowrider, decided to cross his own wake...

I think the death of this poor kid would be classified as a "Fall Overboard/Struck by Motor/Propeller". It would be interesting to see if they cited the driver for "Careless/Reckless Operation" or perhaps "Operator Inattention" I don't think excessive speed would be the culprit in this one... but let me hear your reasoning.

If I were to apply your logic as I understand it, any death that occurs in boat that is/was in gear or in motion could be construed as a death due to excessive speed ie: had the boat not been moving that person would not have died or been injured.

Lets change up the scenario, If the operator of the boat wasn't doing donuts and crossing his own wake, lets say he was out in the broads minding his own business going XX MPH and the girl just bounced out of the front of the bowrider boat, I would agree wholeheartedly that he was traveling faster than what would be considered reasonable & prudent for his boat and the prevailing conditions. Nobody should be bouncing out of your boat...


Woodsy
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