I think its a bit stiff saying the kiter was 100% at fault. If you see a possible collision, regardless of right of way, you should do your best to avoid the collision.
Not think, "oh I have right of way, it doesn't matter".
Sure the windsurfer did have right of way, we seem to have decided on that, but he still ended up in a collision.
In my eyes, it looked like the kiter did try to avoid it last minute, but his board came out of the water. All the sailboarder did was jump out of the straps, and tryed ducking.
And, not sure about this, but the kiter did have his right hand forward. I've no idea if that makes it starboard tack, but meh.
A water collision is both parties fault.

number one rule is to avoid collision (no matter who has "right of way")

thats a boating/sailing regulation. Its good thou to maintain course or show intent. Ie if you're gonna do something, make it obvious.

buy a rule book you half wit!!!!

There are 2 simple rules which is all you need to keep sanity.
1. Port and starboard, Port gives way to Starboard.
2. If you are both on Starboard or both on Port the person who is up wind gives way. ( windward boat must keep clear)
There are rules on the water just like there are rules on the road.
So if you learn them you don't have a problem.

you don't really need a rule book just 2 basic rules.
But if you want to know all the rules I'll buy you a book and read it to you if you cant read.
Is this the same attitude you have on the road, heaven help us all.

> from an obvious moron to the question !

What sort of english is this? Junior high school??

> half of them are wondering what the hell he's yelling about !

I agree with the punk here: many windsurfers (and kiters sometimes) head on on a beam reach and flat water don't even understand that and take the upwind on both courses. Let alone in more complicated situations such as waves. Racers know the ROW and apply it without thinking about it, the rest - not really.

You can't have the ROW rules in waves, because a sailor would have to act differently when going out on a south wind or a north wind (for a north-south beach line such as Sydney). That just wouldn't make sense.

The guy going downwind, such as riding down the wave, has to look for others to leeward, which happens to be the rule at racing and makes sense. The guy going out and being slightly to leeward can't (safely) spin the head 180 degrees like Linda Blair in the movie. In this case, the idiot on the kite is going somewhat downwind, he has full view. Just couldn't control his/her craft and/or couldn't calculate the trajectories more than 10-20 feet, like so many pleasure boaters.

Interpreting the rules:
The ROW rules apply to the craft not the sail.
So how do you differentiate a kite board bow from stern?

It easy on a windsurfer until they start doing freestyle and sailing stern first, does port and starboard still apply?

I don't think you will get a legal opinion as the normal YAA or maratime rules do not strictly apply to kites.

The worst crash I have had in 37 years of sailing was at Melville beech, I was on a run in to the beech from the sandbar on starboard 30knt's or so (GPS), I never saw the idiot windsurfer tacking up on port who had a clear view of me and tried to outpoint me and nailed me just forward of the mast. I was harness flicked and concussed, no damage to the gear thankfully.
A number of people stopped to check me out and see if I was OK, he said sorry I was trying to go in front of you and sailed away, I think he was concerned if he had damaged something and I might seek payment, I never saw him again.

Would I have been able to legally claim any damage or costs, I had witnesses (not as good as a video) I was on starboard and had right of way, I was not racing nor was he.
Possibly but not unless I had serious muscle (friends) to threaten him. If I had sustained life threatening injuries he may have been called to account.

Moral of the story is education and care, I am not a kiter and do not the physics if they can lose control like we can with spin-out (cavitation) or loss of control of the kite. But if we all had to pass a skippers ticket prior to sailing or to go sailing legally ( with insurance) we had to be members of the Windsurfing association and attend one lecture on safety?

Either way the video is good example of what can go wrong, keeping a reasonable distance apart is best practice. Anticipation looking out for others is your best safety harness.

My 2c

Most important thing to remember :

There are rules on the road which everyone is supposed to know to get a licence.
There are still crashes everyday.

There are rules on the water that boats are supposed to know,but as seen recently,there are still crashes .

hahahah!
What's your problem Hoop ??

I am posting relevant and logical facts,yet you come out with crap like that !

trying to have a serious discussion about safety here.
Once again ,what's your problem?

It can't be anything to do with this discussion !

Had a fight with your boyfriend ? What ?

mr plod said...

not sure what the issue is here. If your sailing in the surf, the rider on the way out has right of way. end of story.

and there lies the problem.

for some reason, (and i'm not saying its right or wrong), kiters follow the rule of whoever is riding down the line of a breaking wave has right of way; if you are kiting out through the break and it looks like you will interfere with someone waveriding, you gybe out of there or go well down the line and out of the way.

if i come across a windsurfer trying to get out through the waves when i'm riding a wave i will always give them room because i have more speed and space to manouver, which seems to be the rule poleys follow.

but many kiters don't realise that we all follow different rules, and that's how a lot of altercations occur.

things need to be standardised, one way or the other. and as much as i hate to say it, poleys have been waveriding longer so we should follow their code.

stamp said...

mr plod said...

not sure what the issue is here. If your sailing in the surf, the rider on the way out has right of way. end of story.

and there lies the problem.

for some reason, (and i'm not saying its right or wrong), kiters follow the rule of whoever is riding down the line of a breaking wave has right of way; if you are kiting out through the break and it looks like you will interfere with someone waveriding, you gybe out of there or go well down the line and out of the way.

if i come across a windsurfer trying to get out through the waves when i'm riding a wave i will always give them room because i have more speed and space to manouver, which seems to be the rule poleys follow.

but many kiters don't realise that we all follow different rules, and that's how a lot of altercations occur.

things need to be standardised, one way or the other. and as much as i hate to say it, poleys have been waveriding longer so we should follow their code.

i agree, when windsurfing moved into the waves back in the 70s the basic drop in rules for surfing were adopted. the sailors didnt make up new rules and expect the surfers to adapt. i cant understand why the kiters did it any differently, is there any partcular reason, can any kiters explain?

Mark _australia said...

mr plod said...

not sure what the issue is here. If your sailing in the surf, the rider on the way out has right of way. end of story.

Good luck with that

who has more options to avoid cllision, the guy planing on the wave or the guy dogging out sinking up to his waist?

Just so that the polies are aware, none of the kiters seem to like User either.

It's pretty bad when you've got narrow-minded people like this bloke representing our sport...or even associated with a wind sport...a bit like a cyberspace version of the windsurfing bloke, Angel. Poor form.

Good topic though...
It's a matter of common sense at the end. The kiter seems proficient enough to be able recognise a possible collision yet continued at a decent speed. I think the kiter's rules (person on wave has right of way) is based on surfing but is flawed in this arena. It's a lot harder for a windsurfer to gybe in front of wave (especially in lighter winds) than a kiter.
IMO windsurfer has right of way

Maybe we all (Windsurfers and Kiters) should designate anyone who doesn't know the
basic rules as a Kook.

That way you'd be shunned if you didn't know the easy to learn Right of Way rules.

No one wants to be a kook, and if they at least know the rules everyone will be alot
safer, even if they are a learner on their craft.

I reckon its more kook-ier having a crash and destroying your toys like an idiot,
since you don't know basic rules, then a few falls learning.