Josh Rosenbaum and Fred Moffatt were one of the teams that participated in the youth multihull championship recently held at Fort Walton Yacht Club up in the Florida panhandle. In one of the pre-regatta practice races, they had a collision with a personal watercraft. Here is Josh's account:
"The winds were blowing around 15 mph, with gusts of around 18 mph which makes the Hobie 16 quite a handful. Fred and I zipped around the small bayou sailing area, when at the top of the area we saw a group of five Jet Skis coming for us at full speed. Two Jet Skis veered off to the right and two off to the left to avoid us and the middle Jet Ski came right for us at full speed. This Jet Ski was being driven by a middle aged woman with a small child on her lap. The woman was driving the Jet Ski at full speed while looking over her shoulder. She came nearer and nearer. Fred shouted, screamed, cussed and I turned the boat away as hard as I possibly could and WHACK! Fred and I were both on the trapeze when we got hit. Fred flew forward and my ankle was caught in between the Jet Ski and our port hull. Luckily, I moved my foot about three inches. If I had not moved my foot, it would have been crushed instead of just bruised. The Jet Ski impacted our boat at the stern and left a nice size crunch. We sailed back to the beach and the Jet Ski came back too as we waited for a law enforcement officer to show up. By this time, my ankle and heel were swollen up. The law enforcement officer, actually a Fish and Wildlife Officer, showed up and after interrogating, questioning, doing all of his legal stuff, he wrote both me and the Jet Ski lady a ticket! His reasoning to me for writing a ticket was that I did not take early enough action in avoiding the Jet Ski. When questioned as to what would be proper action, the officer responded with, 'You should avoid a Jet Ski the moment you see one.' Although we were faced with a ticket and the possibility of some bills for boat damage, the bottom line is that the situation could have been much more harmful if not fatal. I'm OK, Fred is OK, and the situation could have been much worse."
**** to me.
How the hell are you to avoid 5 jetskis coming right at you?
Sorry, but I would have bitched my butt off at that officer, not to mention the stupid lady on the jetski.
I hope Josh does not roll over and accept the ticket. Protest it and go to court! A simple reference to the basic rule of boating right of way should vindicate him based on this account.
I've got nothing against PWCs--I was on one today. The problem is the folks driving 'em.
I second that - go to court. The judges are much more aware of the rules and regulations than are our game warden folks. We sail frequently on a lake that shares a border between SC and GA. In SC, we do not need to register or carry registration numbers on our boats. In GA you do. I had a friend sail across and a game warden came alongside them and after repeatedly demanding they lower their sail (my buddy kept trying to explain how difficult that is to do on a cat in the water) the warden wrote them a ticket because they weren't carrying registration numbers on their boat or a drivers license to prove they lived in SC. He went to court and it was immediately tossed out.
I hate douchebag officers like that whose only purpose in life is to ruin peoples' good time.
Glad I didn't put my boat in the water down in hartwell... I would have gotten a ticket even though my boat is titled in Maryland where it doesn't need to be registered.
Having lived in Pensacola, Ft. Walton and DeFuniak Springs and as a U.W.F. grad I can attest to the fact that law enforcement in Escambia, Walton and Santa Rosa counties, Florida is an embarassment beyond belief. In few other places of the U.S. are tickets so blatantly a way of raising revenue instead of the honest law enforcement tool that a citation should be.
You should take this one to court and make an articulate and logical statement that the motorcraft did not give way and was being operated in a reckless manner that endangered not only the crew on the sailboat but the child on the one-person watercraft. The court should know that in order to avoid PWC's in Choctawhatchee Bay, or on any body of the Miracle Strip's water, would simply keep a sailing craft at the dock or on the beach. Their is no way to avoid the constant rambling and mindless tracks of a PWC. The motorcraft was burdened to keep clear of the sailboat and was clearly being operated in a reckless manner. Even a Redneck Riviera judge should be able to render a better verdict than the one you received at the beach. The Fish and Game officers are only good for measuring and counting fish. Water right-of-way rules might as well be calculus to them. Next time, call the Coast Guard from the Yacht Club.
It's sad that our society has become so suit-happy but my opinion is that you have a case that could be a head's up warning to boaters not paying attention on the water and you are certainly owed for the injury to yourself and your boat.
You should call the Daily News and tell them what the officer told you. Ask them to call the Coast Guard for what should have been done.
The beaches from Panama City to P'cola are my favorite sailing waters.
Sorry about the slam to the panhandle but some parts of life are pretty dumb up there. To wit: My wife and I were at Grayton Beach for about an hour this past May. We quickly tired of dodging pickups and SUV's being driven on the beach. We dared not spread our picnic on the sand. While we were there trying to decided whether to stay or go home, a Walton County Sheriff's deputy was attempting to locate the owner of a white Hobie 16 that had been pulled up onto the shoreline (not in a designated swimmmer's area). The officer was incensed that the boat was blocking traffic! At the risk of being hauled into the pokey in DeFuniak I told her that was the stupidest thing I had ever witnessed in law enforcement.
I hate to say it, but, if I were you I'd find an attorney...that owns a sailboat.
I doubt if Josh will be taking it to court. He lives in Miami, and it's about a 12-hour drive to Ft. Walton. Plus, he's a teenager. I think Jamie Livingston drove Josh and Fred and another team up to the Youth Championship.
We are working on collecting statements from witnesses of the accident to send to the court to fight the ticket. This way I can aviod driving 10 hours to show up in court. Jamie Livingston drove Fred and I and two other teams as well. He has also been a great help with this whole situation.
How much money is it going to take to fix the cat? Did the Dumbass have insurance to cover your damage? Get the ticket dropped (should be an open & shut case) and then get your insurance to go after their insurance. This dumass should be held liable for damage incured on your boat from her being an idiot. Uhhhhgggggg not to mention that I can't stand a stupid butt law inforcement person. Nothing is more scarey than a dumass with an attitude that carries a badge and gun. God help us all. Sail On.,.,.,.,~`~`~`~`~`~ _/)
THIS IS ANOTHER GOOD REASON WHY I DON'T SAIL OFF THE FWYC IN THE SUMMER. 
I'd rather drive out of town then face the stupidity of boaters and marine officials.
Bob
FWYC member