Re: Questions : Kayaking with Boats present

"Red" <sailing@[EMAIL PROTECTED]
> wrote...
> >In context, there is a serious flaw in your "duty to retreat"
> argument:  A kayaker is ABSOLUTELY UNABLE to "retreat" from a powerboat!
 All 
> he can do is <snip>
>
> There is another possible flaw here, in some (most? all?) states your
boat 
> may be recognized *as* your own home when you are aboard, and some
people 
> live aboard their boat as a primary residence. Also, even in states that

> require you to "retreat", there are usually extenuating cir***stanses
that 
> may be recognized as legal allowing you to stand if you cannot, for one 
> reason or another, retreat without futher endangering your life.

Indeed, the laws as well as the perceptions change significantly when you 
transition from kayak to sailboat or powerboat.  Also, laws are in a
constant 
state of flux as court decisions contradict or modify current law as to
the 
definition of a "home" in the context of a boat or RV.  While the case of
a 
liveaboard or a RV driver on extended vacation is more clear, a kayak
(context 
of OP's original question) would almost never be considered a "home," even

though it is legally recognized as a "vessel."