Wakesurfing = Negligent Boater Operation???

On the 4th of July I got pulled over for "Negligent boater operation" while wakesurfing. I got a verbal warning from the deputy. He says that the county prosecutor says that it is no longer legal.
So, I went to the local TV station and they did a story on it. Here is the link to the story.
http://www.klewtv.com/news/26012319.html
I'm going to try to get an interview with the prosecutor to see what can be done. Any ideas?
Mike Larson

Wasn't there already legislation done in Idaho a while back? At least we have some media coverage. Looks like I'm gonna be busy the next few days, however I look forward to it

Unfortunately, the negligent operations code seems to be what they will continue to ticket us on since they have no other ways to do so.

Michael, I will try and contact you through your profile, however, if you do see this, please email me at
htxsurf at gmail dot com

I would like to help you out with this matter. We have plenty of information that we can provide you regarding CO and other issues. Sorry to hear about your ticket, but I think it great to see you taking a stand!

Brian

F**k the cops, always ruining all the fun.... cant they ever just kick back and have a beer.....$h*t

Tyler, I'm going to have a very fun phone call tomorrow with the BLA in Idaho. There have been plenty of federal studies done on the CO issue, which by the way, is not an issue, except for maybe the first fe seconds while you are sitting before you get pulled up. I will also be emailing Larry for some assistance. This can be overturned if we approach it properly and do things right.

good, im glad someone has our backs.... Time to take over and not give into what ever the popo says.... Ride on bro...

Hey Brian,
I spoke with my attorney daughter, she said that it might require going to trial. They would have to prove that what was being done ( wakesurfing) was negligent. They would have to prove that people have been harmed or died while wakesurfing. I don't think they can prove that. I will continue to research the issue. AWSA will help in any way possible as well.

I dont think anything is going to trial since he said he just got a "verbal warning".

But I'm all for raising awareness. We already have too many laws. You do one thing wrong, and you can get charged with 20 crimes it seems like!

C.R. I kno what you mean, cops hate ppl with X-80's too, seems like the bigger, nicer boat i get, the more they want to f*(k with me..

That's frustrating because the claims that they are making in that news report are just out and out false. You have to have the right information before you can make a stinkin' law about something....

Hopefully someone can kindly educate them on the matter

yeh its something fun..... look out better make it illegal

Michael,

The following items should help you with regard to the CO issue. As pointed out, the prosecutors conclusion that there have been numerous instances of CO poisioning from wakesurfing is patently false. I understand that Sheriff and the Prosectutors office only wish to safeguard their constituents, in this situation I am of the opinion that they have been misinformed.

http://www.boatpipes.com/Reports/USCG-NIOSH-FAE_report.pdf

http://www.boatpipes.com/FAE%20Carbon%20Monoxide%20Report.jsp

http://www.boatpipes.com/Reports/Report%20171-05ee2.pdf

http://www.boatpipes.com/Reports/Echt%20171-31a%20final%20report(7-17).pdf

NASBLA is the National Association of State Boating Law Administrators and they promulgate language that is used by many states, verbatim. In the boat-towed watersports safety model law, there is a preface that specifically recognizes the safety of wakesurfing. This organization is composed of representative of all of the states and so Idaho would be in a minority for not recognizing that wakesurfing is a safe sport, when done with adequate safeguards, as you practice routinely.

http://www.nasbla.net/pdf/Model%20Acts/new/Safe%20Practices%20for%20Boat-Towed%20Watersports%20-%20Model%20Act.pdf

The pertinent preface is below:

"This act was originally adopted by the membership of the National Association of State
Boating Law Administrators on Oct. 29, 2003. However, an original provision
prohibiting the use of a tow rope of 20 feet or less would have precluded the popular
sport of wake surfing. In response, during 2004, the NASBLA Committees on Law
Enforcement and Boats and Associated Equipment revised the language and narrowed
the act to apply to teak surfing and body surfing – water sports that pose potential
dangers to the participant both because of proximity to the boat’s propeller and because
of the possibility of carbon monoxide poisoning. The amended act was approved by the
membership on Sept. 15, 2004."

As Dennis points out, should your meeting with the Sheriff and Prosecutor not go well, the next step would be in court. It would seem to me that Civil Disobedience would be the best course of action, meaning that you prepare for court, call the papers, TV station AND the Sheriff and tell them exactly what you will be doing. In your discussion with the Sheriff, and this is done with the utmost respect, you basically schedule a time to get ticketed. However, do NOT do this until you have all of your ducks in a row.

Please keep us posted.

I Just got back from my meeting with the prosecutor. Very good news. We talked for an hour or so about how wakesurfing is done, what are the safety concerns & why is the deputy enforcing this statute.
We went outside & looked at my boat and the position of the prop. She had read about the fresh air exhaust. I gave her the documentation on CO poisonings (or lack therof) and the model safe boater act. She put it in her wakesurfing file.
She seemed most interested in looking at the law as is stands now and how wakesurfing could be considered negligent. She mentioned that the only way it could be negligence is if somehow the operator of the boat knew that wakesurfing was inherently dangerous and continued to do it.
We talked about the motivation of the officer. She wondered aloud if there were some politics coming from the local parks & rec or corps of engineers wanting the deputy to "ENFORCE, ENFORCE, ENFORCE". Thinking this deputy is just a "pawn"
She asked everyone in her office if there was some direction given to the deputy to prevent wakesurfing. None of her co-workers knew of any.
She said if a ticket of this type came across her desk she would dismiss it because there was no way to prosecute it.
She also said if somehow I did get a ticket and it went before a judge that I should ask for a jury trial and it most certainly would get thrown out.

She has set up a meeting with the deputy to get the skinny.

Since this story aired on the TV station she has received many calls about it. One call was from another sheriffs deputy who just purchased an inboard boat specifically for wakesurfing.

Overall, the meeting went really well. I feel vindicated and that things will be resolved in my favor. Personally, I think the officer took it upon himself to enforce something he felt was dangerous. Not against the law.

I'm reminded of a quote my friend often uses
"All it takes for the forces of evil to rule this world, is for enough good people to do nothing."

I hope to report that in the next week or so this officer will no longer be enforcing the wakesurfing ban.

Thanks for your help and research on this matter. It helps alot to have this information consolidated and ready to use.

Surf on...

Awesome Michael!!!! I guess you had them so busy that I never got my call returned today! Haha! Glad to hear that things went well and in your favor! I am super stoked!

Wow, nice work.

I can't fault the officer for trying to do his job, but it certainly sounds like he was making things up when he said the prosecutor told him to do it.

That's great news about the possible changes in Lewiston. I live in Coeur d' Alene area and we make a trip down to the river every year to surf my wife's old stomping grounds. Thanks for your work!