In addition to CARs,
marine collision regulations also apply, and they treat seaplanes as vessels – section 1 (3).
Marine collision regulations 18 (a) seems to give right of way to the seaplane taking off:
A power-driven vessel underway shall keep out of the way of:
(ii) a vessel restricted in her ability to manoeuvre,
Marine collision regulations 18 (e) pulls in the other direction:
A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation.
Then there's 15 (a) which would put the blame on the seaplane in this particular case:
When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.
Then there's the air traffic controller, who allegedly warned the aircraft about the boat prior to takeoff. If that's true, sections 8 (f) (i) and 16 become relevant too.
Then there's section 8.23 of
Port of Vancouver Information Guide which prohibits pleasure craft from entering the designated seaplane zone:
The aircraft operations zones marked on the
chart are areas of high activity and
operators of recreational vessels or pleasure craft are required to keep clear.
So there are rules that put blame on the boater, AND on rules that put the blame on the pilot. The fault will likely be split. Disclaimer: not a lawyer, this is my personal understanding of the situation.
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The elephant in the room that isn't talked about much is the poor forward visibility in these aircraft on takeoff. I'm almost certain that in this case the engine cowling obscured the pilot's view of the boat. If you've seen
videos showing how many kids can you hide in front of a modern American SUV without the driver noticing, it's like that but worse.
This accident shows that even with an air traffic control tower, which Squamish won't have, operating seaplanes in a busy marine traffic area safely is very challenging, to say the least.
For our location, the only reasonable option is for seaplanes to taxi at normal speeds to the Darrel bay area, and take off from there. Over there, there's very little traffic, and waves are not as big as near Oceanfront beach. But they don't want to do it, because it takes more time and fuel.
Unfortunately for us, I think this accident raises the prospect of Transport Canada resuming legislative work on
NPA 2019-014 which would see more strict traffic separation (aka exclusion zones) for urban water airports like Squamish.
We will need strong advocacy to avoid being excluded from prime sailing locations. I am monitoring CARAC notices for air regulation proposals, but I do hope that Transport Canada will reach out to us prior to deciding on the new regulations. And I hope that "us" (the SWS?) will have someone fully dedicated to Oceanfront beach users interests at the time.