Regarding one’s wake, vessels over 1600 Gross Tons (GT) are specifically required by 33 CFR 164.11 to set the vessel’s speed with consideration for…the damage that might be caused by the vessel’s wake. Further, there may be State or local laws which specifically address “wake” for the waters in question.
While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property (46 USC 2302). Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (Rule 2), which, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.
As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or State Boating Law Administrator.
