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Boater Safety Reminder - Keep a Proper Lookout
Vande Castle, S.C. • May 29, 2018
It’s boating season again. And it is time for a safety reminder.
Rule 5 of the International Regulations for Preventing Collisions at Seat (“COLREGS”) expressly requires that “(e)very vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” This is the first rule of seamanship.
Modern technology has made vessels nearly autonomous. Those technological advancements do not relieve the vessel owner / operator from the Rule 5 requirement that proper lookout be maintained at all times. Simply relying on these devices, even Automated Identification Systems (AIS), is not sufficient.
Please keep our waterways safe and enjoyable for all.
Please do not drink and drive. An OWI Citation can ruin your life!- It will cost you thousands of dollars in court costs, fines and legal fees.- It will increase your insurance rates if you can find insurance coverage.- You could lose your job.- You may be required to install, at your cost, an ignition interlock device ("IID") on your vehicle that essentially requires you to take a breathalyzer test everytime you attempt to start your vehicle.It's not worth it. Don't drink and drive. Use a designated driver or a ride share service instead.
It’s boating season again. And it is time for a safety reminder.Rule 5 of the International Regulations for Preventing Collisions at Seat (“COLREGS”) expressly requires that “(e)very vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.” This is the first rule of seamanship.Modern technology has made vessels nearly autonomous. Those technological advancements do not relieve the vessel owner / operator from the Rule 5 requirement that proper lookout be maintained at all times. Simply relying on these devices, even Automated Identification Systems (AIS), is not sufficient. Please keep our waterways safe and enjoyable for all.
A court may enter a default judgment against a defendant that fails to appear “upon due proof of facts which show the plaintiff entitled thereto.” WIS. STAT. § 799.22(2). A court “may, by order, reopen default judgments upon notice and motion or petition duly made and good cause shown,” as long as the notice of motion is made within twelve months after entry of the judgment. WIS. STAT. § 799.29(1)(a) - (c). However, the Wisconsin Court of Appeals found that cold weather was not a valid reason for failing to appear in person for the hearing. The agreed temperature on the date that the defendant failed to appear was -25 degrees.Byrd v. Hoeft, Wisconsin Appeal No. 2017AP46
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2015 Wisconsin Act 126 amended and modified Sec. 77.54 of the Wisconsin Statutes to create a new exemption from the State sales tax. New Section 77.54(9m), Stats., now exempts the price of materials sold to a construction contractor who is purchasing those materials for use in the construction of a structure owned by a municipality or other governmental body from the state sales tax. This new state statute also applies the state sales tax exemption to any non-profit corporation, community chest fund, foundation or association organized and operated exclusively for religious, charitable, scientific or educational purposes, or for the prevention of cruelty to children or animals.This legislative change will have a significant impact on contractors who work with governmental organizations or non-profit organizations. This legislation took effect on January 1, 2016. If you have any questions regarding the application or operation of this new legislation please contact Attorney William Vande Castle.
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