J-Mack cable ferry, California

[paulshaw1950]

CalTrans owns and operates one cable ferry. It's across a navigable waterway called Steamboat Slough, which is part of the delta connected to the Pacific Ocean via the San Francisco Bay. Steamboat Slough is no more than 100 yards across, and the ferry trip takes about three minutes. It is often unmanned due to lack of staff or mechanical breakdowns. The cable is attached to a chain on each shore and is a fixed length.
The understood rules for passing over the cable are pretty simple. When the ferry is moving and the red light is flashing, don't pass. Even when it's not moving and the red light isn't flashing, pass over the cable in the middle of the channel and be afraid. I and my fellow boaters that use Steamboat Slough have been over it dozens of times without any problems. Until last month.
The ferry was tied up at its western landing and was unmanned. I was at idle speed of 3 knots when both props snagged the cable. I gently put the boat in reverse and got myself free of the cable, but hauling, inspecting and re-pitching the props came to $2,000.
I filed a claim against CalTrans alleging that the ferry wasn't operated in a safe manner, but they denied the claim stating in part that "The claim that we failed to operate the Ferry in a safe manner is nullified be (sp) the fact that the Ferry was unmanned which is stated by the claimant. The claimants (sp) props should have been off and in the raised position allowing their boat to safely cross towards the center of Steamboat Slough".
My boat is an inboard. Getting them in the raised position is really difficult for me. I need only about three feet of water to pass as you can see by the photo. Heaven forbid if mine was a sailboat. I would have been stuck for days.
I have spent hours looking for some kind of official United States regulation that specifies what the depth of a ferry cable must be when docked. Canada's ferry rules state that it shall be at the bottom of the body of water unless otherwise approved. I have to meet with a CalTrans employee soon to see if I can keep this out of the courts and I'm hoping that someone out there can steer me in the right direction to find the reference I need to show them why their denial is so fundamentally wrong.

[SailingHarmonie]

Something that might be of use is the description from the Coast Pilot:

Steamboat Slough enters Cache Slough about 1.8 miles above Rio Vista bridge. A cable ferry crosses the Steamboat Slough about 5 miles above the junction with Cache Slough. The ferry carries passengers and vehicles and operates 24 hours daily. When the ferry is underway, the cable is suspended below the water surface at varying depths. When the ferry is docked, the cable is about 5 feet below the surface of the water. Warning signs are posted at the crossing. When underway, the ferry shows flashing red lights. DO NOT ATTEMPT TO PASS A MOVING CABLE FERRY.

The catch here is that phrase, “about 5 feet below the surface of the water.” If it was my ferry, I’d start by arguing the 3 feet is “about” 5. If the judge rolls his eyes at that, you win!

[paulshaw1950]

That's funny. Thank you for your reply. I sure hope to keep this out of court. For $2,000. My understanding is that maritime law allows the winner to collect legal fees, but courts are so iffy. Maybe my judge will actually think that 3 feet is almost 5 feet. I'd like to think that 5 feet isn't deep enough anyway. There are some pretty big yachts and sailboats around here.
I found another travel blog that says the cable is 18 feet below the surface, and an official Coast Guard requirement that mandates any vessel operating in a navigable waterway that cannot comply with the standard maritime navigation rules must have their unique situation approved by the Coast Guard. I wonder if by maritime law, the cable is considered an actual part of the vessel?
CalTrans is under the California Department of Transportation. They have 20,000 vehicles and one cable ferry. I don't think there's a lot of brainpower applied to doing things by the book when it comes to the J-Mack Ferry. It's just a toy. The "official investigation" would be funny to read if it didn't involve me.

[SailingHarmonie]

Originally Posted by paulshaw1950

That's funny. Thank you for your reply. I sure hope to keep this out of court. For $2,000. My understanding is that maritime law allows the winner to collect legal fees, but courts are so iffy. Maybe my judge will actually think that 3 feet is almost 5 feet. I'd like to think that 5 feet isn't deep enough anyway. There are some pretty big yachts and sailboats around here.
I found another travel blog that says the cable is 18 feet below the surface, and an official Coast Guard requirement that mandates any vessel operating in a navigable waterway that cannot comply with the standard maritime navigation rules must have their unique situation approved by the Coast Guard. I wonder if by maritime law, the cable is considered an actual part of the vessel?
CalTrans is under the California Department of Transportation. They have 20,000 vehicles and one cable ferry. I don't think there's a lot of brainpower applied to doing things by the book when it comes to the J-Mack Ferry. It's just a toy. The "official investigation" would be funny to read if it didn't involve me.

The Coast Pilot is the "official" information available to boaters. If you think 5 feet is too little clearance for your boat, you have a problem. The official publication says that "about 5 feet" is ALL THE CLEARANCE you can expect. If you would not have gone that route knowing that, then the fault is on you.

Do not try to argue that 5 feet is not enough. If you do, you will lose. You SHOULD HAVE KNOWN that "about 5 feet" is all you could expect, because any sailor doing his due diligence would have read the Coast Pilot, which is very clear.

[paulshaw1950]

Ah...SailingHarmanie, you are wise, and correct. Thank you. Now I am a bit wiser...and a bit embarrassed.