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Does the Balboa Ferry Always Have the Right of Way?

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I sail out of Newport Beach and I spend a lot of time cruising through Newport Harbor. I frequently encounter the Balboa Ferry on its regular run from the Peninsula to Balboa Island, and it seems like I am in collision avoidance mode every time I get near those boats. Can you explain how the Rules of the Road work when a recreational sailboat operates near a ferry? Most boaters who operate recreational vessels in Newport Harbor have been advised at one time or another to stay clear of the Balboa Ferry. This is probably good advice — but, in fact, the ferry has no special right-of-way privilege. The Balboa Ferry is a power-driven vessel that is not constrained by its draft nor restricted in its ability to maneuver, and as such it is required to give way to a sailing vessel under most circumstances. Further, under most circumstances, it is treated like any other power-driven vessel when determining the right of way with another powerboat in a crossing or overtaking situation. This is similar to the treatment of Catalina Express or Aqualink boats in Long Beach or a thousand other ferries around the country. The folklore concerning the Balboa Ferry’s...
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