Windsurfers and kitesurfers are considered "sports equipment" in Germany. Windsurfers and kiters have equal rights and give way to each other according to the following rules:
Starboard gives way to port
If your sail is on the right-hand side as viewed in the direction of travel, you are surfing on starboard bow. With the sail on the left-hand side, you are surfing on the port side. If two surfers are travelling towards each other, the rule is "starboard gives way to port". For practice on the water, the rule of thumb is: "Right hand on the mast is right". So if someone comes towards you and your right hand is in front of the mast (sail on the left side of the board, to port), you have right of way.
Windward gives way to leeward
If both surfers are travelling on the same bow, i.e. both have the sail on the same side and therefore the same hand on the mast, a different rule must apply. As the surfer further downwind is usually less able to see the surfer to windward than vice versa, he has right of way and the surfer to windward must give way.
The overtaking car swerves
If you want to overtake, you move into the overtaking lane - this is not only the case when driving a car. If the situation allows, it makes more sense to overtake on the windward side to avoid getting stuck in the slipstream of the vehicle in front.
Kiters, boats, ships - when does a windsurfer have right of way?
As a windsurfer, you are usually in the company of many other water sports fans at the hotspots. On the North Sea and Baltic Sea, within the 3 nautical mile zone in Germany, the German Maritime Traffic Regulations (SeeSchStrO) apply, according to which kitesurfers are subject to the same regulations as windsurfers, i.e. the aforementioned rules apply. Sailing boats generally have right of way over "sports equipment" such as windsurfers and kites due to their status as "sailing vessels", even if this is not obvious at first glance.
It sounds obvious that you have to give way to swimmers, but the regulation in the motorsport country of Germany is downright absurd with regard to motorboats: with the change in status of windsurfers from "sailing vessels" to "sports equipment" enforced by the Ministry of Transport in 1998, windsurfers must always give way to motorboats within the scope of the SeeSchStrO. If this is not possible, e.g. due to poor wind conditions, the general duty of care naturally also applies to boats - a motorboat driver must therefore not stubbornly insist on his right and accept an accident. On lakes and rivers in Germany, regulations vary greatly from region to region and it is best to enquire about them locally. Internationally standardised regulations, on the other hand, govern the right of way for commercial shipping such as ferries, excursion steamers, freighters or liners - surfers, kiters and sailors are generally obliged to give way here!
Evasion - when and where?
If you have the right of way, you are obliged to stay on course and should therefore initially maintain your own course. Only if the surfer who is obliged to give way clearly disregards the rules or does not know them should you relinquish your right of way and change your course or, if necessary, drop the sail into the water. If you have to take evasive action yourself, you should always change course clearly and in good time and not take a "lurching course". There is no general rule as to where surfers should take evasive action - depending on the situation, you have to decide what makes the most sense. However, the following always applies: Sufficient distance is important, especially in strong winds - at least two mast lengths are recommended. If possible, it is best to avoid kitesurfers to windward to avoid accidents with the long lines.
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Manuel Vogel
Editor surf
