Tuesday, April 7, 2009

Conduct of Vessels in Sight of One Another

Rules in this section apply to vessels in sight of one another.

Rule 12 Sailing Vessels
(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

When each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other. When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. If a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.

(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.
The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

Comments Rule 12
In considering the status of two vessels coming into a situation where danger of collision might exist, the Navigation Rules now use the terms "stand-on" and "give-way." The terms "privileged" and "burdened" are no longer in the Rules. Also the term "right-of-way" for one vessel over another does not appear anywhere in either set of Rules.
This Rule requires that a sailing vessel that cannot determine whether or not she should keep out of the way of the other must assume that she should and act accordingly. This is an excellent consideration for any situation of two vessels of any type or size meeting each other.

Rule 13 Overtaking
(a) Notwithstanding anything contained in the Rules [of Part B, Sections I and II / 4 through 18], any vessel overtaking any other shall keep out of the way of the vessel being overtaken.

(b) A vessel shall be deemed to be overtaking when coming up with a another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

Comments Rule 13
The zone in which a vessel is deemed to be "overtaking" is the same as that defined for the arc of visibility of the overtaken vessel's sternlight. A vessel coming up astern of a slower vessel is considered to have greater maneuverability and is the "give-way" vessel. She must take appropriate action until she is finally past and well clear of the overtaken vessel.

Although not a part of this Rule, it is required that an overtaking vessel indicate its desire to pass with a whistle signal and get the consent of the overtaken vessel to be passed, Note Rule 34(c). This is required by the Inland Rules for all waters, but by the International Rules only in a narrow channel or fairway. Many vessels use the VHF radio usually on Channel 13, instead of whistle signals, which are "I will pass you on one whistle or two whistles if that agrees with you." (Note Rule 34(h).

Rule 14
(a) Unless otherwise agreed when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.

(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and or both sidelights and by day she observes the corresponding aspect of the other vessel.

(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.

(d) Notwithstanding paragraph (a) of this Rule, a power-driven vessel operating on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate.

Comments Rule 14
Meeting is defined as "head-on or nearly head-on, their have been cases where courts have accepted as meeting situations where each vessel was in a forward arc of not greater than one point (11 1/4°).

Meeting is a more urgent matter than overtaking because the rate of closure is the sum of the speed of each vessel not the difference. If a vessel is in any doubt that in a meeting situation, she should assume that it is and act accordingly, steering to the right. Neither vessel is "stand-on" or "give-way" both have responsibilities. This Rule applies only to power-driven vessels meeting other power-driven vessels, a meeting of a power-driven vessel with a sailing vessel is not covered. Meetings are normally "port-to-port," but the Inland Rules do allow for deviation if agreed to by both vessels this is likely to occur in rivers and channels.

Rule 15
When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

(b) Not with standing paragraph (a), on the Great Lakes, Western Rivers, or water specified by the Secretary, a power-driven vessel crossing a river shall keep out of the way of a power-driven vessel ascending or descending the river.

Comments Rule 15
If the situation between two vessels encountering each other does not fit the definitions of overtaking or meeting, then it must be "crossing." For this Rule to be applicable, there has to be a "risk of collision" no risk no need to apply the Rule, but it is better to be safe than sorry.

This is the Rule that has led to the principle of a "danger zone," from dead ahead to two points (22 1/2°) abaft the beam on the starboard side the same arc as covered by the green sidelight. If you see another vessel in your danger zone, with risk of collision, you must yield to her and take action. This only applies too visual contacts, if you see another vessel by radar, then Rule 19 takes over.

Note that Inland Rule 15(b), applicable in specified, but not all, inland waters, requires that a power-driven vessel crossing a river keep out of the way of another power-driven vessel going either up or downstream. There is no consideration of the relative maneuverability of the vessels, nor of which has the other on its starboard side. There is no corresponding International Rule. In October, 1996, Inland Rule 15(b) was changed. It now applies only to a power-driven vessel crossing a river. There is no corresponding International Rule.

Rule 16 Action by Give-way Vessel
Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

Comments Rule 16
Having stated in Rules 12 through 15 which sailing or power-driven vessel must give way to another vessel in various situations, this Rule now says how the give-way vessel must act. Early action will not only lessen the danger of collision, but will also be more apparent to the operator of the stand-on vessel.

Rule 17
Where one of two vessels is to keep out of the way, the other shall keep her course and speed.
The latter vessel may however take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.

(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

(c) A power-driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.

(d)This Rule does not relieve the give-way vessel of her obligation to keep out of the way.

Rule 18 Responsibilities Between Vessels
(a) A power-driven vessel underway shall keep out of the way of:
a vessel not under command
a vessel restricted in her ability to maneuver
a vessel engaged in fishing
a sailing vessel

(b) A sailing vessel underway shall keep out of the way of:
a vessel not under command
a vessel restricted in her ability to maneuver
a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:
a vessel not under command
a vessel restricted in her ability to maneuver

Any vessel other than a vessel not under command or a vessel restricted in her ability to maneuver shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draft, exhibiting the signals in Rule 28. A vessel constrained by her draft shall navigate with particular caution having full regard to her special condition. A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances where risk of collision exists, she shall comply with the Rules of this Part.

(i) A WIG craft shall, when taking off, landing and in flight near the surface, keep well clear of all other vessels and avoid impeding their navigation.

(ii) a WIG craft operating on the water surface shall comply with the Rules of this Part as a power-driven vessel.

Comments Rule 18
These lists called the "pecking order" between various types of vessels for situations not involving narrow channels, Traffic Separation Schemes, and the overtaking Rule.

A vessel "not under command" is usually one that has suffered a loss of propulsion or steering control. A vessel "restricted in her ability to maneuver" would be a dredge, one laying an underwater cable, a Coast Guard vessel servicing an aid to navigation, etc.

(1) A vessel under sail does not have the privileges of that category if she is also being propelled by machinery and, (2) a sport-fishing boat with trolling lines out is not a "vessel engaged in fishing."

International Rule 18(e) and Inland Rule 18(d), in practical terms, apply to a seaplane taxiing on the water. Such aircraft, when taking off and landing, are unable to maneuver to keep clear of vessels.
 
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