Wednesday, April 1, 2009

Navigational Rules and Regulations

Rule 1: Application (International)
(a) These Rules shall apply to all vessels upon the high seas and in all waters connected there with navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbors, rivers, lakes, or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.

(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any State with respect to additional station or signal lights, shape or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights or shapes for fishing vessels engaged in fishing as a fleet. These additional stations or signal lights, shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light, shape, or signal authorized elsewhere under these Rules.

(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound signaling appliances, such vessel shall comply with such other provisions in regard to number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound signaling appliances, as the Government shall have determined to be the closest possible compliance with these Rules in respect to that vessel.

Submarines may display, as a distinctive means of identification, an intermittent flashing amber (yellow) beacon with a sequence of operation of one flash per second for three (3) seconds followed by a three (3) second off-period. Other special rules made by the Secretary of the Navy with respect to additional station and signal lights are found in Part 706 of Title 32, Code of Federal Regulations (32 CFR 706).

Rule 1: Application (Inland)
(a) These rules apply to all vessels upon the inland waters of the United States, and to vessels of the United States on the Canadian waters of the Great Lakes to the extent that there is no conflict with Canadian law.

(b) (i) These rules constitute special rules made by an appropriate authority within the meaning of Rule 1(b) of the International Regulations.
(ii) All vessels complying with the construction and equipment requirements of the International Regulations are considered to be in compliance with these Rules.

(c) Nothing in these Rules shall interfere with the operation of any special rules made by the Secretary of the Navy with respect to additional station or signal lights and shapes or whistle signals for ships of war and vessels proceeding under convoy, or by the Secretary with respect to additional station or signal lights and shapes for fishing vessels engaged in fishing as a fleet. These additional station or signal lights and shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light, shape or signal authorized elsewhere under these Rules. Notice of such special rules shall be published in the Federal Register and, after the effective date specified in such notice, they shall have effect as if they were a part of these Rules.1

(d) Traffic separation schemes may be established for the purposes of these Rules. Vessel traffic service regulations may be in effect in certain areas.

(e) Whenever the Secretary determines that a vessel or class of vessels of special construction or purpose cannot comply fully with the provisions of any of these Rules with respect to the number, position, range, or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, the vessel shall comply with such other provisions in regard to the number, position, range, or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as the Secretary shall have determined to be the closest possible compliance with these Rules. The Secretary may issue a certificate of alternative compliance for a vessel or class of vessels specifying the closest possible compliance with these Rules. The Secretary of the Navy shall make these determinations and issue certificates of alternative compliance for vessels of the Navy.

(f) The Secretary may accept a certificate of alternative compliance issued by a contracting party to the International Regulations if he determines that the alternative compliance standards of the contracting party are substantially the same as those of the United States.

Submarines may display, as a distinctive means of identification, an intermittent flashing amber (yellow) beacon with a sequence of operation of one flash per second for three (3) seconds followed by a three (3) second off-period. Other special rules made by the Secretary of the Navy with respect to additional station and signal lights are found in Part 706 of Title 32, Code of Federal Regulations (32 CFR 706).

Comments Rule 1
The U.S. Inland Rules and the International Rules are about the same, waters are subject to one or the other, but not both, but in quite a few cases the Rules are the same. The boundary between them is called the "COLREGS Demarcation Line." These lines are described in Federal Regulations and are shown on all applicable charts. There are areas of U.S. waters that could be thought of as inland along the northeast coast, and Puget Sound, but are subject to the International Rules.

Both the International and Inland Rules have some exceptions and special provisions for naval vessels. The Inland Rules also prescribe a special light for submarines due to their large bulk that is underwater and out of sight, this is an amber (yellow) all-round light flashing three times at one-second intervals, followed by a dark interval of three seconds.

Rule 2: Responsibility
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
Comments Rule 2
This is sometimes called the "Rule of Good Seamanship" this Rule first states that all the Rules must be complied with, and the practices of good seamanship be followed. But it then goes on to say that there may be "special circumstances." Its intention is to apply common sense to the interpretation and application of the Rules, and to prevent any misunderstanding of the Rules to avoid the consequences of their misapplication. It recognizes that a departure from the Rules may be required to avoid immediate danger. There may be special situations where a departure from the Rules is required. Should a collision result, compliance with the Rules may not be a defense.

Rule 3: General Definitions
(a) The word "vessel" includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.
(b) The term "power-driven vessel" means any vessel propelled by machinery.

(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(d) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability.

(e) The term "seaplane" includes any aircraft designed to maneuver on the water.

(f) The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel.

(g) The term "vessel restricted in her ability to maneuver" means a vessel which from the nature of her work is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel. The term "vessels restricted in their ability to maneuver" shall include but not be limited to:

1. A vessel engaged in laying, servicing, or picking up a navigational mark, submarine cable or pipeline.
2. A vessel engaged in dredging, surveying or underwater operations.
3. A vessel engaged in replenishment or transferring persons, provisions or cargo while underway.
4. A vessel engaged in the launching or recovery of aircraft.
5. A vessel engaged in mine clearance operations.
6. A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

(h) The term "vessel constrained by her draft" means a power-driven vessel which because of her draft in relation to the available depth and width of navigable water is severely restricted in her ability to deviate from the course she is following.

(i/h) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

(j/i) The words "length" and "breadth" of a vessel mean her length overall and greatest breadth.

(k/j) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.

(l/k) The term "restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms or any other similar causes.

(l) "Western Rivers" means the Mississippi River, its tributaries, South Pass, and Southwest Pass, to the navigational demarcation lines dividing the high seas from harbors, rivers and other inland waters of the United States, and the Port Allen-Morgan City Alternate Route, and that part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternate Route including the Old River and the Red River.

(m) The term "Wing-In-Ground (WIG) craft" means a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilizing surface-effect action.

(m) "Great Lakes" means the Great Lakes and their connecting tribuatary waters including the Calumet River as far as the Thomas J. O'Brien Lock and Controlling Waters (between mile 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between mile 321 and 322), and the Saint Lawrence River as far east as the lower exit of Saint Lambert Lock.

(n) "Secretary" means the Secretary of the department in which the Coast Guard is operating.

(o) "Inland Waters" means the navigable waters of the United States shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers and other inland waters of the United States and the waters of the Great Lakes on the United States side of the International Boundary.

(p) "Inland Rules" or "Rules" mean the Inland Navigational Rules and the annexes thereto, which govern the conduct of vessels and specify the lights, shapes, and sound signals that apply on inland waters, and

(q) "International Regulations" means the International Regulations for Preventing Collisions as Sea, 1972, including annexes currently in force for the United States.

Comments Rule 3
There are four of these definitions that are important to operators of small boats. The Rules are written in terms of "vessels," and this means all watercraft regardless of size. A rowboat, recreational boat, fishing boat, a cruise ship, or tanker, these are all "vessels" as far as the Navigation Rules are concerned. Common sense and good judgement should be applied in situations such as right of way, but no small boat is excused from compliance with the Rules.

A "sailing vessel" has this status only if it is not using mechanical propulsion. Even if the sails are up and being used, if the engines are running it is a "power-driven" vessel and does not have the special privileges of a sailboat.

A sport-fishing boat with trolling lines out is not considered a "vessel engaged in fishing" with a special status and privileges. These lines are not considered a restriction in her ability to maneuver.

Note: Remember the term "underway" even when you are just drifting you are still underway as far as the Navigation Rules are concerned. A vessel that is drifting is sometimes described as "underway with no way on."
 
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