General Rule #2 - Responsibility

This Rule is the same under both the 72 COLREGS and the Inland Navigation Rules and is as follows:  

"A - Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, 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."

First and foremost, we need to remember that the Rules of the Road were designed and written to prevent collisions at sea. 

Rule #2 is known as the rule of responsibility and good seamanship. The first part clearly states that there will be no exoneration for mariner or owner who irresponsibly fails to comply with the Rules, fails to take any normal seamanlike precaution or fails to take into account any special circumstances evident. The second part of the Rule again mentions special circumstances, along with other general factors that might make a departure from the Rules necessary, that is, to avoid immediate danger.

To quote from Farwell's Rules of the Nautical Road, "In effect, Rule #2 enjoins all to know and use the Rules but warns against too rigid an interpretation. For it is the responsibility of mariners to take all seamanlike precautions in all situations, including those of "special circumstances" and, when necessary to avoid danger, to take additional measures not included in the Rules, or in some cases, to depart from the Rules altogether. For the Rules offer practical advice and instructions to mariners faced with particular problems; they are not strict rules to be applied literally come what may. Moreover, the courts have always taken an open approach to the Rules, construing them in the light of the prevailing circumstances whether they are special or not."

In summation, Rule #2 states that you must follow the Rules but at the same time, don't hide behind them thinking they will exonerate you in the event of a collision. Remember, the objective is to avoid collisions at sea not to blindly follow a rule book.

I hope this information has been helpful and I invite your questions and comments. Our next blog will focus on Rule #3 and #18 which cover general definitions and the responsibilities between vessels. If you are searching for a great web site for boat supplies, equipment and accessories, please visit our on-line store at www.AmericanMarineSupply.com 

Respectfully,

Charles Morris

President and USCG Master - American Boat Captains, LLC