I am often asked as to what vessel has the "right of way" over another vessel. The correct answer is determined by understanding Rules 3 and 18. First, we must understand General Rule #3 - General Definitions. Note that the Inland Rules are slightly different from the International Rules.

Rule #3 - General Definitions: "For the purpose of these Rules and this chapter, except where the context otherwise requires:"

"A) The word "vessel" includes every description of water craft, including nondisplacement 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." Example: A power boat using an outboard, I/O or inboard motor or other type of machinery.

"C) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used." Meaning that a sail boat under power by using her motor, if fitted,  is not a "sailing vessel" it is a "power-driven vessel".

"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." Generally, a "vessel engaged in fishing" is a commercial vessel engaged in the collection of seafood. Your 50' Ocean equipped with a tall tuna tower and outriggers is not a "vessel engaged in fishing" as she is not restricted in her maneuverability...she is nothing more than a "power-driven vessel" out for a day of fishing. 

"E) The word "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." Examples would include power-driven vessels underway which have lost all engines and have no maneuverability.

"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." A few examples of a vessel restricted in her ability to maneuver include but are not limited to: Vessels engaged in underwater dredging, laying cable or pipe, USCG vessels working on Aids to Navigation, Vessels engaged in scuba diving operations having divers in the water and around the vessel. Towing vessels are considered power-driven vessels unless the towing operation severely restricts the towing vessel and her tow in their ability to deviate from their course, in that case, they would be considered a "vessel restricted in her ability to maneuver."

"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." One very important note; the term "vessel constrained by her draft" is not addressed under the Inland Rules. Under the Inland Rules, vessels may not claim the status of a "vessel constrained by her draft".

One additional defiinition I will discuss is the term "underway". Under the Rules, "underway" means "that a vessel is not at anchor, or made fast to the shore, or aground."  A vessel can be "underway" in two ways; underway and making way, or moving with power through the water, and underway not making way, as in a vessel dead in the water, adrift or sinking.

Now that we understand most of the General Definitions of Rule#3, we can begin to answer the question: Who really has the right of way?

Rule #18 - Steering and Sailing Rules, defines the responsibilities between vessels and to better understand this Rule, we are going to use the following acronym to establish a "pecking order" or a list of "rights of way".

Beginning with the vessel who has the right of way over ALL vessels: N for NUC or Not Under Command. She has the right of way over all vessels.

R for RAM or Restricted in Her Ability Ability to Maneuver. With the exception of a NUC, all vessels must stay clear and give way to this vessel.

C for CBD or Constrained by Her Draft. Under International Rules only. With the exception of a NUC or RAM, all vessels must stay clear and give way to this vessel. Remember, Inland Rules do not recognize this vessel.

F for Fishing, a vessel engaged in fishing as defined by the Rules. With the exception of a NUC, RAM, and CBD (International Rules only) all vessels must stay clear and give way to this vessel.

S for Sailing, as defined by the Rules as a vessel under sail provided that propelling machinery, if fitted, is not being used. With the exception of a NUC, RAM, CBD (International Rules only) and a Fishing vessel, all vessels must stay clear and give way to this vessel. 

P for Power-Driven Vessel - A power driven vessel, under the Rules, must stay clear and give way to all other vessels with one exception, the

S for Seaplane. The Rules state that "A Seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply withthe Rules of this Part...Steering and Sailing Rules - Rule 18.

I hope this has answered your question as to who has the "right of way" however, we must always remember that the Rules were written with one primary concern in mind, and that is to prevent collisions at sea. Get to know and understand the Rules but also use common sense. If you are involved in a collision and your excuse is "It's not my fault, I had the right of way!", you will most likely be found guilty of not following the Rules.

Please be sure to visit our on-line store at www.AmericanMarineSupply.com for all your boat supplies, equipment, and accessories. Your visit and consideration is greatly appreciated.

Respectfully,

Charles Morris 

President and USCG Licensed Master - American Boat Captains, LLC