The Captain's Corner

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

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

Rule #5 of both the International and Inland Rules states that “Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.”

This Rule is without question, one of the most important rules to follow in the prevention of collisions. Nothing could be more positive than the obligation to keep a proper look-out. Failure to do so is castigated by the courts. This Rule is undoubtedly as applicable to the boats of the motor and sail class as to ocean vessels.

The obligation should be regarded as applying at all times when underway, day or night, and even, under some circumstances, when at anchor. Although the Rules do not specify a watch on a vessel at anchor, it is a seamanlike action to check anchor lights, anchor bearings, the onset of restricted visibility and to provide for a capability to warn off an approaching vessel.

A look-out has been defined by the federal court as “a person who is specially charged with the duty of observing the lights, sounds, echoes, or any obstruction to navigation with the thoroughness that the circumstances permit. The words specially charged imply that such person shall have no other duties that detract in any way from the keeping of a proper look-out.”

It has been held in numerous federal court cases that because the look-out must devote his or her attention to this duty, the officer of the deck or the helmsman cannot properly serve as look-out.

“Clearly then, the duties of the look-out and helmsman are separate, and the helmsman should not be considered the person on look-out while steering, other than in the smallest of vessels where an all-around view is provided at the steering position. Whoever is keeping a look-out must be able to give full attention to that task, and no duties should be assigned or undertaken that would interfere with keeping a proper look-out.”

In my opinion, every vessel, regardless of size or configuration, and regardless of having an all-around view from the steering position, should at all times, maintain a proper look-out who is not the helmsman. It is simply a matter of safety and proper seamanship.

All too often, distractions cause the operator of a vessel to focus in  different directions. Waterways are littered with debris, Aids to Navigation at night, in restricted visibility and caught in the reflection of the sun are difficult to see. Busy waterways have boaters traveling in all different directions and many are more concerned with their guests than with their bearing.

Operating a vessel, large or small, is a huge responsibility. As captain, you are responsible for your vessel…you alone. You are responsible for its passengers and crew, for its actions, for its wake. You are responsible for the safety of the swimmers near your vessel, for the boaters on a reciprocal course with yours who are not following the Rules…why then, would you not keep a proper look-out to aid your ability to navigate safely?

In summary, when you go boating, don’t go alone. Take a friend along to act as a proper look-out. Besides, it’s more fun when you have company!

I hope this discussion has been helpful and I invite you to visit our on-line store should you need any boating supplies or equipment. American Marine Supply.com has a large assortment of boat accessories, engine parts, bilge pumps and blowers as well as nautical clocks and gifts for the entire boating community. Thank you.

Respectfully,

Charles J. Morris - President American Boat Captains, LLC

The Rules address the question of safe speed as follows: “Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.”

Seems clear enough although let’s look at this a bit closer. “Every vessel shall at all times…” First, we know that a vessel is defined as “every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water.” Therefore, if you own a boat…you own a vessel and this rule, along with all the others, pertains to you. The words, “Shall at all times” means at all times!

The Rule continues by adding, “In determining a safe speed the following factors shall be among those taken in account:

(A) By All Vessels:

(i) the state of visibility, (ii) the traffic density including concentration of fishing vessels or any other vessels, (iii) the maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions, (iv) at night, the presence of background light such as from shore lights or from back scatter of her own lights, (v) the state of wind, sea, and current, and the proximity of navigational hazards, (vi) the draft in relation to the available depth of water.”

The truth is, the proper use of seamanship and common sense will help you determine a safe operating speed.

For example, let’s say we are a mile offshore, or out in the middle of a large lake or river enjoying a sunny day of boating. The water is calm, the air clear and visibility is not a problem. There is no other boat traffic to speak of, we’re clear of all ATON’s and we have plenty of depth. So…we decide to open her up! We throttle to wide open, heading on a straight course and under control…now this is what power boating is all about!

Are we operating at a safe speed? For now, yes, but if conditions change and they usually do, we will need to decrease our speed and give our throttle a break. Let’s also not forget that we are responsible for the actions of this vessel which includes her wake.

We must always remember to adjust speed to the prevailing conditions. We need to slow down when visibility is hampered, when we are within traffic, harbors or any other busy areas. The wind, the state of the sea and current, the proximity of aids to navigation and navigational hazards all play a major role in determining a safe speed as they greatly influence maneuverability.

We need to know our vessel. That is to say, we need to thoroughly understand her capabilities with regard to turning ability and the distance needed to safely bring her to a stop.

We need to be certain we have enough water depth, therefore; we need to know the waters in which we are boating. Collisions with sunken reefs, sand bars, rock bars, and underwater obstructions generally have no effect on them, however; at high speeds…it’s usually deadly for the boater.

In conclusion, boating is a wonderful recreation and a rewarding profession. Operating your vessel safely is your responsibility and knowing how to determine a safe operating speed needs practice and constant vigilance. Why be in such a hurry? Enjoy the ride!

With the holidays just around the corner, I invite you to visit American Marine Supply to get the perfect gift for all the boaters on your list. You will find ideas such as nautical clocks, tide clocks, nautical jewelry, nautical gifts and much more. We offer a large selection of boat accessories, boat equipment, and boat supplies for the power and sail boater alike.

Have a great day on the water!

Respectfully,

Charles J. Morris – President and Licensed USCG Master

The Rule states, under both International and Inland, that “(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt, such risk shall be deemed to exist.”

“(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.”

“(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.”

“(d) In determining if risk of collision exists the following considerations shall be among those taken into account: (i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change; and (ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.”

Make no mistake about it…if a collision occured, there had to be a “risk of collision” prior to the collision. Vessels generally don’t simply appear out of thin air…or do they?

Remember, the “Rules of the Road” were written to include all vessels, large and small, with or without radar or any other sophisticated electronic warning systems. Each and every Rule is designed to prevent collisions.

It’s interesting to note that in several studies, the majority of collisions were caused by basic errors of navigation usually with one of the vessels moored or at anchor. In these studies, only 21% or so were underway at the time of the collision.

Contributing factors to the collisions, in order of frequency, were: inefficient watch keeping, excessive speed, lack of assessment of the situation, lack of early positive action, passing or overtaking too close, failure to observe traffic schemes, incorrect lights or signals, mechanical failure, and negligent maneuvering.

In all three situations, overtaking, meeting, or crossing, in clear visibility or restricted visibility, inefficient watch keeping and/or a bad radar lookout was the largest cause for the collision. Excessive speed was second followed by simply getting into close quarters unnecessarily.

For those of you who own vessels, large or small, equipped with operational radar or not, you are required under Rule #5 to maintain a Proper Look-Out at all times. (Rule #5 is discussed in a previous entry). If you do not, you may be guilty of inefficient watch keeping. If your vessel is equipped with radar, is it operational and are you and your look out properly trained in its use? Do you really understand what you’re looking at? If not, I would strongly suggest seeking professional training…it very well could save your life as well as the life of others.

As far as excessive speed is concerned, I refer to Rule #6 – Safe Speed (this is also discussed in a previous entry). Excessive speed reduces your ability to maneuver, your ability to stop in an appropriate distance, and your ability to take proper and effective action to avoid a collision.

In summary, please remember, if there is any doubt in your mind that a risk of collision may exist, consider the risk to be a reality and take appropriate action. As my mother would say, “better safe than sorry”!

I hope this information has been helpful and I invite you to visit our on-line store for any boat accessories, boat supplies or boat equipment you may need. AmericanMarineSupply.com also has a large selection of nautical gifts, nautical clocks, tide clocks, engine parts, fiberglass repair supplies, navigation equipment, and much, much more. Your visit and consideration would be greatly appreciated.

Until next time…stay well and Happy Holidays from our family to yours!

Respectfully,

Charles J. Morris – President & USCG Licensed Master

American Boat Captains, LLC