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Woodsy · 09-10-2013, 09:57 PM

ITD...

We can agree to disagree....

I will agree that it is a big lake and an even bigger ocean. Yet somehow collisions still happen. That's why we have rules. By your reasoning all collisions that occur in a passing situation are the fault of the Give Way.

If that's the case, why assign ANY responsibilities at all to the vessel being passed? Why call that vessel the STAND ON Vessel? Why assign the responsibility of maintaining course and speed while being overtaken by law? Just because? Maybe they should change the rules to pass at your own risk and any and all responsibility / liability is on the Give Way vessel!

At some point during the attempt to pass, the Give Way and Stand ON responsibilities become clearly defined. It is an absolute. I don't profess to know when that occurs. In this case Laser by his own admission did not see the Formula (Failure to keep a proper lookout) so it might be a little murky depending on what the Formula skipper had to say. In a trial, or Grand Jury hearing, the jury would hear the evidence as presented by NHMP, and make the call at what point the Formula was overtaking Laser. Its at that point the Stand On and Give Way responsibilities would be defined.

Woodsy

09-10-2013, 09:57 PM	#30
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,949 Thanks: 80 Thanked 969 Times in 432 Posts	ITD... We can agree to disagree.... I will agree that it is a big lake and an even bigger ocean. Yet somehow collisions still happen. That's why we have rules. By your reasoning all collisions that occur in a passing situation are the fault of the Give Way. If that's the case, why assign ANY responsibilities at all to the vessel being passed? Why call that vessel the STAND ON Vessel? Why assign the responsibility of maintaining course and speed while being overtaken by law? Just because? Maybe they should change the rules to pass at your own risk and any and all responsibility / liability is on the Give Way vessel! At some point during the attempt to pass, the Give Way and Stand ON responsibilities become clearly defined. It is an absolute. I don't profess to know when that occurs. In this case Laser by his own admission did not see the Formula (Failure to keep a proper lookout) so it might be a little murky depending on what the Formula skipper had to say. In a trial, or Grand Jury hearing, the jury would hear the evidence as presented by NHMP, and make the call at what point the Formula was overtaking Laser. Its at that point the Stand On and Give Way responsibilities would be defined. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid. Last edited by Woodsy; 09-10-2013 at 10:30 PM.