Open Note to Another Captain

Woodsy · 07-31-2018, 03:00 PM

thinkxingu...

Under COLREGS.... Rule 2 specifically... BOTH Captains have an equal obligation to avoid a collision... You are obligated to break a rule if it means avoiding a collision.

Rule 2 - Responsibility

(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.

For example.... you are the "Stand On" boat, but the "Give Way" boat does not yield (for whatever reason - does not matter). You decide to to "Stand On" and collide with him, striking the side of his boat. (or he strikes you - again doesn't matter) Bottom line is you obeyed the rule and continued to "Stand On".

The operator of the "Give Way" boat will be found to be (50% - rough number) at fault... you will be found to be (50%- again rough number) for failing to alter course and avoid the accident/ improper lookout when a simple course/speed correction would have avoided the whole mess.

Woodsy

07-31-2018, 03:00 PM	#29
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,966 Thanks: 80 Thanked 980 Times in 440 Posts	Not Entirely True... thinkxingu... Under COLREGS.... Rule 2 specifically... BOTH Captains have an equal obligation to avoid a collision... You are obligated to break a rule if it means avoiding a collision. Rule 2 - Responsibility (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. For example.... you are the "Stand On" boat, but the "Give Way" boat does not yield (for whatever reason - does not matter). You decide to to "Stand On" and collide with him, striking the side of his boat. (or he strikes you - again doesn't matter) Bottom line is you obeyed the rule and continued to "Stand On". The operator of the "Give Way" boat will be found to be (50% - rough number) at fault... you will be found to be (50%- again rough number) for failing to alter course and avoid the accident/ improper lookout when a simple course/speed correction would have avoided the whole mess. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.