| Author | Message | ||
     Ted Lavino Senior Member Username: Tlavino Post Number: 342 Registered: 01-2004 |
Greetings folks, a nice synopsis of the USCG's view of the concept of "Right of Way" in the context of Navigation Rules (both Inland and International). Many people use the terms "Stand On" and "Give Way" instead one vessel having "Right of Way" over another... The International Navigation Rules do not confer upon any vessel the right of way however, certain vessels in sight of each other are responsible to keep out of the way of others. Usually, power-driven vessels are to keep out of the way of a vessel not under command or restricted in her ability to maneuver, sailing vessels or a vessel engaged in fishing. However, some exceptions exist when they themselves are not in command or restricted in her ability to maneuver (Rule 18), overtaking another vessel (Rule 13), are navigating a narrow channel or fairway (Rule 9), and other less explicit circumstances. Navigation Rules should be regarded as a code of conduct and not a bill of rights. They do not bestow rights or privileges, but impose the duty to either give-way or stand-on, dependent on the circumstances. What is important is not so much what things are, i.e. sailing vessel, operational, etc., but how to avoid collisions, e.g. although under sail yet able to be propelled by machinery, obtaining an early warning by radar, etc. Understand, the Rules are in place to prevent collisions not to define nautical terms or to be subjected to strict interpretation. The Inland Navigation Rules convey the right of way under limited circumstances in Rule 9(a)(ii) which states: Notwithstanding paragraph (a)(i) and Rule 14(a), a power-driven vessel operating in narrow channels or fairways on the Great Lakes, Western Rivers, or waters specified by the Secretary , and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing. From time to time the Coast Guard may restrict persons or vessels from entering a Security or Safety Zone, however, this does not confer a right of way to vessels within the zone. These Zones are established to limit access to an area described by fixed limits or it may be described as a zone around a vessel in motion which may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States. Finally, all this said, the ordinary practice of seamen requires precaution under all conditions and circumstances and not strict adherence to the rules or any other practice. Although strict adherence may not always be prudent, the Rules are very precise in stating that nothing shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect (Rule 2). Neglect, among other things, could be not maintaining a proper look-out (Rule 5), use of improper speed (Rule 6), not taking the appropriate actions to determine and avoid collision (Rules 7 & Rule 8) or completely ignoring your responsibilities under the Rules. This info is at: http://www.navcen.uscg.gov/mwv/mwv_FAQ/right_of_way.htm |
