Using RADAR while underway
RADAR is considered a collision avoidance device used in conjunction with proper lookouts to avoid a possible collision. As soon as you are underway you are required to maintain a constant watch for traffic. You should have your RADAR on while underway, even in daylight, to provide the optimum collision avoidance coverage. Most recreational sailors turn on their radar only in bad weather or at night. If there is a collision and you didn't have your radar operational, even during daylight hours, you will be held partially at fault for not having a proper lookout and not having your radar on.From the U.S. Coast Guard FAQ:"Radar is not required on vessels under 1600 GT (Title 33 CFR part 164.35), however, Rule 7 states that proper use shall be made of radar equipment if fitted and operational. In other words, whoever has one must use it. The Navigation Rules are not meant to discourage the use of any device, rather they expect prudent mariners to avail themselves of all available means appropriate...as to make full appraisal of the situation (Rule 5), e.g. the use of radar. At issue is whether the use of radar is appropriate in the prevailing circumstances and that is a determination made by the Master; and, ultimately decided by a trier of fact. Should you be in a collision how would a judge/jury rule on your contention that the use of radar was impracticable (due to electrical drain, crew shortages, etc.)? Also, if a collision does occur, then there was obviously a risk of collision beforehand. Could the determination of that risk have been made sooner with the use of radar? It is difficult to answer such questions because the circumstances of each case are different. More importantly, remember that Rule 7 specifies that assumptions shall not be made on the basis of scanty information, especially scanty radar information."The courts usually blame both parties in a collision, based on the degree of liability. Admiralty law judges vessels with radar as having greater responsibility than vessels without radar in a collision. If you are sailing near shore, the excuse of draining down your batteries for not turning on your RADAR usually doesn't apply. If you had enough crewmembers stationed to cover 360° while underway, then you might only be assessed a smaller amount of blame in a collision if your RADAR wasn't turned on. The United States Coast Guard Auxiliary advises strongly the use of RADAR whenever a vessel is underway even in daylight. They had an article about this. Ultimately, whether you use your RADAR while underway is the captain's decision. Your civil liability of not having your RADAR in operation if you are in a collision will be determined by Admiralty court. Fair Winds,ClydeUnited States Coast Guard Auxiliary article on using RADARhttp://www.auxguidanceskills.info/press/radar.html