Right of Way in Cruising World

[higgs]

November issue of Cruising World, pg 24 has a photo and a description of a situation encountered in the latest Newport-Bermuda Race. A power boat was stationary in the water expecting the sailboat to go around it as an obstruction. The power boat was mingled in with the spectator fleet. CW goes on to say: "...had race yachts strayed into the spectator fleet during the starting sequence for the race, the powerboat crew could have expected the sailboat crew to treat the powerboat as an obstruction. But this was after the start, and Kalue (the sailboat) had right of way.

I had always thought that a vessel, not under way, must be avoided regardless of type. The other thing that confuses me is why it made a difference that the race had started. Racing boats, as understand it, have no special right of way rightsI will write the CG on this and let you know what they say.

 

[Ross]

A boat stationary in the water is"limited in its ability to maneuver" and therefore must be avoided.

 

[tommays]

I have never seen the need to duke out the start of a 600 mile race like its a 4 leg W/L 60 minute event

On are in harbor races doging claming and other working and pleasure boats that are not moving is part of the game


Normaly on a big event they will have worked with the CG to set up a zone that keeps this from going on

 

[Ross]

When a fifty ton dump truck is stopped waiting to make a left turn I try not to assert my right of way and either stop or go around but I never continue and expect the truck to get out of my way.

 

[Maine Sail]

Guy was not anchored and as I understand it through the racing grapevine the motor was idling and the owner was at the helm.

(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.


(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.

The term "vessel restricted in her ability to maneuver" shall include but not be limited to:

(i) A vessel engaged in laying, servicing, or picking up a navigational mark, submarine cable or pipeline;
(ii) A vessel engaged in dredging, surveying or underwater operations;
(iii) A vessel engaged in replenishment or transferring persons, provisions or cargo while underway;
(iv) A vessel engaged in the launching or recovery of aircraft;
(v) A vessel engaged in mineclearance operations;
(vi) A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

(i) The word "underway" means a vessel is not at anchor, or made fast to the shore, or aground.

 

[nightowle]

Ross....too funny!

 

[RichH]

Normaly on a big event they will have worked with the CG to set up a zone that keeps this from going on

.... and when the CG sets up such a 'zone', ONLY the boats in the race are 'privileged' and all non-participants must 'give way', etc. if they happen to cross or enter into the EXCLUSION ZONE. Once you cross the boundaries of the 'zone' ... all the 'rules' are *different*.

 

[Winkfish]

Whether it was during or in a race does not matter, I believe, as far as the Rules of the Road are concerned.

 

[Stu Jackson]

CW was wrong. Kinda like their recent article about bleeding diesel engines, which said to remove the injectors to get the air out. Not on ALL engines.

And they should know better than to use that stupid term "right of way."

 

[Warren Milberg]

I am often under way with no way on...as such I still have the need to get out the way of other vessels that stray my way.

 

[Seattle Scott]

I recollect from the deep past that racing rules ( which only govern the participants) say something about boats sationary behind the start line are obstructions and can just sit there so the boats "sailing" to the start avoid them. This might explain the issue of before or after the start the CW raised.

 

[higgs]

Just got a return call from the Coast Guard on this one. A boat that is drifting is still under command and subject to the rules. This means if you are out , sails down, eating lunch, you are still considered part of the flow of traffic. If you are anchored in an area that is not a designated anchorage, I was told the same applies as you are in the navigable flow of traffic.

 

[Maine Sail]

Just got a return call from the Coast Guard on this one. A boat that is drifting is still under command and subject to the rules. This means if you are out , sails down, eating lunch, you are still considered part of the flow of traffic. If you are anchored in an area that is not a designated anchorage, I was told the same applies as you are in the navigable flow of traffic.

That is why I posted the definition of "underway" above.

(i) The word "underway" means a vessel is not at anchor, or made fast to the shore, or aground.

I do disagree with their take on not anchored in a designated anchorage. If you are ANCHORED and displaying the proper anchor ball or anchor light then you are not considered underway, designated anchorage or not. There is nothing in the rules that I know of that says if you anchor outside of a designated area that you are considered underway. If so half the boats out there at anchor are considered "underway"? Apparently even the USCG sometimes has a tough time interpreting the rules..?

Seeing as the power boat did not meet the definition of "vessel not under command", "vessel restricted in her ability to maneuver" and was considered by COLREGS definition "underway" I feel rule 18 definitely still applies racing or not.


RULE 18

(a) A power-driven vessel underway shall keep out of the way of:

1- a vessel not under command;
2- a vessel restricted in her ability to maneuver;
3- a vessel engaged in fishing;
4- a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

1- a vessel not under command;
2- a vessel restricted in her ability to maneuver;
3- a vessel engaged in fishing.

 

[RichH]

That is why I posted the definition of "underway" above.

(i) The word "underway" means a vessel is not at anchor, or made fast to the shore, or aground.

I do disagree with their take on not anchored in a designated anchorage. If you are ANCHORED and displaying the proper anchor ball or anchor light then you are not considered underway, designated anchorage or not. There is nothing in the rules that I know of that says if you anchor outside of a designated area that you are considered underway. If so half the boats out there at anchor are considered "underway"? Apparently even the USCG sometimes has a tough time interpreting the rules..?

The 'operative terms' here are: .... "and displaying the proper anchor ball or anchor light" ....; otherwise, you are NOT anchored. Just like if a fishing boat doesnt have the correct shapes up or lights on - is NOT fishing.

 

[Maine Sail]

The 'operative terms' here are: .... "and displaying the proper anchor ball or anchor light" ....; otherwise, you are NOT anchored. Just like if a fishing boat doesnt have the correct shapes up or lights on - is NOT fishing.

Precisely why I included that. Regardless the power vessel was not anchored and was technically "underway" by COLREGS definition, at least as I interpret it.

 

[Ross]

Have we ever considered just how bloody arrogant sail-boaters are in open water believing that everybody should get out of their way when they have a mile of open water and refuse to change course 5 degrees just to avoid a close encounter of the worst kind.
How in the hell is a spectator in a stationary boat supposed to know where a sailboat is heading when his destination is five or six hundred miles away.
I really believe that sailboat drivers have to be at least slightly polite and steer for open water instead of yelling "gang way" and charging through the fleet of spectator boats.

 

[RichH]

Ross - If the CG officially declares an exclusion zone for racing purposes and a dopey idiot erroneously or mistakenly enters the zone, who is arrogant?

Happened to me twice .... Once during the Chespeake Challenge for unlimited powerboats where I had a 'surprising' grand view of 100 mph plus boats passing me simultaneously on both sides. and once during the 'round the buoys' race in the Ches. for the Volvo Around the World Race .... I unknowingly 'drifted' into the exclusion zone (and got some 'nifty pics')

 

[higgs]

Ross -I agree: In normal situations I do think we should change course slightly to get out of the way of a fisherman etc., though we are not required to do so. In a race situation If one is a spectator, for heavens sakes stay out of the way even if you are the stand on vessel - it is a courtesy that, as a spectoator, should be extended. If I get stuck in a fleet of racers - and it has happened - I make it very clear to the racers that I will pass them to stern regardless of the rules.

 

[mel22]

Have we ever considered just how bloody arrogant sail-boaters are in open water believing that everybody should get out of their way when they have a mile of open water and refuse to change course 5 degrees just to avoid a close encounter of the worst kind.
How in the hell is a spectator in a stationary boat supposed to know where a sailboat is heading when his destination is five or six hundred miles away.
I really believe that sailboat drivers have to be at least slightly polite and steer for open water instead of yelling "gang way" and charging through the fleet of spectator boats.

Just maybe as bloody arrogant spectators who insist on pushing past the no pass zones so they can get a better view of the event than the spectators who stay in the SPECTATOR zone. Oh sorry the spectator zone is for the nerds that respect the rules of the event. Now I wasn't at this event but perhaps there was a reason the bloody arrogent contestant wasn't found at fault. EH

 

[tommays]

Northport is still and active working waterfront and i want to see a admiralty court ruling that went well for a sailboat that had a collision with a clamboat or somebody drift fishing

As the CG has has no issue doing random stops of powerboats in and around are race courses and then drifting across the weather mark while checking things