right of way: stubborn or crunch?

[BobT]

Made it out this afternoon after the rain ended and had a nice breeze under a great sky. I took a neighbor out who hadn't been on the water since sailing as a kid. So we're having a good time and close hauled on a port tack we start NW across the Elk River about 1/3 of a mile below a stately cabin cruiser coming south down the channel at a moderate speed. It's soon apparent that we'll be in close proximity at the center of the channel and I watch to see how soon he'll adjust for my right of way. And watch and watch til I cross his bow and I'm close enough to see that there is Definitely No One at the helm! As he passes behind by an uncomfortable margin I can see a silhouette of a guy hunched over a table in the salon with his back to me, as if he was reading a newspaper. The slob was autopiloting to oblivion. Nearly Ours. And, no surprise; not answering a hail on channel 16.

My guest was photographing the whole time. The transom was lettered with a boat make and price. Professional Delivery? The Dead Hand of electronic navigation. Brain Dead at a minimum.

So once again we are reminded to never give the other guy a chance to hit you. Because sooner or later one will without even trying. I would have had to dump sail to fall off behind him as we were heeled about 20 as it was. Pinching up would have slowed me in front of him. As it was we outran the danger, but that's not a good plan. I won't push it like that again if I can help it.

 

[MoonSailer]

Yep being "right" is a small thing if you are dead.

 

[Ross]

You had enough notice to change course 5 degrees to pass under his stern. You were not going anywhere so why assert your "right of way" ? Did you consider a sound signal?

 

[RichH]

Contact the CG and file a report ... only way to stop this.

However, you should attempt to call on Ch13 as well as Ch16; 13 is the intership commercial channel; then followed by 5 incredibly loud and long blasts on a freon powered horn (5 long flashes on a high powered spot lite will do the same), then a polite "Securite Call" on 16 advising all boats near this location that there is a boat of XXXX name and of xxxx homeport operating in a verifiable and substantially reckless manner at such&such lat/lon, heading (north/south, etc.) ... and that all traffic is advised to keep clear. When the CG finally answers you, tell them the circumstances (and as you previously described) that the boat was hailed on Ch16 made no evasive maneuvers, you had no return reply on VHF16 and that you thought that no one was at the helm, etc., etc. etc. You'll have to file a report with CG if you do this. Advising on a sailing forum wont get the correction needed .... ya gotta contact the CG.

What you described happens a lot, from the C&D canal all the way down the bay to the BayBridge - where the channels are clearly defined .... its worse south of Annapolis where there are no defined channels.

 

[Numlock]

It happened to us

We were entering the Choptank on a very quiet day in our small sailboat. Barely had headway. Two small children aboard. Large trawler coming directly at us, would slice us in two. Close enough that I saw no one was at the helm. I grabbed my freon boat horn and started blasting away. I guy jumped up in the bow, flung his arms out in horror, ran to the helm and just barely avoided hitting us. I think he'd had the auto pilot on and fallen asleep on the deck.

 

[Jim Kolstoe]

It sounds like you did the right things under the rules of the road. I think the response to Ross is that you were the stand-on boat, and he was the give-way boat, obligating you to hold your course to allow the give way boat to avoid you unless your change of course was necessary to avoid a collision. The term "right of way" as we understand it for driving does not apply straight across. I agree with Rich H about contacting the appropriate authorities. This guy was setting up to kill someone through sheer stupidity.
Jim Kolstoe, h23 Kara's Boo

 

[Roger Long]

I won't push it like that again if I can help it.

First, let me 100% endorse Rich's post below about reporting.

My sons just went through driver's ed and they made a big thing about eye contact in certain driving situations. It's very applicable to boats. Make sure you see a head and it appears to be looking at you. My only collision at sea (hole on port side) happened when I was fairly new to sailing in heavy traffic (1981) and thought the fellow was going to buzz my transom as so many hot shots had done before there in Boston Harbor. Instead, he drilled us amidships. Then, I saw a head. Ever since, I've learned to make sure I see a head well before.

I'm not a believer in radio use for these harbor situations. Commercial operators expect to be talking to each other. You don't know who is on the other end of a rec to rec communication attempt or if they even have their radio on. Even if they do answer, by the time they figure out that the are the white sailboat, maybe one of 20, in the area and you are the other, you could already be filling out the post collision paperwork. They may know that they are in Portland Harbor but have no clue which Cushing Island is or which part they are in. In light traffic, with two vessels on long predictable courses and a dicy CPA, it's a different story. Then, there is time to have a conversation. Many of the sailboats I've had close calls with are having trouble with boat control. The last thing I want them doing is fumbling with a radio or even distracting them while they are figuring out how to make the boat go around me because they don't know enough to let the mainsheet out.

 

[Chuck Creel]

Ahoy there Bob,
From what I have read, you did the RIGHT thing because the REGS state that ALL shall try to avoid a collision. Also I might add if I amy that if the power boat was in a marked channel , The regs also state that NO-ONE shall impede the safe passage of a down bound or vessel in a channel. Or atleast not word for word. Bottom line is that you avoided a collision and that was the PRUDENT thing to do.

Good call and happy sailing;

Capt Charles Creel
200T Master

 

[BobT]

There was very little traffic. So sparse that this fellow thought he could let the box do the driving.
From here on in, the signal horn will be at hand. Yesterday it was in the cockpit locker. My bad that. When I'm solo I can reach it in a second. Yesterday there was someone sitting on it. Back when I had a motorcycle, I wired in a little JC Whitney dual air horn for a more significant "presence" on the road. It was Very effective a few times. Perhaps a similar upgrade is in order this winter.
If my neighbor got a photo of the empty helm, I'll post it for the fear factor.

 

[Franklin]

Other things to keep in mind:

1) when in a narrow channel, one must stay to the far right side, regardless if you are under sail or not.

2) it's not right of way, it's stand on. Stand on means you must stay your course until it becomes dangerous to do so.

3) at the very top of the pecking order is vessel not under command which this vessel just might have qualified for. Maybe the guy was down below having a heart attach or something.

 

[RGF]

You were lucky my policy is if its a sailboat and Im the stand on vessel I wait to see what the other guy will do first. If I dont like the looks of things I get out of the way with plenty of room to spare. If its a motor boat or a fishing trawler I just get out of the way regardless of who has the right of way. In my experience Ive found motorboaters are pre occupied a lot of the time. And the fishing trawlers I encounter are in a hurry to get back to port and they dont give way

 

[RichH]

Franklin makes a very valid point: "not under command", etc.

Yet, a boat is NOT 'not under command', etc. unless its flying the proper lights or dayshapes. Unless you have such shapes 'to indicate what exactly you are doing' ------------ you are are 'underway'.
The classic example: Even if you are anchored, you are NOT ANCHORED but are UNDERWAY and subject to all the 'underway rules' unless you have the correct dayshape or lights on. If anchored and if another boat has a collision with you, if you dont have these signals employed you will be adjudged 'contributory' to the collision. When was the last (first) time you saw an anchored boat with a black ball in the rigging?

I just wonder exactly how many boaters can identify those shapes and light combos ... other than 'underway'.

 

[William2772]

Similar near collision with steel ships

A similar near collision occured in the US Navy where our Captain held course on our tin can while a huge merchant ship drew closer and closer overtaking us until our Capt finally changed course to bear away when the merchant ship was close enough to spit at.

His reasoning was that the Rules of the Road required him to maintain course as the overtaken vessel.

My reasoning is that one does NOT get into such a near collision in the first place. And then, there is also the Rule of the Road that states nothing in all of the Rules overrides prudent seamanship.

Stubbornness and possibly a collision and loss of life or vessel or both or prudent seamanship. Your choice. But even if the Rules say you were performing correctly, you could still be liable under the Rule of Prudent Seamanship if you had a clear chance to avoid a collision.

 

[BobM]

Well it certainly wouldn't have helped in your case...

I always make a very exaggerated course change to make my intended direction clear. This works well with other sailboaters, but not as well with powerboaters, as they can change directions twice in the time it takes me to change once...if someone is at the helm

I don't think you have right of way when you are crossing what is essentially the travel lane of a navigable river and there is traffic. If it is like a channel, aren't you required to cross it as expeditiously as possible

 

[Roger Long]

When was the last (first) time you saw an anchored boat with a black ball in the rigging?

I've never seen one an a sailing vessel except for the sail training ships. There is a size limit for the requirement so I don't think a powerboater would get much traction with that as a defense if he zoomed straight into the portside of an under limit anchored sailboat. Your mileage may vary in Texas.

There is an even stronger rational for the "Steaming Cone". I've often wondered whether a sailboat I was crossing was power or sail. There is a size limit for those as well but it only extends to the COLREGS line. Outside of that, even an 8 foot dinghy with a sail up and an outboard running must display the cone.

I think I own the only steaming cone on the coast of Maine. I actually flew it once and took a picture just so I could say I'd done it. If anybody knew what it meant, I would fly it Actually, I do fly it whenever I have a crew to put it up and I'm motoring with the main up. I've also flown it solo a couple times in some high traffic areas.

 

[Roger Long]

Stand on means you must stay your course until it becomes dangerous to do so.

That's often the rub. When I got drilled, any course changes I had made if my assumption that I was being transom buzzed was correct would have increased the danger of collision. You can't do much to speed up a close hauled Soling.

Conversely, I get annoyed by the stand on sailboats that try to get out of my way and leave me guessing about their intentions.

 

[RichH]

Conversely, I get annoyed by the stand on sailboats that try to get out of my way and leave me guessing about their intentions.

Agree totally.
My wife and I frequently argue about this when she is at the helm. Changing course when you are the stand-on vessel in a close crossing, etc. situation can be VERY confusing to others. My point is always that she can slow down or luff the sails to slow down, etc. and still maintain course with safety.

 

[Stu Jackson]

Very important point

Agree totally. Changing course when you are the stand-on vessel in a close crossing, etc. situation can be VERY confusing to others.

If I wouldn't get killed for showing this her, I would... Thanks for that important message.

It really confuses "the other guy."

 

[Hermit Scott]

I read about 'hanging a black ball' while under anchor during the day. What do I need to get to do this? Is it a flag or a ball like a beach ball?

 

[RichH]

Example of anchor ball: http://www.defender.com/product.jsp?path=-1|17|295769|320399&id=33014
I'll make the wager that they sell less than 2 of these per year.