We have all noticed the drivers on highways who travel in the left lane and insist on driving at the posted speed limit or less. The driver may be right within the law, but the frustration, hate and discontent of the less righteous may prove the right driver to be dead-right! This same righteous attitude has no place on the water. With that in mind, consider a similar situation. Two mariners might have similar knowledge and experience, but one might possess foresight and consideration while the other takes great pride in being a stickler for the Rules of the Road. One of these gentlemen might be less prone to have an accident. Which would that be? Any boater would be well advised to know and understand the Rules of the Road and to update himself or herself frequently. In Rule 2(a), some genius can be seen by those experienced mariners who wrote, 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. In Rule 2(b), these ingenious mariners wrote, In construing and complying with these Rules, due regard shall be had to all dangers of navigation and collision and any special circumstances, including the limitations of the vessels involved, which may make a departure from these rules necessary to avoid immediate danger. Which is more desirable, a considerate boater with little training, or a highly trained mariner with a personality problem? If one looks at such experienced mariners as the captains of Exxon Valdez, Andria Doria, or Stockholm, each had been a highly skilled mariner at the peek of their careers. But, it can be said that each shared a common problem that cost them dearly. Each man was comfortable with his profession. Each of these accidents was deemed caused by poor judgment by their captains. On the busy Chesapeake and elsewhere, we sailors sometimes take being under sail for granted. Certainly, the Rules give us some considerable Right of Way. However, if we steadfastly obey the Rules, as we should, we may actually be endangering our own vessels and crews. Typically, long before a situation evolves into risk of collision, there is often an opportunity to avoid the situation by a simple course or speed change. When sailing, how far ahead of your vessel is your mind??????? Captain Steve Hornberger s/v Sun Runner USCG Lic #302104
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Dan
How far ahead
Steve, Well written. As an aviation pilot, one learns that being somewhere well ahead of the airplane is important. Those that can't usually don't last long (aviation has regular required check rides with instructors that have to sign off, imagine that standard being applied to automobile or boat operators). My experience with too many automobile drivers is that their working at somewhere just a few feet ahead of the front bumper. It seems better on boats, but occasionally we get to experience someone who would be better served by moving their thought process ahead a little bit (maybe a center cockpit would help). Dan Jonas (S/V Feije)
Steve, Well written. As an aviation pilot, one learns that being somewhere well ahead of the airplane is important. Those that can't usually don't last long (aviation has regular required check rides with instructors that have to sign off, imagine that standard being applied to automobile or boat operators). My experience with too many automobile drivers is that their working at somewhere just a few feet ahead of the front bumper. It seems better on boats, but occasionally we get to experience someone who would be better served by moving their thought process ahead a little bit (maybe a center cockpit would help). Dan Jonas (S/V Feije)
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Paul
Well stated...
"But I had the right of way..." doesn't sound nearly as convincing when it's written on a gravestone. Paul
"But I had the right of way..." doesn't sound nearly as convincing when it's written on a gravestone. Paul
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Tim Schaaf
More logic regarding the rules
The previous comments are bolstered by the history of the Rules of the Road. I was taught that they are not, in fact, a governmental creation, with all that entails, but the creation of a consortium of insurance companies. These companies got together, at a time when international shipping was becoming an established fact, to design regulations to lessent the likelihood of them experiencing losses.Obviously a good idea, based on self interest. Thus, if you study the Rules, you will see that they are seldom arbitrary and almost always very logical. The heirarchy of burdened (give-way) vessels and stand-on vessels is a good example. The insurance guys gave a lot of thought as to who would most easily be able to maneuver, and how to be able to avoid collisions in the absence of communication. Remember, this was before the advent of radio. One of the most important provisions of the rules specifies that BOTH vessels have the obligation to avoid collisions, which is the way one would feel if one were paying for the damage! So, it is REALLY against the spirit of the Rules of the Road, as well as common sense, to play lawyer and hold rigidly to your rights to the extent that avoidable problems arise. As the others have said.....get your brains out in front of the boat. Oh, and by the way, reading the Rules can be quite illuminating. How many people can name, without looking it up, the vessels that are the highest or the lowest on the totem-pole of right of way? The answer is quite logical.....but it might be a good quiz (Phil)
The previous comments are bolstered by the history of the Rules of the Road. I was taught that they are not, in fact, a governmental creation, with all that entails, but the creation of a consortium of insurance companies. These companies got together, at a time when international shipping was becoming an established fact, to design regulations to lessent the likelihood of them experiencing losses.Obviously a good idea, based on self interest. Thus, if you study the Rules, you will see that they are seldom arbitrary and almost always very logical. The heirarchy of burdened (give-way) vessels and stand-on vessels is a good example. The insurance guys gave a lot of thought as to who would most easily be able to maneuver, and how to be able to avoid collisions in the absence of communication. Remember, this was before the advent of radio. One of the most important provisions of the rules specifies that BOTH vessels have the obligation to avoid collisions, which is the way one would feel if one were paying for the damage! So, it is REALLY against the spirit of the Rules of the Road, as well as common sense, to play lawyer and hold rigidly to your rights to the extent that avoidable problems arise. As the others have said.....get your brains out in front of the boat. Oh, and by the way, reading the Rules can be quite illuminating. How many people can name, without looking it up, the vessels that are the highest or the lowest on the totem-pole of right of way? The answer is quite logical.....but it might be a good quiz (Phil)
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dave
from my experience I consider about 95% of the vessels I encounter underway to be "Not Under Command." Anyone with a few bucks can buy a boat, jump in it, don't have any navigation skills, and drive 60 knots through a crowded area. If you have ever been cruising down the channel from stonington to the westerly river you'll know exactly what I mean. the channell is 100 feet wide for about 2 miles, sailboats in the area are constrained by draft, power vessels routinely power down this channel within a few feet of the sailboats at well over 25 knots disregarding their wakes, sometimes it is quite frightening. dave
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Paul M
Hold your course
I prefer encounters with a skipper who "steadfastly obeys the rules of the road" over "considerate" schmucks that are unsure. That's because part of those rules is the requirement that the right-of-way vessel holds her course. When I have the right of way, I feel an obligation to give the burdened boat room and time to choose an appropriate maneuver that preserves her boatspeed, or heading, or channel position, whatever is important to the person in command. Obviously, I'm not going to whack somebody just because I have the right of way. On the other hand, neither am I going to yield immediately without giving the other captain a chance to pilot his vessel properly. The other day we crossed a sailboat which was racing in Long Island Sound. I was close-hauled on starbord tack, just trying to get home. He was on port. It was a close cross in 22-knot winds and choppy seas. I held my course, much to the chagrine of my wife, because I was looking into the bowman's eyes the whole time. They saw me, I saw them. The driver made the smoothest duck you ever saw, and hardly lost a second of VMG. We were just following the rules. Steadfastly.
I prefer encounters with a skipper who "steadfastly obeys the rules of the road" over "considerate" schmucks that are unsure. That's because part of those rules is the requirement that the right-of-way vessel holds her course. When I have the right of way, I feel an obligation to give the burdened boat room and time to choose an appropriate maneuver that preserves her boatspeed, or heading, or channel position, whatever is important to the person in command. Obviously, I'm not going to whack somebody just because I have the right of way. On the other hand, neither am I going to yield immediately without giving the other captain a chance to pilot his vessel properly. The other day we crossed a sailboat which was racing in Long Island Sound. I was close-hauled on starbord tack, just trying to get home. He was on port. It was a close cross in 22-knot winds and choppy seas. I held my course, much to the chagrine of my wife, because I was looking into the bowman's eyes the whole time. They saw me, I saw them. The driver made the smoothest duck you ever saw, and hardly lost a second of VMG. We were just following the rules. Steadfastly.
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Peggie Hall/Head Mistress
I agree with Paul
Obey the Rules "steadfastly" until it becomes obvious the other skipper isn't going to. The hardest boat to avoid is one that doesn't do what you expect him to do (which is, follow the rules). That also requires "steadfastly" following what I consider to be the most important rule of all: maintain a proper lookout at ALL times. It's much easier to avoid a boat you've been watching like a hawk that one you don't see till the last second. Paul and the racing skipper did just that--watched each other like hawks...Paul was prepared to alter course if necessary, and from his description of the crossing it appears the other skipper was too. But both skippers did just what the other expected--which was follow the rules and things worked out just fine. Despite what anyone may think, the Rules don't give ANY vessel any "rights," only responsibilities, no matter the means of propulsion, what tack you're on, or who is coming from where. Even when stand-on, a vessel has obligations, if only to maintain course and speed. The minute you try to start claiming any "rights" you think you're entitled to, you're likely to cause problems. But when you think of the Rules as describing everything you're obligated to do, instead of as "rights," it's almost impossible to get into trouble.
Obey the Rules "steadfastly" until it becomes obvious the other skipper isn't going to. The hardest boat to avoid is one that doesn't do what you expect him to do (which is, follow the rules). That also requires "steadfastly" following what I consider to be the most important rule of all: maintain a proper lookout at ALL times. It's much easier to avoid a boat you've been watching like a hawk that one you don't see till the last second. Paul and the racing skipper did just that--watched each other like hawks...Paul was prepared to alter course if necessary, and from his description of the crossing it appears the other skipper was too. But both skippers did just what the other expected--which was follow the rules and things worked out just fine. Despite what anyone may think, the Rules don't give ANY vessel any "rights," only responsibilities, no matter the means of propulsion, what tack you're on, or who is coming from where. Even when stand-on, a vessel has obligations, if only to maintain course and speed. The minute you try to start claiming any "rights" you think you're entitled to, you're likely to cause problems. But when you think of the Rules as describing everything you're obligated to do, instead of as "rights," it's almost impossible to get into trouble.
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Jeff
All boats in sight are potential hazards
I think the rules of the road are pretty much useless in the area of the cheasapeake except in the courts. Power boats continually drive to close change course at the last minute. Sailboats often stay on a collision course for 10's of minutes and adjust only at the last minute. By waiting till the last minute you must trust the other captain knows and understands the rules as well as the application. I'm not that trusting. I'll look at every boat if they are within 1/4 mile and on a collision course I'll adjust to ensure there is no collistion and I don't have to care if the other boater knows about the rules.
I think the rules of the road are pretty much useless in the area of the cheasapeake except in the courts. Power boats continually drive to close change course at the last minute. Sailboats often stay on a collision course for 10's of minutes and adjust only at the last minute. By waiting till the last minute you must trust the other captain knows and understands the rules as well as the application. I'm not that trusting. I'll look at every boat if they are within 1/4 mile and on a collision course I'll adjust to ensure there is no collistion and I don't have to care if the other boater knows about the rules.
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Dan
Clear Intention
Everyone has pretty well covered what should be done by the stand on boat, but also important is that the stand off boat give a good indication of intention. I was instructed that as the stand off boat I was to give a positive indication of my intentions. Often it takes only a very small correction to avoid the other boat, even when pretty close. Unfortunately, small deviations in heading do not always demonstrate your intention adequately. A clearly visible and early turn which is followed after a short distance by a return to course provides a clear demonstration of your intention and can net the same result in clearing the stand on vessel. However, I'm not sure about the 1/4 mile comment. I certainly would use a similar distance in some instances (offshore and other small vessels) but that could be a difficult distance to use on some days on San Francisco Bay. We commonly pass boats within a few boat lengths and do so safely (although I must admit they are usually other well skippered sail boats). Every sistuation is unique. Part of the art is sizing up what the other skipper is likely to do. If you see them early enough, just watching them sail, drive, or whatever they seem to be doing or not doing, can give you an idea of how close is safe. Sometimes that can be a few feet, other times it might be best if you were in another county. Dan Jonas (S/V Feije)
Everyone has pretty well covered what should be done by the stand on boat, but also important is that the stand off boat give a good indication of intention. I was instructed that as the stand off boat I was to give a positive indication of my intentions. Often it takes only a very small correction to avoid the other boat, even when pretty close. Unfortunately, small deviations in heading do not always demonstrate your intention adequately. A clearly visible and early turn which is followed after a short distance by a return to course provides a clear demonstration of your intention and can net the same result in clearing the stand on vessel. However, I'm not sure about the 1/4 mile comment. I certainly would use a similar distance in some instances (offshore and other small vessels) but that could be a difficult distance to use on some days on San Francisco Bay. We commonly pass boats within a few boat lengths and do so safely (although I must admit they are usually other well skippered sail boats). Every sistuation is unique. Part of the art is sizing up what the other skipper is likely to do. If you see them early enough, just watching them sail, drive, or whatever they seem to be doing or not doing, can give you an idea of how close is safe. Sometimes that can be a few feet, other times it might be best if you were in another county. Dan Jonas (S/V Feije)
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Phil
A poem, and a relevant newspaper story
See the attached link to a newspaper article from Portland, Maine, about what can go wrong when you are in the right. Also, this limerick summarizes my views: This is the grave of Mike O'Day Who died maintaining his right of way. His right was clear, His will was strong, But he's just as dead As if he'd been wrong. Phil Decker S/V "Catmandu" 1982 Catalina 27
See the attached link to a newspaper article from Portland, Maine, about what can go wrong when you are in the right. Also, this limerick summarizes my views: This is the grave of Mike O'Day Who died maintaining his right of way. His right was clear, His will was strong, But he's just as dead As if he'd been wrong. Phil Decker S/V "Catmandu" 1982 Catalina 27
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Peggie Hall/Head Mistress
Read the article...She wasn't in the right...
Regardless of what any other Rules says, there's good ol' Rule 2b: every vessel is obligated to take whatever action is necessary to avoid collision. Whether the ferry shares the blame or not by failing to do that, she makes it clear by her own statements that she failed--in fact seems to have stubbornly refused--to do anything to avoid the collision herself. That puts her at least as much in the wrong as the ferry. She's lucky to be alive. Anyone who'd play chicken with a ferry is also stupid.
Regardless of what any other Rules says, there's good ol' Rule 2b: every vessel is obligated to take whatever action is necessary to avoid collision. Whether the ferry shares the blame or not by failing to do that, she makes it clear by her own statements that she failed--in fact seems to have stubbornly refused--to do anything to avoid the collision herself. That puts her at least as much in the wrong as the ferry. She's lucky to be alive. Anyone who'd play chicken with a ferry is also stupid.
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Tim Schaaf
Right-on Peggie
I agree with Peggie. Another interesting thing is that the multiple blasts that are commonly thought of as "Danger, get out of my way", actually indicate doubt, as in "what on earth are you doing? Please make your intentions clear so that I know what to do". Which gets back to the ideas of responsibility, consistency, clarity, and logic.
I agree with Peggie. Another interesting thing is that the multiple blasts that are commonly thought of as "Danger, get out of my way", actually indicate doubt, as in "what on earth are you doing? Please make your intentions clear so that I know what to do". Which gets back to the ideas of responsibility, consistency, clarity, and logic.
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John J
When my sons began driving I gave them the best advice I could. "Always assume that the other drivers out there don't know what they are doing, are jerks or morons or whatever." Because of this sage advice they have no tickets or accidents. (ages 18
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Gary Jensen
learn the rules
It is best to know the rules and apply them. What is even more desirable is a considerate, well trained operator..
It is best to know the rules and apply them. What is even more desirable is a considerate, well trained operator..
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Allen Freeman
Well Stated...Part 2
Sometimes it seems people forget...there is no such thing as "right of way". The rules state that when it becomes apparent that the captain of the give-way vessel is not going to act, then it becomes the responsibility of the stand-on captain to act. If a collision occurs, both captains are responsible. Rest In Peace.
Sometimes it seems people forget...there is no such thing as "right of way". The rules state that when it becomes apparent that the captain of the give-way vessel is not going to act, then it becomes the responsibility of the stand-on captain to act. If a collision occurs, both captains are responsible. Rest In Peace.
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Tom Ehmke
Ferry traffic
I was out sailing on Monday, but with no wind about I motor-sailed. At one point during the afternoon I crossed the path of the ferry service from Catawba Island and South Bass Island (Lake Erie). At that time I was moving at about 5k and there was ferry traffic in both directions. I didn't hesitate to choose a path parallel to the ferry routes until both had passed, not even considering who had the right of way. I was in a position to maneuver and did so to send a clear signal the the ferryboat captains that I was not going to play chicken with them. A short time later a power boat raced across my bow at a distance of about 50 ft. and never slowed down. There is no justice in this world, so be damned careful out there. By the way, as he passed by and turned to look at the havoc his wake created, I didn't disappoint him. I used a common motorcar traffic gesture to show my disapproval... Tom
I was out sailing on Monday, but with no wind about I motor-sailed. At one point during the afternoon I crossed the path of the ferry service from Catawba Island and South Bass Island (Lake Erie). At that time I was moving at about 5k and there was ferry traffic in both directions. I didn't hesitate to choose a path parallel to the ferry routes until both had passed, not even considering who had the right of way. I was in a position to maneuver and did so to send a clear signal the the ferryboat captains that I was not going to play chicken with them. A short time later a power boat raced across my bow at a distance of about 50 ft. and never slowed down. There is no justice in this world, so be damned careful out there. By the way, as he passed by and turned to look at the havoc his wake created, I didn't disappoint him. I used a common motorcar traffic gesture to show my disapproval... Tom
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Joe
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Peggie Hall/Head Mistress
I read it, and I get the feeling that
the writer seems to have a LOT of near misses with freighters and cruise ships...and none of 'em seem to be his fault. Of one of them he writes that his sails were clearly visible and he "wanted assurance that he intended to alter course as the burdened (in bold print) vessel." Anyone who considers a freighter or a cruise ship to be the "burdened vessel" in an encounter with a 33' sailboat, and waits till he's in danger of being run down to get out of its way is a not only a fool, but an arrogant fool!
the writer seems to have a LOT of near misses with freighters and cruise ships...and none of 'em seem to be his fault. Of one of them he writes that his sails were clearly visible and he "wanted assurance that he intended to alter course as the burdened (in bold print) vessel." Anyone who considers a freighter or a cruise ship to be the "burdened vessel" in an encounter with a 33' sailboat, and waits till he's in danger of being run down to get out of its way is a not only a fool, but an arrogant fool!
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Ray
Rights of way
I was taught that rights of way are given not taken and the phrase "he/she has the right of way" always wins over the phrase "I have the right of way".
I was taught that rights of way are given not taken and the phrase "he/she has the right of way" always wins over the phrase "I have the right of way".
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