Rules of the road

[sailaway78]

The recent collision between a 92' sailboat and a 600' coal freighter brought out a storm of questions, mostly about who had the right of way. There are some on this board who seem to think that if you are the stand on vessel, you need not worry, all others will get out of your way. For those who are so concerned about right of way I have a hypothetical question. Lets just suppose you are driving down the street in your little Yugo, just minding your own business and having an overall nice day. Suddenly you see an 18 wheeler coming at you. He has a red light, but it is obvious he cannot and will not stop. Now what do you do. Do you try to contact this idiot, and tell him that you have the right of way, or do you do whatever you can to get the hell out of the way.Would really like reading some answers.

 

[fastscot]

Right and dead

As in many areas of life, following procedures, rules, laws, etc. only makes sense if you get the expected result. You can obey the law and drive 55 mph on the interstate, but if everyone else is doing 70 you may not get the expected result of a safe journey. Claiming the right-of-way after an avoidable incident doesn't mitigate the fact that there has been an accident with an undesirable result. Follow the rules, but the bottom line is you must do whatever it takes to avoid an incident/accident. CVP

 

[Terry Grover]

Don't count on the other guy

According to the Coast Guard "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." I sail Galveston Bay that is, at times, crowded by sailboats, powerboats, shrimpers, tankers and freighters. Many of the power boaters are high performance vessels with captains that have more dollars than sense. Although sometimes discourteous they don’t usually pose much of a problem. The larger commercial vessels are restricted to the channel, which is quite obvious. The most common “right of way” problems occur when two sailboats are approaching each other on different tacks. The rule of thumb that the starboard tack has right of way is not written in any sailboat manual. Most people observe this courtesy but not all. When I am the stand on vessel I do so carefully and always have an escape route planned if the other vessel does not react. If I am the give way vessel I try to “telegraph” my move way ahead of time so the other captain is very clear of my intentions to go around. I have had the misfortune of sailing with captains that that are “sailing snobs” and feel that they have the right of way in certain situations that are just as easily avoided. It is never fun to be on board with a righteous captain that is screaming navigational protocol to a novice sailor.

 

[rsn48]

Can't compare

You really can't compare the two scenarios, but if you were to, it would be more like a Super Truck, about 20 times the size of your truck - in your analogy - in a very wide open area, like the salt lake flats (or whatever it is called). The truck needs to take incredibly wide turns and needs forever to stop. In the Canadian Navy as a trainee in Officer Navy Basics, I lived on the Oriole, a two masted sailing vessel 102 feet long. Here is a link to it:http://www.heritagehouse.ca/press_releases/peoplesboatoriole.htmA vessel at 93 feet would still have a great deal of manoeuvrability.The only thing that makes any sense and I hate to speculate with zero knowledge but here is what I do know from all the news releases linked to through this site. Both vessels had radar, I am assuming but most likely both vessels had VHF radios, both had reasonable visibility; manoeuvring room was reasonable. So the only conclusion that makes any sense to me, much like the Queen of the North here in BC (Canada), that the radar was not used, the VHF radio not used, and the look outs marginal or non-existent.All one vessel had to do was get on the blower and say, "such and such a vessel, we're passing red to red." I have wondered if both vessels were on auto-pilot. It isn't clear whether the sailing vessel was actually sailing at the time, depending on winds and sea room, it may have not been, not that it would matter that much; the smaller vessel had the greater manoeuvrability.However, here in BC I have seen the courts award the smaller vessel - in a collision - a legal win due to the fact the larger BC Ferry did not honour the quarter starboard bow right of way to the smaller vessel.No where in the Col Regs is there mention of larger vessels having right of way over a smaller vessel, but there is an obligation to avoid a collision of both vessels involved in a collision. Often both vessels are found at fault since a collision occurred, there is considered negligent on the part of both vessels, since they did not avoid collision; this is even more so true if both have radar.

 

[Ross]

As has been said, there are those

who will take the right-of-way as an absolute with no regard for where they happen to be.For example, two years ago I was motoring back to my marina when a 22 foot Capri from the local sailing school sailed across my bow at about 500 yards. That was fine . But then he tacked and sailed back across close enough to force me to maneuver to avoid running over him. While he clearly had text book right-of-way, he also had about twenty square miles of water to sail on. I thought that he was either not paying attention to the boat traffic or that he was just plain rude.I am quite certain that he would not have made that same decision in the face of a barge and tug.

 

[tcbro]

In order for the "Rules of the Road" to work, both captains must be aware of them. That's not something I care to assume.Toms/v Orion's Child

 

[David Williams]

My Thoughts

When my daughter started driving, I bought her a Miata and told her that everyone with bigger tires has the right-of-way...!I learned my lesson while racing on starboard tack. I assumed my fellow competitor had control of his craft and planned to duck my stern. By the time I realized that he had lost control, it was to late for me to do anything other than brace for a collision. Since, I have a new perspective about the rules, which is: if a boat's bow is pointed toward my boat, give the other boat plenty of room. One can never guess the events that may take place on another craft that would lead to a collision. It doesn't matter if one is the stand-on boat, both skippers has a responsibility to avoid a collision. As a stand-on skipper, I know what it feels like to realize that it is too late to maneuver to avoid a collision. I hope to never put myself in this situation again. David

 

[Tim]

Give way to freighter

As far as I am concerned, get out of the way of the freighter. Period. I assume the sailboat was out for pleasure so the way I look at things, the freighter is out there working so has the right of way. The freighter also has far less manueverability. According to Chapmans Piloting, "sailboats must give way to a fishing vessel, a vessel restricted in its ability to manuever, or a vessel not under command".If I have any doubt whatsoever, I give way.

 

[Steve O.]

other rules

Rule of Tonnage: Get out of the way of larger vesselsUnwritten rule: Break any or all aforementioned rules inorder to avoid a collision

 

[BarryL]

this particular situation

Hello,Regarding the particular facts in this situation, it's pretty clear thatneither vessel had a sufficient look out.-It was 4:00 AM-The 92' yacht had 3 people on it (so I bet they were motoring)-Even during the day there is very little boat traffic in that area I'm sure neither crew expected any at night-The weather was not badIt seems to me that neither boat was maintaining a sufficient look out. I don't think this was a matter of right-of-way.I bet neither boat was aware of the other until they hit.The Coast Guard made the coal carrier go to port and interviewedthe crew, then sent them on their way:(New Haven-AP, Sept. 21, 2006 Updated 4:31 PM) _ The Coast Guard says five crew members who were on the bridge of a coal freighter when it collided with a sailboat on Long Island Sound yesterday did not have alcohol in their systems.The 600-foot freighter Barkald and the 92-foot sailboat Essence collided at about 4 a.m. yesterday about five miles north of Roanoke Point Shoals, which is north of Riverhead, New York, along Long Island's north shore.Gina Bortolotti, a chef on the Essence, was killed in the accident.Two men on the sailboat were rescued. First mate Nardus Bothma was treated for mild hypothermia and Ian Robberts, the boat's captain, was reported in good condition. Their ages and hometowns were not released.The names of the freighter's crew had not been released today.The cause of the collision was still under investigation.--

 

[tom]

No such thing as "right of way"

Even in a driving situation there is no such thing as "right of way" and even if another driver does everything wrong the last person that can clearly avoid an accident is responsible!!!! At least that is what I was taught in driver's education. Same thing in boating. If someone fails to yield to the stand on vessel the stand on vessel is obliged to try and avoid an accident. I think that the reasoning in narrow channels is that if the larger vessel runs aground trying to avoid a mid channel "sunfish" the consequences are greater and you still have an accident. Imagine an oil tanker or hazardous chemical barge running aground, sinking and leaking it's cargo because someone in a Catalina 22 was asserting some imagined stand-on privilage.  Here in Birmingham we have lost two interstate bridges in the last few years. In one the driver of the gas tanker truck claimed that a small vehicle pulled in front and that the tanker driver lost control trting to avoid an accident. Well the gasoline burned so hot it melted the I65 bridge where I65 cross I20/59. Amazingly the truck driver survived to tell the tale otherwise we wouldn't have known that another vehicle was involved. It was a real pain getting to work until they rebuilt the bridge. I am sure that many commuters wish that the tanker truck driver had just plowed over the other vehicle.

 

[Clay]

Maybe the rules need changing

I don't know, but sometimes it gets so complicated regardless of sail or power, besides who said the 92 footer was under sail....Wouldn't it be easier to say everything traveling northward has a free path,and anyone going southward becomes the responsible party. Traveling east or west, you would only have to look one way, southward.I just thought with the electronic age, this could all have been avoided.

 

[Warren Milberg]

No Brainer

The reason this is an easy question is that the Yugo, the trailing edge of technology, would never have made it down the road in the first place....BTW, they make great mooring weights! Most owners will pay you to take one away....

 

[mike c]

rule of gross tonnage

The rule of gross tonnage stats that you get out of the way of ANY ship or obsticle that is bigger than you...........enough said.

 

[Jeff Bacon]

The Rules don't need changing....

... someone ALWAYS is the give way vessel, and someone ALWAYS is the stand on vessel, and everyone ALWAYS has the obligation to avoid a collision.Common sense says get out of the way of a huge freighter. The (non inland) rules say you have to get out of the way if he is restricted in his ability to manouver.Others on this thread probably have it right... nobody was paying attention on either vessel.Jeff

 

[Bill Roosa]

Agree with Jeff B

The first right of way rule is avoid a collision no matter who has a secondary right of way rule in his favor.It is pretty simple. But you have to be on deck and keeping a watch and know what all those pretty lights mean or don't mean and take some action. If you are below deck or on deck and not paying attention cause it is the middle of the night and who in there right mind would be out here at this hour you greatly increase your odds of having an incident.-

 

[Moody Buccaneer]

Know the rules

It is your obligation to learn and know the rules of the road.You never have "Right of Way", you are either Stand-On or Give-Way.The decision that *THE OTHER BOAT* makes is based on *YOU* knowing the rules. If you are the stand on vessel and do not maintain course and speed, as the rules require, and a collision occurs *YOU* are at fault (just as if the other vessel was the stand on vessel and you were required to avoid collision).A few months ago, there was a rant about a boat motor-sailing and being almost run down. The skipper decided that the tanker was trying to run him down so altered course to port (PORT?!?!?!?!) ... right into the path of the tanker (as the tanker was correctly altering course to starboard to give way). If that idiot had just maintained course and speed, he would have seen that the tanker was trying to comply with COLREGS. He was lucky, even though he did his best to get run down, the tanker avoided him.This is not tough stuff. Why try to make it more complicated than it needs to be?

 

[Herb Parsons]

Some Observations

First of all, to answer Phil's question (and he knows this), I have a set of "technically correct" answers in stuff like this, and my "real world" answers.Technical is technical. Know what the regs say, but have enough common sense on how to apply them in the real world.Even in "real world" circumanstance, I have two sets of rules.Set 1 - Boating for fun - Know the rules of the road, but be prepared to give way to someone who appears to think they are stand on, and maybe even to someone that has a good reason to "be there" instead of you. And do it early. Better to sail a little further and/or slower, than to hit someone or something. Never sail aggressively.Set 2 - Racing. Expect the other boat to follow the rules. Be vocal in your expectations. Occasionally, brace for impact. All aggressiveness ends as soon as you get off the water. Feel free to sail aggressively, that's what it's all about.===Some observations on other comments:"It is never fun to be on board with a righteous captain that is screaming navigational protocol to a novice sailor" VERY well said Terry. I'd say it extends beyond "novice sailors" though, I don't like it either .----Tim, you said (quoted) "sailboats must give way to a fishing vessel, a vessel restricted in its ability to manuever, or a vessel not under command".I see that one thrown out a lot, but most people don't understand that those phrases, "fishing vessel", "restricted in its ability to manuever" and "vessel not under command" have very specific meanings, also defined by the USCG regulations. You can't always use them they way they sound. For instance, "fishing vessel" does not apply to a bass boat that's trolling for fish.-----Tom said "Imagine an oil tanker or hazardous chemical barge running aground, sinking and leaking it's cargo because someone in a Catalina 22 was asserting some imagined stand-on privilage."I have a book that I bought put out by Boat US on insurance claims. It's basically a combination "boat accident freak show" and "don't let this happen to you". It DOES have some very intersting stories. In one of them, a small sailboat owner caused a barge to run aground attempting to avoid the sailboat in a channel. The damage exceeded the boat owner's liability cap of $250,000, meaning he was personally responsible for the rest of the damage. Memory fails me, but I think it was around 400k total. That means he had to shell out $150,000 out of pocket. Something for someone to think about next time they want to play armchair Captain Bligh...

 

[Moody Buccaneer]

I forgot ...

"If you are the stand on vessel and do not maintain course and speed, as the rules require, and a collision occurs *YOU* are at fault (just as if the other vessel was the stand on vessel and you were required to avoid collision)."I should have added: Until it is obvious that the give way vessel is not making an attempt to avoid collision. If your actions as the Stand-On vessel impede the efforts of the Give-Way vessel to avoid you, you are partially at fault if a collision occurs.I did not mean to say that you should stand on until the collision occurs ... my bad.

 

[Ferg]

Ships or trains

Rules smools! I sail Lake Superior and find it sensible to treat cargo ships like trains. Stay outa their way!Ferg