When are you a "power driven vessel"?

Feb 8, 2014
1,300
Columbia 36 Muskegon
Mine was 3 out of 30. I would have preferred 5 out of 50. About half of the class failed on the first try. The biggest difficulty with this part of the testing is that they test you on inland and international rules at the same time. So keeping some of that straight can be tricky.

The 10 plot (10 questions on plotting and you have to get 7 right) was probably the hardest section. Again, about half of the class failed on the first try. But you could tell who was going to fail before the test. If you didn't do the homework and develop the skills you didn't have a chance. If you did the homework you had a reasonable expectation to pass.

The nav general was 70% correct out of 30 questions and the deck general was 70% correct out of 70. Neither of those were too difficult as you can look everything up.
Exactly as it is in any Captain class. Most people have never actually used charts the way the CG requires, so that's the hardest. Next is Rules because you have no wiggle room. NavGen, DeckGen and Safety are pretty easy. Most of the stuff you should already know, the rest you can look up.
 
Feb 8, 2014
1,300
Columbia 36 Muskegon
Couldn't resist answering a question with a question. That's how we lawyers make big bucks.

A powerboat with engines running in neutral is a power driven vessel because it is propelled by machinery.

A sailboat with sails down engine on but in neutral is a power driven vessel because it is not then a sailing vessel because it's sails are down.

A sailboat with sails up and engine on but in neutral is a sailing vessel because it is under sail and it's engine/transmission/prop are not being used to propel the boat.
That's the whole point of this discussion. The situation is not really mentioned on the Rules, so it's left to interpretation. The only venue that counts is court after the collision, and I'm pretty sure they would rule that you should have put her on her and gotten out of the way. IMO, power driven.
 
Feb 8, 2014
1,300
Columbia 36 Muskegon
It may be entertaining to argue these fine points here, but don't forget the whole point is safety and survival. I don't argue right of way while riding my motorcycle. I don't really care how big a settlement my widow gets.
 

BayMan

.
Sep 12, 2012
203
Hunter 450 Unspecified
That's the whole point of this discussion. The situation is not really mentioned on the Rules, so it's left to interpretation. The only venue that counts is court after the collision, and I'm pretty sure they would rule that you should have put her on her and gotten out of the way. IMO, power driven.
Of course there is the final rule that all other rules are tossed out if you have the last clear chance to avoid a collision.
But these rules are viewed from the point of view,of both boats. If I see you with your sails up and moving I regard you as and sailing vessel. If I see you without sails and moving you are a power driven vessel.

Isn't one of the reason racers leave the jib down while motoring with the main before the race sequence starts is to let others know they are a power driven vessel at that point?
 
Nov 18, 2010
2,441
Catalina 310 Hingham, MA
Couldn't resist answering a question with a question. That's how we lawyers make big bucks. A powerboat with engines running in neutral is a power driven vessel because it is propelled by machinery. A sailboat with sails down engine on but in neutral is a power driven vessel because it is not then a sailing vessel because it's sails are down. A sailboat with sails up and engine on but in neutral is a sailing vessel because it is under sail and it's engine/transmission/prop are not being used to propel the boat.
This response misses the whole point that maneuverability is what establishes your place in the pecking order. A sailboat with sails up and engine on in neutral only has to but the engine in gear to have increased maneuverability over other sailboats. That's why it would be considered a power-driven vessel in the pecking order.
 

Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
This response misses the whole point that maneuverability is what establishes your place in the pecking order. A sailboat with sails up and engine on in neutral only has to but the engine in gear to have increased maneuverability over other sailboats. That's why it would be considered a power-driven vessel in the pecking order.
Propulsion determines RoW, sail v. power in the case at hand. Don't conflate this with COLREGS re: vessel maneuverability.
 
Mar 20, 2012
3,983
Cal 34-III, MacGregor 25 Salem, Oregon
This response misses the whole point that maneuverability is what establishes your place in the pecking order. A sailboat with sails up and engine on in neutral only has to but the engine in gear to have increased maneuverability over other sailboats. That's why it would be considered a power-driven vessel in the pecking order.
Correct. In a court of law this will hold up...

there is no double standard for different boats that have the engine running just because one has sails and the other doesnt sails...

If you dont have an engine in the boat, or if you do have an engine, but its not running, no one will care or will argue why...
but if the engine is running and the machinery is immediatley available for use, it will absolutely be found to be a power driven vessel.... no matter if the transmission was in gear at the moment or if the sails were full or flogging in the wind.... or if the boat does not even have a stitch of sails on it.
If the engine is being used and is available, it can not be argued that "I didnt want to put it in gear because i thought the other boat would move away and avert the accident"... or, "yes, my engine was running, but i had the rightaway over the other sailboat that was bearing down on me"...

The lawyers should be able to clearly see the reasoning in this...
 
Jun 8, 2004
2,924
Catalina 320 Dana Point
Isn't one of the reason racers leave the jib down while motoring with the main before the race sequence starts is to let others know they are a power driven vessel at that point?
Nope, that's so you don't flog the Captain's new $5,000 laminate genny on the way to the start line.
 

Kermit

.
Jul 31, 2010
5,669
AquaCat 12.5 17342 Wateree Lake, SC
Has anyone here learned anything definite? I don't mean told us anything. I mean learned anything.
 
Jun 9, 2004
615
Catalina 385 Marquette. Mi
Exactly as it is in any Captain class. Most people have never actually used charts the way the CG requires, so that's the hardest. Next is Rules because you have no wiggle room. NavGen, DeckGen and Safety are pretty easy. Most of the stuff you should already know, the rest you can look up.
The way the USCG has treated a couple of Pan Pans in the last couple of days in the great UP (sector Soo) is just sickening and nothing short of embarrassing for them. The LAST thing they do is look at a chart. And their radio work was atrocious. But that is another thread.
 

WayneH

.
Jan 22, 2008
1,087
Tartan 37 287 Pensacola, FL
Just remember, this gets tried under Admiralty Law which means both parties in a collision are at fault.

And gross tonnage rules!!!
 
Jun 11, 2011
1,243
Hunter 41 Lewes
This is certainly one use for NOC, but when I was single handing and needed extended sleep, I would bring down the gear and run the NUC lights. You do not need to be disabled to be 'not under command', just not under command.
You are 100% wrong per the COLREGS. RULE 3. General Definitions. (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;

The words "exceptional circumstance" are the key and definitely do not cover your need to pee or sleep. As a matter of fact when you sleep you are breaking one of the most cardinal of rules and that is RULE3 PART B STEERING AND SAILING RULES Subpart I Conduct of Vessels in Any Condition of Visibility RULE 5 Look-out
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

So technically you should never be solo and asleep. I know tons of people have and will continue to do it but if the have a collision they are 100% at fault.

Your telling me you have two all around red lights that you have installed at the top of your mast "where they can best be seen"(so that they are in fact all around and not constricted by your mast and stays) just so you can display them when you sleep? I'd love a picture of that!
 
Mar 26, 2011
3,667
Corsair F-24 MK I Deale, MD
You are 100% wrong per the COLREGS. RULE 3. General Definitions. (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;

The words "exceptional circumstance" are the key and definitely do not cover your need to pee or sleep. As a matter of fact when you sleep you are breaking one of the most cardinal of rules and that is RULE3 PART B STEERING AND SAILING RULES Subpart I Conduct of Vessels in Any Condition of Visibility RULE 5 Look-out
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

So technically you should never be solo and asleep. I know tons of people have and will continue to do it but if the have a collision they are 100% at fault.

Your telling me you have two all around red lights that you have installed at the top of your mast "where they can best be seen"(so that they are in fact all around and not constricted by your mast and stays) just so you can display them when you sleep? I'd love a picture of that!
Imagine his sunrise when the CG comes over to render assistance (the boat is disabled, correct?), and finds that he simply doesn't care to pay attention right now. Hmm.... I think there will be an expensive lecture handed out.
 
Aug 2, 2011
90
Newport 30 MKIII Madeira Beach, FL
75 replies isn't enough. Forgive me if someone else may have said this ...

You see a vessel with sails hoisted. You hear his engine or see his wet exhaust. Is he in gear or not? You don't know.

Best to do what is safest. If I am that vessel I will act as a power boat whether I'm in gear or not. If I am the other boat I will assume he is a power boat who may act as a sailboat and take nothing for granted.
 
May 24, 2012
64
Hunter 42 Florida
75 replies isn't enough. Forgive me if someone else may have said this ...

You see a vessel with sails hoisted. You hear his engine or see his wet exhaust. Is he in gear or not? You don't know.

Best to do what is safest. If I am that vessel I will act as a power boat whether I'm in gear or not. If I am the other boat I will assume he is a power boat who may act as a sailboat and take nothing for granted.
If it is me you see with sails up and you hear my engine or see wet exhaust, it may be my genny which exhaust right beside where the main does. Of course I am going to assume you are an idiot :D and keep an eye on you and do whatever I have to to avoid a collision regardless if I technically have ROW.
 

BayMan

.
Sep 12, 2012
203
Hunter 450 Unspecified
My last comment because 78 replies here is enough.

The first question is over ROW - when is a sailboat a power driven vessel and when is it a sailing vessel. My answer above to that is absolutely correct (my attorney confidence at work) and depends on whether the engine is actually being used to power the boat.

The next question is if there is a collision, who will be guilty of not using an available opportunity to avoid that collision. On that question, if the sailboat with engine on but in neutral could have avoided the collision by puting it in gear then he should have. For that matter, if a sailing vessell could have avoided a collision by starting the engine and putting it in gear, he should have. The boat with the ultimate ROW still has to make an attempt to avoid a collision if he can. But none of that changes who has the ROW when two boats are approaching at 300 yards. For that you go back to the analysis of powerdriven vs sailing, etc. At 300 yards, I cant hear your engine or see your exhaust. I see sails or I dont. I see you moving or I dont. Sails up and you are moving, I treat you as a sailing vessell. Now if you have your engine engaged you know that you are really a power driven vessell and I would expect you to make a move that indicates to me that you are giving way and that I can stand on.

Now, if I can just get everyone to send me your addresses I will have my bills issued promptly. :D
 

Kermit

.
Jul 31, 2010
5,669
AquaCat 12.5 17342 Wateree Lake, SC
Now, if I can just get everyone to send me your addresses I will have my bills issued promptly. :D
If I agreed with everything you said I'd pay my share. And for the record, I agree with most of what you said. But I still wonder if anyone other than Woodster actually learned anything in this thread.