COLREGS Not Under Command

When studying for the Master Mariner exam my class sat in on an enquire about a collision between two fishing boats in the middle of the North Sea.

One of the boats were drifting while the crew was getting some rest. One fisherman was on watch in the wheelhouse. Only one white all-round signal light showing.

The other was returning to the fishing grounds after delivery last catch in Norway.
The “Bestmann” (Mate) had been called home for a family emergency and an experienced fishermen was standing in for him for one trip. This was allowed for a boat of this type and size. Or so the Skipper believed.(Only for return to safe port)

The temp. “Bestmann” testified that he had seen a white light and “20 min. later we hit the white light”. The drfinh boat sunk, but all the crew was picked up by the second boat.

Clear cut case, we thought; one boat drifting and got rammed by the other one in clear weather.
Not so. The blame was divided 80/20, because the drifting vessel did not show correct signals for a vessel not under command, nor did anything to signal the approaching vessel.

PS> Both boats originated from the same island, (Remøy) and nearly the entire crew on both vessels had the surname “Remøy”. Some even had the same first name, which cause some confusion. (The middle name initial was used to identify them)

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I doubt that bit. A vessel drifting ie stopped, is not considered NUC. What was the “exceptional circumstance” that made it unable to manoeuvre? Why was it obliged to keep out of the way?

What would excuse another vessel ramming a single white light? Why would the ramming vessel ie the burdened vessel, expect the other to get out of its way? A single white light could have depicted the stern light of a vessel being overtaken and, hence, the stand on vessel. Or at anchor, or just something with a light on.

A stupid decision if that was the case.

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This happened near 60 years ago, I could be remembering the details wrong.
Could be that as a drifting vessel she should show masthead and stern light, but not running lights.
Showing only a single all round white signal light was in any case the main reason given for the 20% sheare of the blame.

Sorry, I didn’t think of advising the enquiry panel to consult the “Oracle of Oz” before making their judgement. :downcast_face_with_sweat:

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Drifting because I want to, I could turn my engine on and move.
Drifting because the engine died would be NUC.
Am I wrong?

  • I am not sure the 101 ways to set up an autopilot matter, they ran right into an anchored ship.

My comment was a professional assessment of whether NUC lights are appropriate for a vessel simply stopped ie underway but not making way. That vessel did not meet the requirements of NUC as per the definition in the rules.

I assess it is wrong according to the rules.

What’s your professional assessment of my assessment?

In which case the decision was at least questionable. If the other vessel approached from astern it would only see a single white light. What’s the difference? Who’s allowed to ram a single white light? The other vessel was always obliged to keep clear.

At the very least the panel could have consulted the rules perhaps. And 60 years ago I was still at school, but I knew the rules from sailing.

Not necessarily. NUC essentially means that you are unable to keep out of the way of another vessel when required to do so by the rules. If you are simply stopped and drifting, most (not all) other vessels would be obliged to keep clear. The exceptions might be a vessel constrained by draught if you were drifting in or near his navigable channel etc ie exceptional.

“The other vessel” got 80% of the blame for ramming a vessel, regardless of what the only person on watch in the wheelhouse believed, or should have believed.

The fact that he was an unlicensed “experienced fisherman” was also a factor.
(This was allowed if the “Bestmann” had been incapacitated while at sea, but only to reach safe port. In this case they had left from a safe port)

PS> Can’t remember if the fact that the one man on watch on the “Sjøbris” was also an unlicensed fishermen came up.

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So what would my lights/shapes be if there is no wind, the engine won’t work, and I am not blocking a channel?

NUC. Don’t overthink it.

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Normal running lights for your vessel type. Your engine issue is only of concern if another vessel comes along and, for some very particular reason, is constrained from altering course, in which case explain on VHF. In all other cases vessels are required to keep clear.

I disagree. Under what circumstances would a vessel stopped be required to “manoeuvre as required by the rules”? You are stopped for whatever reason and another vessel comes along and is required to keep clear anyway. If you are stopped, you have no requirement to move to keep out of the way of another vessel.

Which rule requires that?

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The definition of NUC is “through some exceptional circumstance is unable to maneuver…and is therefore unable to keep out of the way of another vessel.”

I’d say if your engine isn’t working and you aren’t anchored, then you are unable to maneuver due to an exceptional circumstance.

Turn on NUC lights, change the AIS, and then nobody is going to come near you and there’s no reason for VHF calls.

Done it all the time when drifting. Technically NUC? No. Easier to get the point across? Yes.

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I agree to a point. My point is that you could show any colour lights in any combination in any part of the vessel and the result is the same - other vessels go around, not through you.

I see you left out the bit that says, “as required by these rules”.

You are unable to manoeuvre, but no rule requires you to manoeuvre. That’s the key.

That’s not how the rules work tho. That’s just poor seamanship.

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The rules don’t require a stopped vessel to start moving. That’s also my point.

It’s even worse seamanship to ram something stopped in the water with lights on, don’t you think?

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:unamused_face:

Forgive me for being lazy while typing on my phone.

Then why does the NUC category exist? And why does it take priority over every other category?

It exists because there are circumstances when the definition applies and a vessel is unable to manoeuvre as required by the rules ie in an expected way. We can’t think of all those circumstances now.

We used to practice steering warships without the rudder by different revs on one engine. That would be a circumstance because the rudder was unserviceable. The ship is moving ahead but not under an expected amount of control.

NUC isn’t meant to be a special force field that repels all other ships and keeps you safe.

Off topic so I deleted. I’d like to keep this thread open and on topic. can we move the rules dissertation somewhere else?

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If you know how that’s done, by all means, go ahead.

NUC is a great topic. May be @Kennebec_Captain can split this part?

(f)
The term ‘vessel not under command’ means a vessel which
through some exceptional circumstance is unable to manouvre
as required by these Rules and is therefore unable to keep
out of the way of another vessel.

Anybody care to define " exceptional circumstances" or provide a comprehensive list of such?

Is mere drifting while waiting for berth or ship chandler or pizza delivery in such category?