People here do seem to insist a stopped vessel encountering all those vessels that can claim right of way should have to move or display NUC. But they also seem to want to claim they would never insist on standing on.
I think the matter remains unresolved according to the rules, but just stay away and the rules are irrelevant.
I may consider showing NUC in future - if my good ship ever get her masts back to hoist something on (no insurance money still after 7 months of being dismasted by Maersk Shekou, so no repairs can be authorised), or I’ll cunningly turn my stern towards the threat and bask in my impervious defensive force shield.
I might add that there are many instances of other sailing vessels (not all the rest) wandering into the path of my sailing ship and I’ve learnt to pretty much ignore them all because most, if not all, are just coming for a closer look and a wave and hello and if altered course away, they simply steer closer. One dinghy once called “starboard” on me in Sydney Harbour when I was sailing on port tack near a crowded event. He came even closer and demanded why I hadn’t tacked out of his way. If I had I would have got tangled in a larger fleet of dinghies and by the time I tacked, he’d be long gone, so I just wished him a happy day.
My point is again, a strict application of steering and sailing rules isn’t always the best or most seaman like way to deal with things and we fall back to more common sense which, I stress again, is also covered by the rules.
I saw mention of a case where the Sydney Harbour ferry hit a becalmed sailboat and the (apparently successful) defense was that since it had sails up, the ferry expected it to be able to move out of the way. (Yes, I know about the orange diamond!). I couldn’t find that case, but I did find various video clips demonstrating how much those ferries don’t care if someone’s in their path!
In short, Rule 2 since it requires the use of good seamanship, but if you want to rely on the definitions in Rule 3 and use Rule 8 then here’s a longer explanation:
Your vessel type is determined by your circumstances not your preferences, and in this case if you are able to maneuver to avoid a collision and risk of collision is present you must maneuver. The difference between stand-on and give way is just a matter of timing. In my mind being becalmed means you are no longer under sail and therefore are either a power driven vessel or NUC. If you are going to claim NUC, you must be unable to maneuver according to the rules due to an exceptional circumstance. Choosing not to use your motor does not constitute an exceptional circumstance so therefore you must use what you are able to use and become a power driven vessel and give way, etc. in accordance to Rule 18
RULE 2
Responsibility
(a) 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.
(b) In construing and complying with these Rules due regard shall be had
to all dangers of navigation and collision and to any special circumstances,
including the limitations of the vessels involved, which may make a
departure from these Rules necessary to avoid immediate danger.
My ship was berthed. I was home in bed. I think the rules gave me fairly solid justification for not getting under way and out of the way. What do you think?
I have long and extensive experience sailing in Sydney Harbour (my favourite (temporary rental) house ever was on the waterfront of Rushcutters Bay, a yachtsman’s Mecca) and can advise not to get in their way, but they are skilful masters and I’ve observed numerous instances where huge, fast ferries avoid dinghies and idiots on paddle boars etc. We used to have even faster hydrofoil ferries at 40 kts which were even more impressive at weaving their way through. At the end of the day, collisions still have to be avoided and they do pretty well.
That’s the rule that requires the other vessel to also observe the ordinary practice of seamen ie go around because he can see plainly a becalmed sailing vessel, something very easy to avoid and something he must avoid anyway if he’s approaching in the sailing vessel’s overtaking arc.
I have to say I’m getting sick of saying that probably fifty times so far in the thread above.
By all means, you can stand on regardless in your power driven vessel and blast your whistle and flash your light and bellow down the VHF demanding this, that and the other but will you be exonerated at the subsequent inquiry. Up to you.
I’m not saying you should just stand on, in fact the opposite, however once extremis has been met both vessels are obliged to maneuver. If a collision were to occur and you stood in front of the inquiry and said “i didn’t maneuver because i was a becalmed sailboat” I would fully expect them to find fault in your actions because you could have maneuvered with machinery and didn’t. If i put a stick and a bedsheet on top of my skiff and tilt up the motor it doesn’t give me a magic get out of jail free card if i choose to not use the motor to avoid a collision regardless of who had the right of way in a given situation. Once you’re in extremis, right of way doesn’t matter. In the case listed they really shouldn’t have used NUC since the vessel was just under way, not making way. The vessel not making way was still partially wrong because they shut down their engine in restricted visibility, failed to maintain a competent watch, failed to display appropriate lights and signals, and failed to maneuver when extremis was reached. The vessel making way was also wrong since they should have maintained a competent watch,
Seen the white all round and avoided. I’d say the majority of the fault was on the vessel making way but there is still fault to be had all around
It’s almost as if you should look inward and acknowledge that you do not, in fact, know everything and you may be wrong considering the amount of responses go against your own ideas.
How do I know you’re becalmed if it’s 3 am and I’m operating without a radar?
It is still VERY common today (at least outside the US) for fishing boats to knock off the whole crew, send everyone to bed, and just leave the NUC lights on while they soak gear and drift nearby.
Neither do you. Nor does everybody else. We all have to know the special circumstances of each instance.
I don’t ever think it is wrong for every vessel approaching another where danger of collision exists to consider taking early action to avoid a close quarters situation, regardless of any rules ie steer to keep clear.
I’ve yet to hear of a specific case of a vessel with some special condition (RAM, NUC etc) colliding with a becalmed sailing vessel (Meme Lord’s AI?) so I suggest before everyone brushes the cobwebs off their rule books to pontificate piously, that you consider the rocking-horse-shit rarity of it ever happening. And then ask if your employer would congratulate you for causing them to be dragged into court or inquiry when you could have altered by 5 degrees at five miles and nobody would have even noticed.
As for the amount of responses against my wishes, so what? All it does in my mind is reinforce my general conviction to stay well away from you lot and we can all be happy. I’ve been called a couple of times by a merchantman at night and asked what those funny coloured lights I have (red over green) mean. One even by a warship of my own navy. That’s the general standard I’m observing. I’m observing ships at 16 knots hitting ships at anchor. Go ask him about rules.
Get off your fat arse and wander out of your air-conditioned comfort and sense the flat calm around you. Or turn your radar on. or consult the AIS. Or, heaven forbid, take regular visual bearings. Or, if still in doubt, call the real captain.
QUOTE:
House of Lords in Mendip Range v. Radcliffe [1921] 1 A.C.556 when considering the test under English law for a vessel to be not under
command:
“If a vessel is in such a condition owing to an accident that she can only get out of the way of another after great and unusual delay, I think she must be considered as “not under command.” [Viscount Finlay]
END QUOTE
SOURCE: COLLISIONS AT SEA
VOLUME 1: Liability and the Collision Regulations
HARRY HIRST
However:
QUOTE:
K.C.
As far as MGN 152 - it’s their job to send out memos, its our job to sail ships.
END QUOTE
Source : this forum 2012 thread
One must agree with both quotes as when the things get funky somebody must control the funkines.
In 100% of cases it is the ship master and not black robed judge with the wig aided by elder breathren crowd of advisers.
Here is what I got out of all this:
Halfway across the Atlantic I am not going to be up and down with shapes and lights when becalmed and my speed is varying between 0 and 0.5 knots.
If I end up stuck not moving and not able to use my engine(s) in a spot where I would normally move, like say in the middle of a narrow channel that no deep draft vessel can move out of, I would take all measures including radio to let everyone know I was stuck there and then call for a tow.
Another corner case: How long does it take to fire up a big cold diesel? If your BigTanker is floating around waiting for clearance into port and you see traffic 20 miles off headed for you, can you start the engine in 5 minutes? 15 minutes? 30? 60?
Not a big engine engineer, but maybe the generator is hooked up in a way to keep it warm?? We could do that on a small cargo ship I was on once, the genset ran block heaters and kept the big Caterpillar warm.
Back to NUC signals (or not).
One thing I have learnt from inspecting vessels of all kinds for many year is that;
if you find two black balls laying on the monkey island, rigged and ready to hoist, there are some serious engine problems, no matter what the Master and Cheng may tell you.
PS> In 1972-73 I was Master on one where that was the case, so I know the drill:
