Rule 19(d) states
"(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:
(i) an alteration of course to port for a vessel forwards of the beam, other than for a vessel being OVERTAKEN"
Note the words “a vessel being OVERTAKEN”. I am fighting a losing battle as everyone is under the assumption that the Rules got the wording wrong on this section. I have always heard this ruled explained that in low viz, a vessel overtaking can alter to port (as would be the case if vessels were in sight). However I believe that the rules are deliberate with their wording specifying that only a vessel being overtaken in restricted visibility can turn to port.
Why would a vessel that is being overtaken be allowed a special privilege to alter course to port in restricted vis? Overtaking situations are only deemed to exist when vessels are in sight (rule 13 is in the ‘in sight’ section). Farwell’s is not helpful in this questions as the wording in section 19(d) is glossed over and is instead used as an opportunity to define ‘radar alone’ and action to avoid collision.
Maybe someone has some knowledge of where this section came about and what exactly deems a vessel to be overtaken in restricted vis. I’d like some insight on how this rule practically applies. Thanks!