Do any of the Steering & Sailing Rules apply to a vessel made fast to the shore in harbour? And on what basis?
For the life of me, I can’t find any answer to this question.
Grateful for any tips.
Generally, the steering and sailing rules only apply to vessels underway (which includes drifting), but in some cases they may apply to vessels at anchor.
I cannot think of a rule, or a case, that specifically requires a docked vessel to get underway, sound whistle signals, etc., but I can think of scenarios where a court might hold that a vessel made fast to a dock was negligent for failing to get underway to avoid danger.
Maybe you are thinking of the common situation where docked vessels leave their running lights on? Or that a docked vessel should keep a lookout and react to events unfolding near them.
Yes, for example: maintaining a lookout at all times.
Or showing navigation lights.
It’s clear that these rules apply at anchor. But I can’t find anything concerning what is required when moored alongside. Cockcroft is silent.
Neither of those 2 specific examples would apply while moored to a dock as they only apply to vessels underway or at anchor. You do see regs regarding the lighting of unmanned barges even if they’re moored.
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When a vessel is moored navigation lights should NOT be shown, specifically to indicate that the vessel is NOT underway.
If a moored vessel is rammed by another vessel it COULD become an issue that the other other vessel mistook it for a vessel underway, thus expected to follow RoR.
I have notice that leaving the navigation lights on at all times is frequently done though, even when moored for a long time.
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There is no provision in COLREGs for vessel made fast to the shore to be required to adhere to the steering and sailing rules. If it were so, then perhaps they would put it in Rule 4 of the Int/Inland rules. Those rules are for vessels underway.
“There is no provision in COLREGs for vessel made fast to the shore to be required to adhere to the steering and sailing rules. If it were so, then perhaps they would put it in Rule 4 of the Int/Inland rules. Those rules are for vessels underway.”
That’s what I would have thought, however, I can’t see anything in the Rules or in any commentary which actually says that the S&S Rules don’t apply in harbour.
In the definitions in Rule 3, “underway” is defined as a vessel not at
anchor, or made fast to the shore, or aground. But different S&S Rules apply to vessels not underway – vessel at anchor for example must display appropriate lights and day shapes, must comply with Rule 5, etc. So you can’t say that these don’t apply to vessels not underway.
So why don’t they apply to vessels not made fast to the shore? I really can’t figure this out.
Ya I dunno, man. I don’t think I’ve come across your question before. To me it’s intuitively obvious and because there is nothing specifically written about it, it is hard to argue. I copied the link to the COLREGs page at NAVCEN. If you don’t find the answer to your question, you can contact the Coast Guard. In fact they encourage it. I have done this before with nav rules questions.
Good luck
WAFI, do you refer to the sailboat that lost its mast and had to be towed away after crashing into the USS Midway ?
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No, not at all. I don’t have a particular case in mind and no ulterior motive in asking the question.
I feel pretty sure that none of the Steering & Sailing Rules apply when a vessel is berthed alongside – and that would include sailboats in marina berths.
However, I can’t figure out why when some of them (like Rule 5) say AT ALL TIMES.
I’m just trying to improve my understanding of how they work.
I will call the Navcenter later today once they are open.
From Rule 5:
by all available means appropriate in the prevailing circumstances and conditions
In a marina tied up in a berth, would a reasonable person expect to be at risk for collision? Would it be appropriate in those circumstances to expect to be safe to “lay below” for the night? You have to read the rule in its entirety with COLREGS.
That’s all pretty moot though, since you’re not underway, and aren’t subject to regulations for preventing collisions at sea in that case. Just make sure your mooring is secure so you don’t wind up underway (and subject to COLREGS) unintentionally.
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I recommend Handbook of the Nautical Rules of the Road by Llana & Wisneskey - it’s free on line here.
It does say “at all times” but it also says “a proper lookout”. The explanation is that the lookout is not a person but a process, a means of collecting information. Vessels often do not have a single person assigned as lookout but that is ok as long the the function of lookout is being performed.
Here is the explanation from Llana & Wisneskey:
The lookout requirement of Rule 5 relies heavily on common sense and good seamanship. If you are able to comply with the Steering and Sailing Rules (Part B of the Rules) and with Rule 34–all of which depend on lookout information–you will no doubt have met the demands of Rule 5. A proper lookout, therefore, provides all the information needed to comply with those Rules
What is a “lookout”? Perhaps the most common image that leaps to mind is that of a lone seaman wearing yellow foul-weather gear and a navy watch cap, stationed at the very bow of the ship and peering out into the gloom to catch a flicker of light or the moan of a foghorn. This perception is misleading. The term, as used by the Rules, denotes not a person but rather the systematic collection of information.
Typically the watch officer of a moored vessel without a constant lookout (in the wheelhouse for example) is going to have enough information to comply with the steering and sailing rules.
And of course Rule 2 applies:
any precaution which may be required by the ordinary practice of seamen,
In almost all cases the ordinary practice of seaman does not require an assigned lookout while moored.
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“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.”
If a vessel is immobile tied up to a pier, there is no risk of it colliding. I interpret “At all times” to include the responsibility to ensure it stays securely tied up.
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As an example, your ship is tied up to a berth that has compactly room for 2 vessels. Another vessel is approaching at a mere beam off. Would it then be a good idea to keep a sharp lookout? The incoming vessel or tugs could make contact, your vessel could surge, your lines could get loose or some snap, the gangway could fall between the berth and the quay, someone could get hurt or fall in the water, the incoming vessel could contact with your own lines, you might have to let go some of yours to give room, etc.
Thence, 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.
Here is the question;
A proper look-out is a regulatory measure that must be maintained;
a) at anchor,
b) at berth,
c) when under way,
d) all these answers.
Your answer is?
Can we assume that you will follow-up with what you think is the correct answer, with citations to support your assertion? And since you begin by making an absolute statement of a regulatory requirement, please cite the regulation.
Of some relevance to trhis discussion, see The Oregon, 158 U.S. 186 (1895).
This article might also be of ineterest.
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Years ago we were in San Juan tied up at the SeaLand terminal working cargo and another ship didn’t quite make the turn coming down the army channel and bounced off us. Fortunately the damage was minor. When the USCG came down to do their investigation one of the questions they asked our Captain was, “What did you do to try and prevent this collision?”.
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Collision Regulations / International Regulations for Preventing Collisions at Sea / Part B — Steering and Sailing Rules / 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.
Which any other regulatory measure do you need?
Rule 7, Risk of Collision
(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.
Rule 34, Manoeuvring and Warning Signals
(d) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. Such signal may be supplemented by a light signal of at least five short and rapid flashes.
Rule 36, Signals to attract Attention
If necessary to attract the attention of another vessel, any vessel may make light or sound signals (Romeo) that cannot be mistaken for any signal authorized elsewhere in these Rules, or may direct the beam of her searchlight in the direction of the danger, in such a way as not to embarrass any vessel.
The suspense is unbearable. What was his answer?