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Old 06-29-2020, 08:00 PM   #21
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Originally Posted by Benthic2 View Post
1. I have seen far too much idiocy in boats to assume that everyone is well versed in the Col Regs.

2. Isn't one of the regs essentially "do whatever is necessary to avoid a collision" ??

So in some cases it seems the only acceptable course of action is to follow the Col Regs until a collision is imminent......then go back in time, and violate the regs to avoid that collision.
This rule is what I guess you are asking about...it is one of the least understood rules because it expects you to have a lot more experience than I think most rec boaters have.


Rule 2 - Responsibility Return to the top of the page
(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.
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Old 06-30-2020, 03:15 AM   #22
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Quote:
Originally Posted by Benthic2 View Post

So in some cases it seems the only acceptable course of action is to follow the Col Regs until a collision is imminent......then go back in time, and violate the regs to avoid that collision.



I like your interpretation, Benthic2! I guess what psneeld pointed out in post #21 brings us back to this: Follow the rules until you need to break them in order for common sense to prevail!
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Old 06-30-2020, 05:00 AM   #23
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I also added that it is not only common sense that is used to prevent a collision, ut it iui s phrased.....the " ordinary practice of seaman".

The "bigger" than me or " law of tonnage" or" commercial boats/ sailboats always have the right of way" are just a few concepts that inexperienced boaters use to form their navigational decisions that often conflict with following the rules.

It really cant be helped..... as how is a recreational boater really going to absorb what even some pros sometimes barely do?

As was posted earlier...heated discussions can often arise and instructors often point out the common sense arguements still have to follow the rules when the "common sense" is different. Different between the new boaters and old salts (and I am not using an old salt as someone who has been recreational boating for 70 years with mostly sitting on the dock spinning yarns).
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Old 07-06-2020, 12:44 PM   #24
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You did the correct thing in both cases. I live by two basic rules of navigation and boating.
1. get rid of pride
2. the other guy always has right of way
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Old 07-06-2020, 01:52 PM   #25
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May I again say:

Here lies the body of one Michael O'Day

Who died defending his right of way

Mike was right... dead right... as he sailed along

But - he's just as dead af if he were wrong!

Similar to driving on land and flying in the air... when all else fails... take immediate and correct diversionary actions to avert collision. Then get over it; and, sail on!
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Old 07-06-2020, 02:34 PM   #26
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Originally Posted by Shrew View Post
The crazy part about Rule #9 is the inclusion of the verbiage "which can safely navigate only within a narrow channel or fairway."

So it infers that crossing the channel is fine. making the vessel crossing, if on Stbd at 90 degrees, the stand-on vessel, provided that the 'give-way vessel travelling within the channel, has sea room to give way. Which IMHO is ridiculous!!
But who makes the decision about whether or not there is sufficient sea room?
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Old 07-06-2020, 03:28 PM   #27
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I view that issue as follows: I'll maintain course and speed, but if I'm getting close to the point where I may lose my ability to take evasive action and the other boat is not taking suitable action, then I'll alter course or speed as necessary to resolve the conflict.
Rule 2 quoted below pretty much answers your question related to situation 1, and pretty encompasses what people studied in the COLREGS call the General Prudential Rule and the Rule of Good Seamanship.

"(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."

Part (a) says don't be stupid and be a good seaman while Part (b) says you can depart from the rules if the circumstance is 1) special and 2) immediately dangerous.

Was the narrow channel situation you described "special?" Probably not because it only included two vessels in a situation well covered by the COLREGS. So INITIALLY a departure from the rules would not be necessary until the situation developed into one of "extremis" (a special circumstance) where only action by both vessels would be required to avoid collision.

Let's say for a moment the small vessel coming out of the marina sounded the required one prolonged blast of the ship's whistle or, in the case of a vessel under 12 M long, and efficient sound device like a handheld air horn. Thus alerted, you would be aware you had a vessel about to approach from the stbd side. Would you have slowed or clutched to neutral as a precaution? I mean he hasn't yet showed up as a danger, he just made a noise getting underway.

While some may think boats exiting marinas along narrow channels should wait for vessels in the channel to pass as a courtesy, what do the rules actually say? Rule 9(d) says for vessels not to cross the channel, and Rule 34 says you should have hit the horn button five times if you saw immediate danger. If it was not immediately dangerous, Rule 34 (a) is your whistle guide.
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