COMMENT: (a) Precautions required by good seamanship or special circumstances refrence : Guide_to_the_Collision_Avoidance_Rules cockroft Some examples of precautions which may be required by the ordinary practice of seamen, or by special circumstances, are the following: 1. A vessel under way would be expected to keep clear of a vessel at anchor as a matter of seamanship. But a vessel under way and stopped must not rely on other vessels keeping out of her way, unless she is not under command and is displaying the appropriate signals; she must comply with the Rules. 2. When a vessel anchors she must do so without endangering other vessels which may be navigating close by. She must not anchor too close to other anchored vessels. Sufficient cable must be put out according to circumstances and a second anchor should be used if necessary. 3. In dense fog a vessel without operational radar may not be justified in being under way at all but should anchor if it is safe and practicable for her to do so. 4. When two vessels are approaching one another at a difficult bend in a tidal river it has been held to be the duty of the one having the tide against her to wait until the other has passed (see page 67–68). 5. The effects of shallow water must be taken into account. A vessel moving at fairly high speed through the water produces pressure fields which become much greater when the flow of water around the ship is restricted. There is a reduction of pressure beneath the ship which causes bodily sinkage so that the vessel is said to ‘squat’ in the water. In addition to an increase in mean draught there will usually be a change of trim, by the bow or stern according to the circumstances. When the depth of water is less than about one and a half times the draught this effect is much more pronounced. If there is shallow water on only one side the pressure fields may cause the ship to sheer away General 3 from the bank which could bring danger of collision if another vessel is passing close by. Interaction between ships due to the pressure fields will also be greater in shallow water and the steering qualities are likely to be affected (see pages 71–73). (b) The term ‘vessels’ includes non-displacement craft, WIG craft and seaplanes by the definition of Rule 3. Dangers of navigation and collision A departure from the Rules may be required due to dangers of navigation or to dangers of collision. For instance, a power-driven vessel meeting another powerdriven vessel end on may be unable to alter her course to starboard, as directed by Rule 14, owing to the presence of shallow water close by to starboard or to the fact that a third vessel is overtaking her on her starboard side. Special circumstances and immediate danger This Rule does not give any vessel the right to take action contrary to the Regulations whenever it is considered to be advantageous to do so. A departure is only permitted when there are special circumstances and there is immediate danger. Both conditions must apply. The departure must be of such a nature as to avoid the danger which threatens. Squadrons or convoys The Mariners’ Handbook draws the attention of mariners to the dangers which may be caused by single vessels attempting to pass ahead of, or through a squadron of warships or merchant vessels in convoy. Single vessels are advised to take early measures to keep out of the way, and the vessels in the squadron or convoy are warned to keep a careful watch and be ready to take such action as will best aid to avert collision. Mariners are expected to take into account the cautions and recommendations given in Notices to Mariners and other official publications but if a vessel in a formation or convoy is approached by a single vessel so as to involve risk of collision the Steering and Sailing Rules must be complied with. Action taken in accordance with the advice to avoid a squadron or convoy on the port bow would not be a departure from the Rules if executed at long range before risk of collision begins to apply (see pages 26–28). Duty to depart if necessary If a departure from the Rules is necessary to avoid immediate danger a vessel would not only be justified in departing from them but may be expected to do so. Tasmania-City of Corinth It is provided by Rule . that, in obeying and construing the Rules, due regard shall be had to any special circumstances which may render a departure from them necessary 4 A Guide to the Collision Avoidance Rules in order to avoid immediate danger. As soon then as it was, or ought, to a master of reasonable skill and prudence, to have been obvious that to keep his course would involve immediate danger, it was no longer the duty of the master of the Tasmania to adhere to the . Rule. He was not only justified in departing from it, but bound to do so, and to exercise his best judgement to avoid the danger which threatened. (Lord Herschell, 1890)  There has been much debate about the COLREGS over the last few years, with many suggesting that it is now time for not just some amendments but a total revision of the Rules. Implementing a complete set of new rules especially new maneuvering rules, or introducing wide-ranging amendments to the current Rules, is a potential recipe for disaster. It would also be a time consuming and costly endeavor, being one that will require international agreement and re-training on a global basis. Collisions at sea are still happening, but whilst the number of collisions each year is not noticeably decreasing the world fleet capacity has increased significantly since the COLREGS came into force. There are more than 90’000 merchant ships trading internationally, transporting every kind of cargo. The world fleet is registered in over 150 nations and manned by over a million seafarers of virtually every nationality. This said, the number of collisions is still unacceptably high, and it is still very much the case that most all collisions are the result of human error and in particular, a failure to properly implement or comply with the Rules. The Rules are not the cause of collisions; the cause of collisions is the failure by mariners to properly comply with the Rules. Proper compliance with the Rules is a seamanship issue, and seamanship is taught and acquired from experience at sea. That many mariners today appear to lack a proper understanding of the Rules and how they are to be applied is not the reason to change the COLREGS. It might be a reason to do so if this lack of understanding arose from the way in which the Rules have been drafted. The COLREGS, however, are simply and concisely worded, and the Rules have been logically arranged; and as noted above, the problem is not with the words used in the Rules but with the meanings of those words. If the shipping industry is serious about reducing the number of collisions it would do better to focus its attention on the way in which mariners are taught the Rules and how to apply them, and not upon the Rules and how they might be changed. It is your responsibility Rule 2 is a vital rule that is often misunderstood. It is different from the majority of the COLREGs because it does not tell you what to do or when to do it. Instead, Rule 2 highlights the fact that you are responsible for your own actions. You are the one who has to make the immediate decision on what to do in order to comply with the rules. Your responsibility is not only to follow the COLREGs – you are also responsible for doing everything necessary to avoid the risk of collision and the dangers of navigation. The rules are very interesting in that respect, they are never wrong, never! Rule 2 says something very interesting ‘special circumstances of the case’, this is where it gets complicated. If you need to not obey by the rules in order to obey by the rules, then the rules are right. If there are special circumstances where you need to do something drastic that is not in the rules, then that is what you have to do. And those are the circumstances of the case and that is covered by the rules. Rule 2(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 precautions which may be required by the ordinary practice of seamen, or by the special circumstances of the case. Rule 2(a) requires you to follow both the rules and ‘the ordinary practice of seamen’. This means that you must always use common sense. The obligation on the part of the owner, Master, or crew to comply with the rules is imperative. They must carry out the duties and take the actions stipulated by the rules. They must also take the precautions required by the ordinary practice of seamen. Failure to comply with the rules of the ordinary practice of seamen may be regarded as a fault which, if it causes damage, will bring about civil liability. Criminal liability may also be invoked where failure to observe the rules is made an offense. Exonerate – to officially state that somebody is not responsible for something that they have been blamed for. (Definition from the Oxford Advanced Learner’s Dictionary) Neglect – to fail to take care of something. (Definition from the Oxford Advanced Learner’s Dictionary) Neglect to comply with these Rules - A vessel does not display appropriate lights and shapes required by the rules. Precautions which may be required - These precautions may be required by good seamanship or special circumstances. Some examples of precautions which may be required by the ordinary practice of seamen, or by special circumstances, are the following:
The ordinary practice of seamen – Good seamanship. Good seamanship serves to fill gaps in the rules which do not provide an answer for all encounters. The regulations do not contain an answer for all encounters. The rules do not contain the whole wisdom of the sea. Even for the duties and actions required by the rules, the contents may not be fixed, and solutions could be found in the concept of good seamanship. Calling the master at the right time is another example of precaution required by the ‘ordinary practice of seamen’. Special circumstances – Not every situation is overlooked in the rules. When the special situation is dealt with, the rules require us to use the ordinary practice of seamen. An example – Overtaking in a TTS. As per Rule 13, we could overtake the vessel from any of her sides. But the precaution as per the ‘ordinary practice of seamen’ suggests that we overtake this vessel from her port side. This is because at the time of overtaking she will most probably alter her course to starboard. (special circumstances) Rule 2(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. Rule 2(b) is often misunderstood so read it carefully. It only allows you to depart from the rules if that is the only way to avoid immediate danger. But, in almost every situation, it is the proper application of the rules that will keep you out of that danger. Rule 2(b) is never a justification for not following the rules properly. Rule 2 allows no excuses. Circumstances can dictate a deviation from these rules, like if the seaman thinks that by following the rules in a special situation the action would endanger the ships, in that case, a deviation may be permitted which will not endanger the ships. For this, if required by common sense that to follow the rules would make a situation worse, then an action may be taken which are different from these rules but would have ensured safety for the vessels. Construing – To understand Dangers of navigation and collision - A departure from the Rules may be required due to the dangers of navigation or to dangers of collision. For instance, a power-driven vessel meeting another power-driven vessel end on may be unable to alter her course to starboard, as directed by Rule 14, owing to the presence of shallow water close by to starboard or to the fact that a third vessel is overtaking her on her starboard side. Limitations of the vessels involved – Vessel constrained by her draught or vessel in a convoy may have limitations to alter course in a crossing situation. Action taken in accordance with the advice to avoid a squadron or convoy on the port bow would not be a departure from the Rules if executed at a long-range before the risk of collision begins to apply. Departure from these Rules - Rule 2(b) is an overriding rule, often called the “Rule of Good Seamanship”. This Rule does not give any vessel the right to take action contrary to the Regulations whenever it is considered to be advantageous to do so. A departure is only permitted when there are special circumstances and there is immediate danger. The departure must be of such a nature as to avoid the danger which threatens. Departure from the rules is justified where four conditions are fulfilled:
All four conditions are to be assessed according to the concept of good seamanship as per paragraph (a) of Rule 2. Remember 1. It is always your responsibility to avoid a collision. 2. Your responsibility is not only to follow COLREGs – you are also responsible for doing everything necessary to avoid the risk of collision and the dangers of navigation. 3. If a departure from COLREGs is necessary to avoid immediate danger you would not only be justified in departing from them but may be expected to do so. 4. Other vessels might have already deviated from the rules to avoid immediate danger. So be careful while applying these rules. 5. The departure from the rules must be of such a nature as to avoid the danger which threatens. Written by Raitis Kirsakmens Master Mariner AFNI |
When 2 power-driven vessels are approaching one another at a difficult bend in a tidal river which vessel shall wait until the other vessel has passed?
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