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From: (no name) (no email)
Date: Fri Sep 14 2001 - 20:06:56 EDT
In a message dated 09/14/2001 2:58:40 PM Atlantic Daylight Time,
writes:
> If you were the judge, what would you decide?
I would have to ask the fellow if he took down the inverted cone when he made
the change from motorsailing to sailing.
It has been ruled by the courts that the conditions that make each vessel
carry-on or give-way are established at the time that a danger of collision
first comes into being and stays that way until there is no longer a danger
of collision. This was mostly in response to overtaking give-way vessels
claiming they became the stand-on vessel as soon as they came into the green
side-light area of the overtaken vessel.
The carry-on vessel is obligated to take all steps possible to avoid
collision when it becomes apparent that collision cannot be avoided otherwise.
The sailboat would be at least partially responsible for damages, how much
would be dependent on the entire senario.
Norm
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