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From: (no name) (no email)
Date: Wed Oct 06 2004 - 12:28:13 EDT
In a message dated 10/3/2004 11:20:48 AM Eastern Daylight Time,
writes:
In your first, more personal instance I believe that what would apply here
is not two boats in a stand-on/give-way situation. What you describe is one
vessel - you -being RAM (Restricted Ability to Maneuver). From the
description of your vessel in that situation you were clearly restricted in
your ability to maneuver. Accordingly I think that "sail over power"
wouldn't apply, but "RAM over sail" would, in which case you would be in the
right.
Steve,
I don't think there is a restricted situation here. This restricted
situation applies manily to big ships steam along in a channel as in the Chesapeake,
for example. The motorboat here could have easily stopped, turned left, or
after chopping the throttle to avoid getting close to the overtaking boat, have
turned right.
Shallow water was stated to be not an issue.
There' also an obligation to maintain an adequate "watch" and it sounds like
the sailing vessel was not doing that. Had he been maintaining an adequate
watch he would have seen that a course change which he contemplated and
ultimately made would place him in a collision possibility (probability?)
situation.
I think the real problem here is the lack of knowledge of the rules on the
part of the sailing boat captain. Sail-over-power is not an inviolate rule.
There are many exceptions where other vessels have right of way. RAM is
one, CBD (Constrained by draft) is another, as is a trawler actively fishing
with trawls extended. And there's a host of other situations where the
under sail vessel must give way.
But finally bear in mind that not all sailors are courteous. It sounds like
this guy is just an a**hole with a go-fast sailboat who thinks he owns the
water. That mind set is not limited to power boaters as many sailors seem
to think.
It sounds like the guy is just an a**hole to me too. I encounter several
each year. I treat this behavior as a type of insanity and stay out if its way.
Remember the day Jan and I were northbound in Long Island Sound coming to
visit you in OB and were almost run down by the fast, big powerboat coming out
of City Island? I had to back down hard to avoid being struck on the port bow.
It was just this sort of fellow. That Lew really gets around.
I try to avoid any close quarters situations that restrict my ability to stay
out of the way of other boats. If it is inevtiable, I try to get by that
situation as quickly as I can. When a boat (other than a runabout) is overtaking
me in a channel I usually chop the throttle to nuetral to let it pass quickly.
The other situation which you describe is somewhat easier to determine, I
think. Aside from the "rules of the road" schedule, there is also an
inherent obligation not to operate your vessel in an unsafe manner. It
could be construed that the front vessel (the one who released the mainsheet
causing the sudden course change) was being operated in an "unsafe" manner
by being over canvassed for the then current conditions. If it were
determined that way then that front vessel could have been found at fault.
The overtaking vessel has the obligation to stay clear even if there are
errors of technique or equipment on the overtaken boat. Accidents will happen and
we must take care not to compound them by our own actions.
These scenarios highlight the obligation we all have - sail or power - to
keep a careful watch with a 360 deg scan going at all times. And also, like
fighter pilots, we must maintain a high level of situational awareness. Our
case is easier since we're only dealing in one plane - horizontal. But on
watch, we have an obligation to look __all__ around us - including to our
rear and sides.
I agree with this 100%.
Norm
S/V Bandersnatch
Lying Gloucester MA
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