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From: Arild Jensen (no email)
Date: Mon Nov 20 2006 - 22:56:10 EST
> -----Original Message-----
> From:
> Not trying to be argumentative, but pondering the circumstances.
> Contrast to circumstance of a sailboat (or sailing auxiliary if we
> must), making way under sail, with engines running (perhaps charging
> batteries) but not engaged to transmission (so no mechanical
> propulsion, only sail power).
>
> Is such vessel:
> * a sailboat
> * a power boat
> * a sailboat under power?
REPLY
To get a ruling from an Admiralty court will cost you plenty $$$
And to what purpose? Perhaps you are right. Dead Right!
Standing on your legal rights could be a shocking experience.
Granted that Rule 18 para.iv says a power boat shall stay out of the way of
a sailboat.
But Rule 7 Sub-section a says:
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."
In other words the above question is purely academic. Prudence suggest that
no sailboat operator attempt to demand Rule 18 be observed in the face of
imminent collision or even a close encounter.
And in the above question since the engine is running but not in gear the
act of placing it in gear to evade a collision is the simplest and most
obvious action to take.
regards
Arild
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