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Subject: Re: [Nml] Rules of the Road While Backing
From: Jonathon C McLendon (mclejc@XXX.XXX)
Date: Wed Feb 10 1999 - 09:08:38 EST
Reply To: mclejc@XXX.XXX
Organization: Alcatel Network Systems - ADSL Engineering
From: mclejc@XXX.XXX (Jonathon C McLendon)
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Hello all,
I suppose I could have worded things a little better. "Override"
is perhaps not the best choice of words. The fact is that all
of the applicable rules apply at all times. What I was referring
to was an observation on my own part (not a statutory requirement)
that the courts have seemed to give a higher precedence to lower
numbered rules. Specifically, in my readings, I have found more
decisions where the lower numbered rule, e.g. Rule 7, was held
to be a causative factor and the higher numbered rule, e.g.
Rule 18, was held to be non-causative.
This could just be due to the judges opening the book and starting
to read from the front.
> Rule 13 says, NOTWITHSTANDING ANYTHING (contained in Rules 4 through 18)
> any vessel overtaking any other shall keep out of the way of the vessel
> being overtaken. I take this to mean that lower rules do *not* override 13
> - except for Rule 2 which discusses responsibility to comply with the Rules
> and avoid danger. Rules 1 and 3 address administration and definitions and
> don't impact the Rule 13 override.
It's sort of a circular logic don't you think? Paraphrasing Rule 13,
it states that notwithstanding anything in Rule 13, ...
One could ask if that means that Rule 13 itself does not apply?
I suppose that means that I'm not the only one with the ability to choose
ones words poorly. In any case, I think we've beat this horse to death.
John...
-- John McLendon - V:919.850.5367 F:919.850.6670 Alcatel Network Systems mclejc@ 2912 Wake Forest Rd. Raleigh, NC 27609 aur.alcatel.com ------------------------------------------------------------------- "Things should be made as simple as possible, but not any simpler." Albert Einstein - spam bait follows -> sales@XXX.XXX admin@XXX.XXX flossy@XXX.XXX =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-= =-= TO UNSUBSCRIBE, send this message to majordomo@XXX.XXX: =-= =-= unsubscribe navigation =-= =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=
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