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From: Douglas Gould (no email)
Date: Mon Apr 02 2007 - 09:38:20 EDT
<sorry about the last post with long sentences...>
Snips from the USCG official Rules of the Road webpages...
http://www.navcen.uscg.gov/mwv/navrules/rotr_online.htm
"The International Navigation Rules do not confer upon any vessel
the right of way however, certain vessels in sight of each other are
responsible to keep out of the way of others. Usually, power-driven
vessels are to keep out of the way of a vessel not under command
or restricted in her ability to maneuver, sailing vessels or a vessel
engaged in fishing. However, some exceptions exist when they
themselves are not in command or restricted in her ability to
maneuver (Rule 18), overtaking another vessel (Rule 13), are navigating
a narrow channel or fairway (Rule 9), and other less explicit circumstances.
Navigation Rules should be regarded as a code of conduct and not
a bill of rights. They do not bestow rights or privileges, but impose
the duty to either give-way or stand-on, dependent on the circumstances.
What is important is not so much what things are, i.e. sailing vessel,
operational, etc., but how to avoid collisions, e.g. although under sail
yet able to be propelled by machinery, obtaining an early warning by
radar, etc. Understand, the Rules are in place to prevent collisions
not to define nautical terms or to be subjected to strict interpretation."
All that said, a vessel under sail that is overtaking a powerdriven vessel
is indeed burdened with the duty to "keep out of the way"... (Rule 13):
"Notwithstanding anything contained in the Rules [of Part B, Sections I
and II / 4 through 18], any vessel overtaking any other shall keep out of
the way of the vessel being overtaken."
Doug Gould
Water Torture
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