T&T: Rules FAQs

[Douglas Gould]

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