T&T: rules of navigation..sail vs power

[Mike Maurice]

> Okay, so in a crossing situation, the boat under sail is stand on and 
> the power driven boat is give way. How should I interpret that when I 
> am under power and adjust course to pass behind the sailboat and then 
> the sailboat changes course (tacks) and comes back at me.  They are 
> not standing on at that point.  Isn't the sailboat supposed to 
> maintain course and speed until clear of my new path?
> 

An overtaking situation does not convert into some other situation until 
all chance of collision has passed. That also applies to other 
"situations" as well.

"Once an overtaking vessel, always an overtaking vessel", Marsden on 
Collisions at Sea, 1998 ed. See also Rule 13d.

This may not help completely, but a sailing vessel overtaking another 
sailing vessel must keep out of the way of the vessel being overtaken. 
Juno v The Endeavour 1994. This implies that a power boat overtaking a 
sailing boat must keep out of the way, even as if it were a sailing boat 
overtaking.

There are several other rules regarding overtaking which may have to be 
taken into account, Rule 9 and Rule 10, also Rule 18.

The overtaken vessels obligations are in Rule 17.

If this occurs in Inland waters, then the overtaking vessel is obligated 
to ask for assent to pass and once done, the overtaken is obligated to 
maintain course and speed. For if not able to anticipate being able to 
do so, should decline the passing.

Overtaking situations are more dangerous in the respect that they take 
longer, due to the small differences in speed of the two vessels. The 
stand on vessel (overtaken) is obligated to avoid a collision and to 
maneuver if a collision should become likely.


I can not find a case involving an overtaken sailing vessel veering into 
a overtaking power vessel. But, There is nothing to indicate that the 
courts would rule that an overtaken sailboat can veer into any vessel 
that is overtaking without having some blame.

There is a case where a fishing boat veered into a large ship that had 
overtaken a fish boat. The fish boat was faulted but I am not aware of 
how the fault(s) were divided, if any. See Slobodna Plovidba 1988, on 
Lake Michigan. The fish boat was on autopilot and no one was one it's 
bridge, as they were cleaning fish.

In any event, regardless of where the courts might find fault and 
apportion blame in any collision, there is no substitute for being 
blameless from a lack of any such collision occurring.

You can't account for what others may or may not do and may happen if 
everyone is dead on the other vessel. You can only take every precaution 
required by the rules and hope that is enough. And if you see that 
something is developing that requires more, to implement a solution that 
will extract you before the legal flypaper envelopes you.

There is no right to be involved in a collision. There is only collision 
avoidance and everybody is a party to the solution. Sailboats, fish 
boats, vessels not under command and vessels restricted in their ability 
to maneuver do not have unbridled advantages which can be used to cause 
a collision. They each have a place in the "pecking" order, but that 
gives them no "rights" only privileges, not be be abused.


Regards,
Mike

_____________________________________
Capt. Mike Maurice
Beaverton Oregon(Near Portland)