T&T: Radar usage

[Bray, Elliott]

Bob,

The Coastguard Navrules FAQ says:
( http://www.navcen.uscg.gov/mwv/navrules/navrules_faq.htm#0.3_10 )

"Am I required to have Radar?

Radar is not required on vessels under 1600 GT (Title 33 CFR part 164.35),
however, Rule 7 states that proper use shall be made of radar equipment if
fitted and operational. In other words, whoever has one must use it.
The Navigation Rules are not meant to discourage the use of any device, rather
they expect prudent mariners to avail themselves of all available means
appropriate...as to make full appraisal of the situation (Rule 5), e.g. the
use of radar. At issue is whether the use of radar is appropriate in the
prevailing circumstances and that is a determination made by the Master; and,
ultimately decided by a trier of fact.

Should you be in a collision how would a judge/jury rule on your contention
that the use of radar was impracticable (due to electrical drain, crew
shortages, etc.)? Also, if a collision does occur, then there was obviously a
risk of collision beforehand. Could the determination of that risk have been
made sooner with the use of radar? It is difficult to answer such questions
because the circumstances of each case are different.
More importantly, remember that Rule 7 specifies that assumptions shall not be
made on the basis of scanty information, especially scanty radar information.
"

I find radar just as useful on a clear day as on one less so. It often picks
up the local fisherfolk before I do and points me toward where to look.



******************************************
Elliott Bray
Gulfstar 44MC  Letitia
Soon to be in winterquarters in Whitehall, MI
www.loopcruiser.com
******************************************



Message: 17
Date: Sat, 1 Sep 2007 22:24:18 -0400
From: "Bob Clinkenbeard" <clinkenbeardb at bellsouth.net>
Subject: Re: T&T: fog
To: trawlers-and-trawlering at lists.samurai.com

---snip---
Am I wrong, in that international rules dictate that if you have radar on
board you must use it at all times regardless of the weather?  Seems I read
that you face a greater risk of liability if an accident occurs and your
radar is not on.
Can someone clarify this and perhaps direct me to the rule?
Thanks,

Bob Clinkenbeard
24' custom trailer trawler
http://home.bellsouth.net/p/PWP-aboardbobbinalong

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