T&T: anchor light
Mike. Maurice
mikem at yachtsdelivered.com
Fri Feb 20 13:24:25 EST 2009
> know each other better' and were hit by another boat. As I recall, the lack of
> a proper anchor light factored in pretty heavily in the ensuing legal
> battle.
A "proper anchor light", may or may not have been a factor. The
Admiralty Courts have pretty well decided that failures to follow the
rules that did not affect the actual accident are not faults which can
be used against the vessel. It's not a matter of "proper", but adequate!
What is germane is that there was in fact an accident and this proves a
point that I have made over and over. That lights are to protect you and
your vessel from being run down by others, and only secondarily to
protect you from being cited by the nearest authorities.
There is another issue about anchoring and that is, that it is not a
good idea to anchor directly in the normal path of other vessels
transiting the area, as this has been held to be a legal fault, where an
accident has ensued. But, if necessary to do so, it is then necessary to
take extra precautions (Rule 2). There is NO good substitute for having
avoided a collision in the first place. After a collision, the chances
of escaping further damage while enmeshed in the legal system is near zero.
In case it is not crystal clear, Rule 2 is the rule that will get you,
even after you have followed every other rule to the letter. And being a
recreational boater does not exempt anyone from Rule 2, anymore than
being a recreational car driver will exempt you from the automobile laws.
Mike
_____________________________________
Capt. Mike Maurice
Tigard Oregon(Near Portland)
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