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Old 23-08-2011, 05:51   #121
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Re: Red and Green All-Around Lights

Quote:
Originally Posted by goboatingnow View Post
You are selectively applying the COLREGs.
The first proviso of the rules is that a lookout is provided at all times. Hence the concept of unattended vessels is not covered in the COLREGS.

Secondly for a singlehander sleeping can hardly be described as exceptional. In fact it's a normal part of ones activity

In a big ship standing orders may require the capitan to be awoken to issue certain orders. Should they be NUC of course not.

dave

Spot on Dave..

I actually posed the question of single handing/sleeping to the USCG a while back.

Below was the response I got, along with the Granholm case in an attached document.

It does not matter whether one incorrectly interprets / uses NUC lights or not while sleeping, they are still legally unprotected under the COLREGS by not following rule 5. Even if the courts found NUC lights to be of some "help", which I doubt they would based on the use, you'd still get slammed under rule 5, and there is case law that backs this up...

Single handing and the need for sleep is not an exemption for following the COLREGS or incorrectly using NUC lights..

"Greetings,
Regarding single-handed lookouts, the 'best input' has been provided by the Court(s): "It may seem unfeeling to condemn single handed transatlantic sailors for sleeping at night. But they pursue this hazardous avocation voluntarily, and are not exempt from the requirements of prudent seamanship...[this sailor's] decision to go below during the nighttime was negligent. The obligation to maintain a proper lookout falls upon great vessels and small alike."
--GRANHOLM v. TFL EXPRESS, 576 F.Supp. 435, 1984 A.M.C. 943

We hope this answers your inquiry and we exhort you to always navigate safely,

U.S. Coast Guard
Office of Navigation Systems
Washington, DC 20593-7851"



"Rule 5:

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision."
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Old 23-08-2011, 06:52   #122
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Re: Red and Green All-Around Lights

The subject seems to be sinking-avoidance for the sleeping single-hander. Clearly sleeping is illegal and there isn't a legal lighting choise.

Let's assume a few things:
* A large vessel will try to avoid anything they see.

* The speed of a single hander (some racers excepted) is so low while sleeping (most would reef) that the speed of the boat is of limitied consequence in avoiding collision with a large vessel making 18 knots. They will see you as either stationary, drifting, or very slow.

* The simplest vessels to see and identify are generally active comercial fishing boats and cruise ships; it's not the nav lights that give them away, it's the sheer number of lights. There is nothing in the rules stating that additional white work and cabin lights cannot be vissible.

So, with the advent of huge solar banks and low draw LED lighting, would illuminating the sails continuously make some sense? Sure, while sailing it would cook your night vision, but the assumption is you're sleeping. The battery draw down during a cat nap won't matter. I know in some busy harbors it is common to leave a deck light on, for the benifit of late night drunks who don't look up. Thoughts?

No, not good practice, but we're talking collision avoidance far off-shore (if you're sleeping in-shore, you're a nutter).
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Old 23-08-2011, 09:24   #123
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Re: Red and Green All-Around Lights

Quote:
Originally Posted by Maine Sail View Post
Spot on Dave..

I actually posed the question of single handing/sleeping to the USCG a while back.

Below was the response I got, along with the Granholm case in an attached document.

It does not matter whether one incorrectly interprets / uses NUC lights or not while sleeping, they are still legally unprotected under the COLREGS by not following rule 5. Even if the courts found NUC lights to be of some "help", which I doubt they would based on the use, you'd still get slammed under rule 5, and there is case law that backs this up...

Single handing and the need for sleep is not an exemption for following the COLREGS or incorrectly using NUC lights..

"Greetings,
Regarding single-handed lookouts, the 'best input' has been provided by the Court(s): "It may seem unfeeling to condemn single handed transatlantic sailors for sleeping at night. But they pursue this hazardous avocation voluntarily, and are not exempt from the requirements of prudent seamanship...[this sailor's] decision to go below during the nighttime was negligent. The obligation to maintain a proper lookout falls upon great vessels and small alike."
--GRANHOLM v. TFL EXPRESS, 576 F.Supp. 435, 1984 A.M.C. 943

We hope this answers your inquiry and we exhort you to always navigate safely,

U.S. Coast Guard
Office of Navigation Systems
Washington, DC 20593-7851"



"Rule 5:

Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision."
This response seems at odds with the court decision to award compensation to the singlehander DESPITE his failing to maintain watch (as I posted above).

How are we to interpret this example of case law? What is the message delivered to the single hander?

Kinda confusing to me.

Cheers,

Jim
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Old 23-08-2011, 09:39   #124
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Re: Red and Green All-Around Lights

Quote:
Originally Posted by Jim Cate View Post
This response seems at odds with the court decision to award compensation to the singlehander DESPITE his failing to maintain watch (as I posted above).

How are we to interpret this example of case law? What is the message delivered to the single hander?

Kinda confusing to me.

Cheers,

Jim
Not really at odds.

17 B is always a prime directive

Quote:
When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.
As is Rule 2

Quote:
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
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