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Old 11-09-2019, 03:36   #61
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Re: Drifting fishermen

MartinR- please read rule
3a (definition of vessel engaged in fishing)
3i (definition of underway)

You are spreading incorrect information and are being part of the problem.



The only possible caveat I have is that you are referring to local inland rules in Sweden and I have no knowledge of them. The rules I'm referring to are the International rules 2014 (the most recent edition.)
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Old 11-09-2019, 04:28   #62
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Re: Drifting fishermen

Quote:
Originally Posted by MartinR View Post
They are fishing, that means that they are not the burdened vessel, you are.

Apart form being incorrect with regard to the meaning of "a vessel engaged in fishing", the use of "burdened" is problematic since it is not does not appear anywhere in COLREGs (or US Inland Rules). The term is subject to interpretation.



Which vessel is "burdened"? The one that is required to maintain course and speed, or the one that has freedom to take avoiding action?
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Old 11-09-2019, 06:19   #63
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Re: Drifting fishermen

Quote:
Originally Posted by CFS Klopas View Post
Maybe, but my state and prob most others has this law:

(b) Upon the immediate approach of an authorized emergency watercraft making use of rotating or flashing visual signals and lawfully making use of a visual signal, the operator of every other watercraft shall yield the right-of-way and shall immediately reduce the speed of the watercraft,

Public safety activities in the US (red and yellow lights) include a lot of things: private towers, harbormasters without power of arrest (most of them), in some places even race committees.



In the US, a blue strobe is a different matter. I don't see that in the Inland Rules so it must show up elsewhere.
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Old 11-09-2019, 14:58   #64
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Re: Drifting fishermen

Quote:
Originally Posted by Auspicious View Post
Public safety activities in the US (red and yellow lights) include a lot of things: private towers, harbormasters without power of arrest (most of them), in some places even race committees.

In the US, a blue strobe is a different matter. I don't see that in the Inland Rules so it must show up elsewhere.



I note the significant difference between Inland Rules "Public Safety activity" and CFS Klopas' State legislation (State unknown, no link) which refers to "emergency watercraft".



That State legislation is really problematic.
"Upon the immediate approach of an authorized emergency watercraft making use of rotating or flashing visual signals and lawfully making use of a visual signal, the operator of every other watercraft shall yield the right-of-way and shall immediately reduce the speed of the watercraft,"


Inland Rule:
"Public safety activities include but are not limited to patrolling marine
parades, regattas, or special water celebrations; traffic control; salvage;
firefighting; medical assistance; assisting disabled vessels; and search and rescue. "


If we are talking about the same alternating red/yellow signal,how do you tell the difference between a boat patrolling a regatta and an "emergency watercraft"?


The legislation says "signals" plural. If the vessel is only showing the single "an alternately flashing red and yellow light signal. " specified in Inland Rules, is it covered by this section?



Is the "rotating or flashing visual signal" the Inland Rule "alternately

flashing red and yellow light signal " or is it some other signal? (Inland Rules make no reference to a rotating signal and no colours are specified in the State legislation).



Does the "and lawfully making use of a visual signal" mean that they also have to make some other visual signal in addition to the rotating/flashing visual signals



Overall, I'd suspect that the State legislation is referring to whatever are the state mandated emergency lights, likely blue strobe, not the Inland Rules signal.
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