Phuket! I have "Right of Way"

[american]

Sailboat hit by dive boat near Phuket, Thailand.

Shocked Danish tourist allegedly pushed from dive boat after hit-and-run accident

Some choice quotes from the article:

“The dive boat was coming from my right side and I wasn’t sure if he could see me or not… I maintained course and speed, which is what I’m supposed to do under the law. I was under autopilot. I wasn’t even steering the boat,” said American Gary Gilbert, who was on the boat with his wife and daughter. “He wasn’t slowing down and he wasn’t altering course. I blew my horn five blasts. Five blasts means collision warning. I gave it to him when he was 100 meters away."

“Still no change in speed and no change in direction. So I hit [the horn] again – five blasts. Then my horn started running out of air.”

At this point the dive boat responded with three horn blasts.

“I didn’t know what it means – it doesn’t mean anything in the marine world. He was less than 50 meters at this point. I jumped and ran to the helm and I released the autopilot and I tried to turn the boat. I couldn’t turn it fast enough.”

Mr Gilbert explained to the Gazette that he didn’t see the dive boat make any change in speed or direction before the collision.

“After the collision the anchor went through my mainsail and all the ropes and lines were tied around his anchor. We were connected together,” he said.

First rule of navigation in Thai waters is that there is no rule of navigation - no right of way. Boats there - especially power boats driven by Thai skippers - DO NOT give way. In fact, the only course correction I've ever witnessed is when they turn to purposely cut across your bow, leaving a massive wake to be crossed. This is their idea of "fun."

"I was under autopilot. I wasn’t even steering the boat"

Hard to feel sympathy for someone who refuses to take control of their vessel when a collision is even remotely possible. Really?

In this situation, everyone is wrong (at least by my read). Being that this happened in Thailand... good luck to the foreign vessel if this goes to court!

[MarkJ]

3 blasts = engins going astern.

Boat coming from the right is the stand on vessel unless the sail boat was sailing. But many locals dont know the rules re sail boats

[Tellie]

Is it just me or do the pictures provided and the statement "“After the collision the anchor went through my mainsail and all the ropes and lines were tied around his anchor. We were connected together,” he said. " not jive?

Halden Marine Services | Marine Watermakers, Solar Panels, Wind Generators

[ErikFinn]

A while back we had a thread here "AIS now compulsory for foreign yachts in Thailand" with regards to the Phuket area, not all of Thailand, in which I commented "This is absolutely nothing but yet another attempt to extract money from foreign yahties." as the requirement was for FOREIGN yachts only, and nothing much if anything is done to improve safety of the domestic vessels and crew.

This recent incident just goes to show that the Thais should concentrate on cleaning up their own act before going after the farangs. Basically what could have happened here was a manslaughter due to blatant disregard to the rules and human life. Throwing a shocked person without a lifejacket should be treated as an attempted murder.

Thailand, CLEAN UP YOUR ACT BEFORE POINTING FINGERS TO VISITING TOURISTS AND CRUISERS!

[TeddyDiver]

Originally Posted by american

First rule of navigation in Thai waters is that there is no rule of navigation - no right of way. Boats there - especially power boats driven by Thai skippers - DO NOT give way. In fact, the only course correction I've ever witnessed is when they turn to purposely cut across your bow, leaving a massive wake to be crossed. This is their idea of "fun."

Cutting across brings luck. Luck is obviously essential for all vessels and vehicles in Thailand..

[american]

Originally Posted by ErikFinn

This recent incident just goes to show that the Thais should concentrate on cleaning up their own act before going after the farangs. Basically what could have happened here was a manslaughter due to blatant disregard to the rules and human life. Throwing a shocked person without a lifejacket should be treated as an attempted murder.

Thailand, CLEAN UP YOUR ACT BEFORE POINTING FINGERS TO VISITING TOURISTS AND CRUISERS!

Before I say anything else, let me be clear that I sail in this area (as it appears you do) and I absolutely HATE the way Thai motor boats handle themselves around sailboats. If it were legal to carry and use an RPG on these boats, I would.

Now. That being said, my questions/comments regarding this incident would remain even if this had all happened in a country where everyone obeys the rules 100% of the time.

Does the skipper of the sailboat, seeing that a collision is imminent, not have a responsibility to make a course correction? Does his being "right" remove responsibility for his vessel, crew, and passengers safety?

The news articles indicate this is a man who sails these waters - therefore he knows what the local situation is like.

Why then would he dare this dive boat to a game of chicken?

As I said in my original post, there's fault on all sides here.

Will be interesting to see how this plays out once the dive boat returns to port. Sounds like there's going to be a lot of video/photo evidence from the divers who were witness to the whole event.

[SimonV]

You need to know the local customs. The boat crossing the bow of another boat causes the bad/unlucky spirits to jump from his boat to the other.

[med]

Originally Posted by american

Does the skipper of the sailboat, seeing that a collision is imminent, not have a responsibility to make a course correction? Does his being "right" remove responsibility for his vessel, crew, and passengers safety?

There is no being "right" in the colregs, just as there is no right of way either.

Clearly both captains were very wrong and both would/will be fined if it comes to a court case.

[american]

Originally Posted by SimonV

You need to know the local customs. The boat crossing the bow of another boat causes the bad/unlucky spirits to jump from his boat to the other.

So we now have a reason for the Danish guy being pushed off the dive boat and into the ocean. The Thai crew obviously thought he was a bad spirit who had jumped onto their boat!

[charliehows]

well, bit late now but try to remember that in thailand, as with the ubiquitous minivan buses, the driving job goes to Somchais slack jawed, drunken cousin who just got out of jail - good luck expecting him to have a f#^!@g clue what he's supposed to be doing...ah Thailand - same,same, but worse...

[David_Old_Jersey]

The simple resolution in Thailand would be for someone to go for a swim with his anchor.

First mover advantage.

[Factor]

Originally Posted by charliehows

well, bit late now but try to remember that in thailand, as with the ubiquitous minivan buses, the driving job goes to Somchais slack jawed, drunken cousin who just got out of jail - good luck expecting him to have a f#^!@g clue what he's supposed to be doing...ah Thailand - same,same, but worse...

Say What. Just a tad racist.

[charliehows]

as Tonto said to the lone ranger when they were surrounded by injuns "what you mean 'we', white man?"

[charliehows]

Hmmm, lets see – Songkran started today, the current death toll is 121, injured 1,251 since about thurs or fri last week – thats for THREE DAYS (still 4 to go). So what's 'racist' about pointing out the lamentable standard of driving ( and , incidentally, boatmanship) in thailand?

[nekkidsailin]

I am a USCG licensed Captain and the ColRegs are *very* Clear:

Stand on vessel has the right of way.

<bunch of other rules removed before and after>

But the ONE rule that overrides ALL the other rules:

As Captain you must take *ANY NECESSARY ACTION* to avoid a collision, even if it breaks some or all of the other rules. If not, *YOU* are liable for the collision (and the other idiot, too, of course).