Originally Posted by Lodesman
You haven't answered the question. Commonsense does (doesn't?) need to be legislated twice; it's already in Colregs - and you either have it, or you don't. A skipper
that doesn't have the sense to follow the existing rules is hardly likely to follow another rule
that says "use common sense".
First, you purposely distort the NZ rule
to suit your own purposes - it says nothing about "use common sense" nor even infers such.
Second, it is much easier for pleasure boats people to understand one rule that says keep out of the way of ships than it is for them to work their way through the entanglements of the ColRegs during an encounter with a big vessel where a number of clauses might need to be considered. Even professional mariners can have such difficulties at such times as the courts will attest.
Third, experienced small boats people (and I know there are a number here who have been closely associated with small boats all of their lives and I suspect some of those are trying to pass on some learning
from that experience to you) seem to me to have a similar attitude to experienced cyclists. It doesn't matter what the road laws say if you get close to cars and trucks it pays to keep out of their way as much as possible. If either the cyclist or the other vehicles make a mistake the cyclist is sure to end up being the one worst off by far. And people do make mistakes
, collision prevention rules or not.
It doesn't mean that there should be no road laws as you said about the ColRegs in an earlier post to fob of some trying to help you understand this point of view. It just means that when it comes to small boats mixing it with larger much bigger ones, and usually much faster in the case of the small boat being a sail boat, then the safe approach for the small boat is to put itself in the position, when possible, that there is no need for the ColRegs because there is no encounter.
If you don't accept that or understand that then heaven help you. It was to assist in protecting such people that the NZ legislation was written.
I see that you are a naval officer and that your profile infers you are starting out in small pleasure boats (and we all here have started out at some time). Perhaps you should consider whether you have yet made the transition from a military environment
driven by rules, commands and discipline, probably mostly in larger vessels, to understanding the much looser one of mostly amateurs in small vessels sailing casually for pleasure.