Newbie - Rules on navigation

[KiwiKen]

Originally Posted by StuM

I VERY strongly doubt that is what the Local Rules a Bylaws actually say.

Do you have a reference for that.

They most certainly Do Refer to Col Reg 1(b)



I was a Navigation and seamanship tutor and Marine Dept Examiner in NZ for a number of years.
I could go to the trouble of looking up the Auckland Harbour Board By-Law reference, to prove a point, but I won't bother.


It is a simple local extension of the Rule 9(b) that states that a vessel of less than 20 metres or a sailing vessel shall not impede the passage of any other vessel which can only safely navigate within a narrow channel or fairway.


Auckland has one of the highest number of pleasure craft per population of any Port in the world. (The Auckland Anniversary regatta is the largest 1 day Regatta in the world) and there are always significant numbers of pleasure craft sailing within the habour and the approaches to the Port.


The Rule is not a great burden to small vessel operators as there is not a high volume of Commercial traffic of Vessels over 500 tons.

[fxykty]

Originally Posted by StuM

I VERY strongly doubt that is what the Local Rules and Bylaws actually say.

Do you have a reference for that.

From the Auckland Harbourmaster website, here is the reference: https://at.govt.nz/media/1144880/nav...ndcontrols.pdf

Item 16 says “Collision preventions
(1) A person must not operate any vessel in breach of Maritime Rule Part 22 (Collision Prevention) made under the Maritime Transport Act 1994.” This is an act by NZ Parliament and applies to all vessels in NZ waters. Part 22 can be found here “https://www.maritimenz.govt.nz/rules/part-22/“. Item 22.10(12) says “A vessel of less than 20 metres in length or a sailing vessel must not impede the safe passage of a power-driven vessel following a traffic lane.”

The Auckland Harbourmaster further refines that in the aforementioned bylaw. Item 54 says “Duty of person in charge of a vessel under 500 gross tonnage
(1) The person in charge of a vessel under 500 gross tonnage must not allow their vessel to impede the navigation of any large vessel if the vessels are in a pilotage area.”

So yes, local rules can overrule certain rules or definitions of the international ColRegs. Learn the ones that apply to the area where you navigate.

[StuM]

Originally Posted by fxykty

From the Auckland Harbourmaster website, here is the reference: https://at.govt.nz/media/1144880/nav...ndcontrols.pdf

Item 16 says “Collision preventions
(1) A person must not operate any vessel in breach of Maritime Rule Part 22 (Collision Prevention) made under the Maritime Transport Act 1994.” This is an act by NZ Parliament and applies to all vessels in NZ waters. Part 22 can be found here “https://www.maritimenz.govt.nz/rules/part-22/“. Item 22.10(12) says “A vessel of less than 20 metres in length or a sailing vessel must not impede the safe passage of a power-driven vessel following a traffic lane.”

The Auckland Harbourmaster further refines that in the aforementioned bylaw. Item 54 says “Duty of person in charge of a vessel under 500 gross tonnage
(1) The person in charge of a vessel under 500 gross tonnage must not allow their vessel to impede the navigation of any large vessel if the vessels are in a pilotage area.”

So yes, local rules can overrule certain rules or definitions of the international ColRegs. Learn the ones that apply to the area where you navigate.

The words "right of way" do not appear anywhere in those Bylaws.


It certainly does NOT say: "Vessels over 500 tons have right of way" which is what I queried.

This is a common misconception.

Your quoted sections do not imply any "right of way", in fact they just extend and clarify the COLREGs "not impede" provisions.

Your attention is drawn to COLREGs Rule 8 f iii:

A vessel the passage of which is not to be impeded remains fully obliged to comply with the Rules of this Part when the two vessels are approaching one another so as to involve risk of collision.
IOW, they are still "give way" to a sailing vessel which infringes Rule 54 or 55. The have NO "right of way"



I will repeat my earlier statement:


"But before it very gets to the point of "risk of collision" and Stand On/Give Way, you need to be familiar with all of the situations which use the expression "not impede"."

[jackdale]

Originally Posted by StuM

The words "right of way" do not appear anywhere in those Bylaws.

The OP is an American. The phrase "right of way" is in the US Inland Rules - at least 3 times. Rule 9 and 14 and Annex V

https://www.navcen.uscg.gov/?pageNam...lesAmalgamated

[StuM]

Originally Posted by jackdale

The OP is an American. The phrase "right of way" is in the US Inland Rules - at least 3 times. Rule 9 and 14 and Annex V

https://www.navcen.uscg.gov/?pageNam...lesAmalgamated

Neither KiwiKen, nor fxykty are American and this particular point concerns the claim that the Auckland, New Zealand Navigation Safety ByLaws states that "Vessels over 500 tons have right of way".

[KiwiKen]

Originally Posted by StuM

The words "right of way" do not appear anywhere in those Bylaws.


It certainly does NOT say: "Vessels over 500 tons have right of way" which is what I queried.

This is a common misconception.

Your quoted sections do not imply any "right of way", in fact they just extend and clarify the COLREGs "not impede" provisions.

Your attention is drawn to COLREGs Rule 8 f iii:

A vessel the passage of which is not to be impeded remains fully obliged to comply with the Rules of this Part when the two vessels are approaching one another so as to involve risk of collision.
IOW, they are still "give way" to a sailing vessel which infringes Rule 54 or 55. The have NO "right of way"



I will repeat my earlier statement:


"But before it very gets to the point of "risk of collision" and Stand On/Give Way, you need to be familiar with all of the situations which use the expression "not impede"."

I await your defence in a New Zealand of exercising your right of way over a vessel exceeding 500 tons moving within the area of the port of Auckland, should a collision or a serious close quarters incident occurs.
I wouldn't bet my own money on you winning your point in a NZ Court, or your Insurance Company showing too much sympathy.


It reminds me of a case in Auckland some 20 plus years ago, where a boat owner driving a large Miami Vice type Gin Palace was giving his amorous intentions to his secretary rather than paying attention to controlling his vessel, and he ran down a 16 yo girl in an OK sailing dinghy, she had to jump for her life.
The Court fined him a lousy $500 plus coats and he had to pay restitution and damages to compensate the girl - his insurance company did not want to know.

I queried to lightness of the fine with Captain Mel Bowen, the NZ Marine Dept's Senior Examiner of Masters and Mates, whose delightful comment was His wife took 50% of his House, Boat, Business and all his assets, so Justice was served in another way .

[StuM]

Originally Posted by KiwiKen

I await your defence in a New Zealand of exercising your right of way over a vessel exceeding 500 tons moving within the area of the port of Auckland, should a collision or a serious close quarters incident occurs.

Would never happen, because I am fully aware that no vessel has "right of way" in any circumstances under COLREGS, NZ Marine Rule 22 which is the NZ implementation of COLREGs, nor under the Auckland Bylaws. I would ensure that I did not impede and would also comply with the "moving prohibited zone".



If however I was in command of a vessel exceeding 500 tonnes I also would not attempt to "exercise right of way" if I saw a power vessel approaching from starboard or a sailing vessel approaching from either side so that risk of collision existed. I would do what I was required to do: Give way and hope fervently that the approaching vessel maintained its course and speed.

[jackdale]

Originally Posted by StuM

Neither KiwiKen, nor fxykty are American and this particular point concerns the claim that the Auckland, New Zealand Navigation Safety ByLaws states that "Vessels over 500 tons have right of way".

After some Google searches, you are correct.

Mea Culpa

[fxykty]

Originally Posted by StuM

Would never happen, because I am fully aware that no vessel has "right of way" in any circumstances under COLREGS, NZ Marine Rule 22 which is the NZ implementation of COLREGs, nor under the Auckland Bylaws. I would ensure that I did not impede and would also comply with the "moving prohibited zone".



If however I was in command of a vessel exceeding 500 tonnes I also would not attempt to "exercise right of way" if I saw a power vessel approaching from starboard or a sailing vessel approaching from either side so that risk of collision existed. I would do what I was required to do: Give way and hope fervently that the approaching vessel maintained its course and speed.

The point the Auckland Harbourmaster rules make about not impeding are because of draft constraints due to lack of water depth outside of the shipping channels within the harbour boundaries (they stretch quite far outside the harbour proper). Hence large ships due to their lack of manoeuvrability move up the priority list well above sailing boats. Ultimately both vessels have the onus of avoiding collision, but within the harbour large vessels remain stand on regardless of the ColRegs thanks to the bylaw.

Colloquially that’s called “right of way”.

Same as the “rule” of tonnage - of course there’s no such rule, but it gets the point across that even if you are the stand on vessel there’s no point waiting until it’s clear the give way vessel didn’t give way enough before you start to avoid collision if that vessel wouldn’t even consider your boat a speed bump.

[KiwiKen]

With Respect to the Port of Auckland the Pilot Area is defined in

Auckland is defined in the Appendix to Part 90 of the New Zealand Maritime Rules :


The area of tidal waters inside a straight line drawn from the northern extreme of the eastern head of the Tamaki River to the southern extreme of Park Point (Te Roreomaiaea);then by the high water mark of ordinary spring tide to the northern extreme of the western entrance to Owhanake Bay; then by a straight line to the south-western most point of Rakino Island; then by a straight line from the northernmost point of Rakino Island to Shearer Rock, then by a straight line to the southernwest extreme of Tiritiri Matangi Island, then by a straight line to the southeastern extreme of Whangaparaoa Peninsula.


This area encompasses the Inner Hauraki Gulf and the Auckland Harbour.


The question is how would one define shall not impede:
I would interpret this to mean failing to avoid any close quarters situation that forced a vessel over 500tons gross to have to alter course or manoevre to avoid a close quarters situation or collision while navigating in the Port Pilotage area.
One should be mindful that the blind spot from the bridge of a fully laden Container vessel commences some 700 metres directly in front of the vessel, and that the vessel will be within the buoyed channel, while there is no need for a vessel of less than 20 metres to navigate within that channel, and if the latter vessel is crossing such a channel then they have an obligation to keep clear and give way to vessels navigating within the channel.

[StuM]

Originally Posted by fxykty

The point the Auckland Harbourmaster rules make about not impeding are because of draft constraints due to lack of water depth outside of the shipping channels within the harbour boundaries (they stretch quite far outside the harbour proper). Hence large ships due to their lack of manoeuvrability move up the priority list well above sailing boats. Ultimately both vessels have the onus of avoiding collision, but within the harbour large vessels remain stand on regardless of the ColRegs thanks to the bylaw.

That's a common and dangerous misconception . The ByLaw does not supercede or change COLREGs/Marine Rule 22.


"To avoid doubt, compliance with this bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws, and rules of law.
(4) Unless the context requires another meaning, a term or expression that is defined in the Act or maritime rule and used in this bylaw, but not defined, has the meaning given by the Act or maritime rule."


And specifically Marine Rules Part 22



22.8 6 c
A vessel the passage of which is not to be impeded remains fully obliged to comply with this section of Part 22 when the two vessels are approaching one another so as to involve risk of collision.

[StuM]

Originally Posted by KiwiKen

The question is how would one define shall not impede:
I would interpret this to mean failing to avoid any close quarters situation that forced a vessel over 500tons gross to have to alter course or manoevre to avoid a close quarters situation or collision while navigating in the Port Pilotage area.

I would take it to mean what your Bylaw says it means
"Impede the passage means to cause a vessel, whether by action or inaction on the part of another vessel, to alter course, alter speed or stop, or to prepare to do something that would not otherwise be done. "

I would also bear in mind the previously quoted Regulations and also Cockcroft:

"Rule 8(f)(i) requires early action from a vessel which must avoid
impeding the passage of anothervessel, when such action is required
by the circumstancesof the case.
Small craft and sailing vessels are therefore expected to take early
action to keep well clear of vessels which can only navigate within
the channel or fairway, without waiting to determine if risk of collision exists. This Rule does not relieve a power-driven vessel which
is restricted to the channel from her obligation to keep out of the way
of a small power-driven vessel being overtaken or crossing from her
starboard side, or of any sailing vessel, if there is risk of collision."

[KiwiKen]

Originally Posted by StuM

I would take it to mean what your Bylaw says it means
"Impede the passage means to cause a vessel, whether by action or inaction on the part of another vessel, to alter course, alter speed or stop, or to prepare to do something that would not otherwise be done. "

I would also bear in mind the previously quoted Regulations and also Cockcroft:

"Rule 8(f)(i) requires early action from a vessel which must avoid
impeding the passage of anothervessel, when such action is required
by the circumstancesof the case.
Small craft and sailing vessels are therefore expected to take early
action to keep well clear of vessels which can only navigate within
the channel or fairway, without waiting to determine if risk of collision exists. This Rule does not relieve a power-driven vessel which
is restricted to the channel from her obligation to keep out of the way
of a small power-driven vessel being overtaken or crossing from her
starboard side, or of any sailing vessel, if there is risk of collision."

Refer Rule 9 b and d
The small power vessel is not required to travel within the bounds of the buoyed navigable channel, and there ore could be deemed to impede the passage of a vessel which can safely navigate within the confines of the channel or fairway.


A vessel crossing a Channel or fairway is obliged not to impede the passage of a vessel navigating within the channel or fairway.


This does not absolve the responsibility of the master of the vessel navigating within the fairway to take action within the regulations to avoid a close quarters situation or a collision, but the actions of that vessel may be relatively constrained .


The fact of the matter is that (un)common sense should suggest that a small vessel under 20 metres in length which is relatively manoeuverable should keep out of the way of vessels that are navigating in a pilotage area and can be relatively constrained in their ability to manoeuvre. i believe that this is the intention of the Auckland Harbour Boards By Law and the 500 Gross tons rule.

[StuM]

Originally Posted by KiwiKen

This does not absolve the responsibility of the master of the vessel navigating within the fairway to take action within the regulations to avoid a close quarters situation or a collision, but the actions of that vessel may be relatively constrained .


The fact of the matter is that (un)common sense should suggest that a small vessel under 20 metres in length which is relatively manoeuverable should keep out of the way of vessels that are navigating in a pilotage area and can be relatively constrained in their ability to manoeuvre. i believe that this is the intention of the Auckland Harbour Boards By Law and the 500 Gross tons rule.

I agree with your 100% on this .

[kas_1611]

An easy way to remember who is the stand on and who is the give way vessel is to think about the lights you can see on the other boat, or that he can see on yours.

If you can see a red light (ie Port) then think of that as a STOP light and do not enter his space so turn. If you can see green (ie Starboard) then you are OK to proceed on course.

If overtaking do so in as safe and efficient manner as possible giving the other vessel room to manoeuvre (exactly as you would on the highway).

Most importantly "It is every captain's responsibility to take all necessary actions to avoid a collision at all times" (or words to that effect). Even if you are the stand on vessel, restricted in your ability to manoeuvre, have local bylaws and tonnage you still have to take all precautions to avoid hitting any other vessel even if you think they are in the wrong.

I suggest taking a course by either the RYA or the US equivalent so that you know and understand the Coll Regs, how to navigate, what all the buoys mean (and the fact the the US has the channel markers arse about face to the rest of the world ) so that when you are on the water you feel confident and relaxed. Otherwise you'll never enjoy the sport.