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Old 09-12-2008, 10:07   #1
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So Who Has the Right-Of-Way Here?

BanThis.com - Yacht Collision
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Old 09-12-2008, 10:21   #2
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It does APPEAR the smaller vessel is approaching from the starboard side of the larger vessel giving it the right of way. But that did not help him much did it? The only caveat is if the larger vessel is restricted in his ability to maneuver such as a deep draft in a narrow channel. The rules of the road also say ALL skippers must take corrective action to avoid a collision and it would appear but we don't know for sure that neither did so. If they were approaching each other bow to bow, they are both obligated to turn slightly and pass port to port. The other unwritten rule is the bigger guy ALWAYS has the right of way. What a stupid, unnecessary event. We can only hope no one was seriously injured because of someone else's stupidity.
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Old 09-12-2008, 10:28   #3
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They sort of quarter into one another, for sure. How the people on top of the smaller boat were not thrown off is a wonder!
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Old 09-12-2008, 10:31   #4
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Chuck nailed it.

If you're on a boat, this guy always has the right of way:
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Old 09-12-2008, 10:52   #5
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Actually this fellow has the ROW.

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Old 09-12-2008, 10:54   #6
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Almost looks like the bigger boat veared to port a bit....HELLO
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Old 09-12-2008, 11:08   #7
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Quote:
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Almost looks like the bigger boat veared to port a bit....HELLO
I thought that, too. But when I looked again, I think that it was the guy with the camera doing a "duck and brace" moving outboard (to starboard) a little.
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Old 09-12-2008, 11:34   #8
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I have no sound on this computer, so I don't know if a warning was issued, but here we have a person filming this...did they holler a warning to the pilot of the boat?

Also, the carrier pictured is the burdened vessel if the ship behind it is attempting to overtake and pass as they are both going the same direction.
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Old 09-12-2008, 11:38   #9
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There's a lot of stupidity going on there!!!!!!!!!!!!!!!!!!!!!
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Old 09-12-2008, 11:51   #10
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Guzzi,
The overtaking vessel is the burdened (give way) vessel whether power or sail. The new terms are "stand on" and "give way."
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Old 09-12-2008, 12:02   #11
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The answer is NEITHER

The rules aren't complicated in this situation.

Rule 14 applies, since this is a "Meeting" or Head-On situation, not a crossing situation. NEITHER boat is Stand-On, both should turn to Starboard for a Port-to-Port passing.

In any hearing BOTH boats would, and should, be found equally at fault. I hope both these bozos lost their USCG licenses!

RULE 14
(a) Unless otherwise agreed when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other. (b)Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.
(c)When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.
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Old 09-12-2008, 12:05   #12
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unless the larger vessel is restricted in maneuverability.
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Old 09-12-2008, 12:30   #13
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"Restricted in Ability to Maneuver" is only a result of a vessel's working status. Buoy tenders, oil skimmers, dredges, etc. A normal vessel, making normal way, is never "restricted in ability to maneuver". The vessel with the camera man on board certainly doesn't look like such a vessel.

You might be thinking of Rule 9, which covers behavior near vessels that can safely navigate only in a a narrow channel or fairway. This rule ONLY imposes special restrictions on vessels of less than 20 meters or sailing vessels. I'll leave it to your judgment as to if the oncoming boat in the video is over 20 meters or not...
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Old 09-12-2008, 12:50   #14
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No matter who has the right of way...the first thought I had after watching the video was "insurance scam". What are the odds that someone would choose to record an approaching vessel unless they thought something "interesting" was going to take place?
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Old 09-12-2008, 13:50   #15
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Quote:
Originally Posted by GreatKetch View Post
The rules aren't complicated in this situation.

Rule 14 applies, since this is a "Meeting" or Head-On situation, not a crossing situation.
How do you possibly consider this a Head-on situation? Rule 14 specifically states that one should be able to see both sidelights for it to be deemed "head-on" and that is clearly not possible - it is a crossing situation. Obviously the Narrow-channel rule would not apply, but it's not clear whether Rule 10 (Traffic separation schemes) is in play, or if one of the vessels is Not under command. Ultimately no-one has the right-of-way and both vessels failed to avoid collision.
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