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10-02-2023, 08:53
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#226
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Registered User
Join Date: Jan 2019
Posts: 150
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
I’ve noticed more and more “seasoned sailors” refusing to use their motors when meandering through marinas to dock their sailing vessels. I’m convinced they are attempting to show-off their maneuvering skills under sail and, in some cases, end up looking foolish and sometimes causing minor to moderate collisions. Their arrogance is not appreciated, at all. Just who are they trying to impress?
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10-02-2023, 08:55
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#227
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Registered User
Join Date: Apr 2005
Location: Seabroook Texas or Southern Maine
Boat: Pearson 323, Tayana V42CC
Posts: 1,536
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Roux
A Strobe light is not an anchor light. It is a light used to annoy everybody around you.
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Disco balls are better
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10-02-2023, 08:55
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#228
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Registered User
Join Date: Nov 2005
Location: At the intersection of here & there
Boat: 47' Olympic Adventure
Posts: 4,892
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by boatpoker
So anyone who disagrees with you is stupid ... Got it.
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You really need to learn to read. I said the argument is stupid. Essentially your argument is that if a vessel runs into an anchored vessel, it has done nothing wrong and can't be held to account, because the Rules apply to collisions, not allisions. That's assuming the debatable point that an anchored vessel is a stationary object.
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10-02-2023, 08:58
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#229
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Registered User
Join Date: Nov 2007
Boat: Seawind 1000xl
Posts: 7,425
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Lodesman
No one "must be moving" at a safe speed - the safe speed rule specifically refers to being able to stop within an appropriate distance. I do leave AIS on at anchor, and keep the VHF on when up and about. If it's foggy, then yes I will use the radar. If appropriate to the situation I would have a 24/7 anchor watch; on my own boat this would be atypical, as I typically would be at a small-boat anchorage and conform to standard practice a la Rule 2.
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ULE 6
Safe Speed
Every vessel shall at all times proceed at a safe speed so that she can
take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
Doesn’t seem as if this rule applies to anchored vessels as it would be impossible to achieve?
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10-02-2023, 09:08
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#230
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Registered User
Join Date: Jun 2015
Location: RI, USA
Boat: Omega 36
Posts: 117
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Unfortunately,*sailors do not have to pass the mental examination.
I was on my seasonal rented mooring, enjoying a sunny day. It was the end of the*season, and very few boats were on moorings. I was hit by a launch service boat at full speed.
Three - four years ago in RI, USA was racing 16' catamarans. Some bad guys on a speed boat run through this race and killed a 60-year-old lady, an experienced sailor.
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10-02-2023, 09:08
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#231
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Registered User
Join Date: Nov 2005
Location: At the intersection of here & there
Boat: 47' Olympic Adventure
Posts: 4,892
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by smj
ULE 6
Safe Speed
Every vessel shall at all times proceed at a safe speed so that she can
take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
Doesn’t seem as if this rule applies to anchored vessels as it would be impossible to achieve?
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And the overtaking rule doesn't apply to two power-driven vessels in a head-on situation. So what? Not every single rule has to be applicable to every single vessel at every moment in time.
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10-02-2023, 09:51
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#232
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Registered User
Join Date: Nov 2007
Boat: Seawind 1000xl
Posts: 7,425
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Lodesman
And the overtaking rule doesn't apply to two power-driven vessels in a head-on situation. So what? Not every single rule has to be applicable to every single vessel at every moment in time.
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Exactly, that’s using common sense and reading between the lines.
My reading between the lines tells me that most if not all of the rules under the “steering and sailing” section is about boats that are underway, not anchored. Plus the steering and sailing title kind of gives it away.
They talk about collision. If I’m at anchor I’m not the one causing the collision it’s the vessel underway colliding with me?
They talk about maintaining a full time watch, a good idea if your vessel is underway but I’ve never known any recreational boater do that while at anchor. What am in going to collide with? I’m not moving.
These of course are my interpretations and I’m sure others will be different.
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10-02-2023, 10:08
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#233
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Registered User
Join Date: Oct 2019
Posts: 771
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Probably a bare boat charter.
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10-02-2023, 10:22
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#234
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Registered User
Join Date: Jan 2018
Boat: 50ft Custom Fast Catamaran
Posts: 12,210
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Kolchac
Unfortunately,*sailors do not have to pass the mental examination.
I was on my seasonal rented mooring, enjoying a sunny day. It was the end of the*season, and very few boats were on moorings. I was hit by a launch service boat at full speed.
Three - four years ago in RI, USA was racing 16' catamarans. Some bad guys on a speed boat run through this race and killed a 60-year-old lady, an experienced sailor.
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I remember that lady in Rhode Island getting killed. That was a serious thing.
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10-02-2023, 10:40
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#235
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Registered User
Join Date: Nov 2005
Location: At the intersection of here & there
Boat: 47' Olympic Adventure
Posts: 4,892
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by smj
Exactly, that’s using common sense and reading between the lines.
My reading between the lines tells me that most if not all of the rules under the “steering and sailing” section is about boats that are underway, not anchored. Plus the steering and sailing title kind of gives it away.
They talk about collision. If I’m at anchor I’m not the one causing the collision it’s the vessel underway colliding with me?
They talk about maintaining a full time watch, a good idea if your vessel is underway but I’ve never known any recreational boater do that while at anchor. What am in going to collide with? I’m not moving.
These of course are my interpretations and I’m sure others will be different.
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You don't have to read between the lines - it tells you that the rules are applicable to all vessels. The "steering and sailing" rules do not have a line that says they are applicable to vessels that are underway, so the previous application to "all vessels" stands. Case law has supported that anchored vessels are required to maintain a lookout. If you maintain a lookout, you can determine if risk of collision exists. There is nothing in the rules that says the rules don't apply to anchored vessels.
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10-02-2023, 11:00
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#236
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Registered User
Join Date: Nov 2007
Boat: Seawind 1000xl
Posts: 7,425
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Lodesman
You don't have to read between the lines - it tells you that the rules are applicable to all vessels. The "steering and sailing" rules do not have a line that says they are applicable to vessels that are underway, so the previous application to "all vessels" stands. Case law has supported that anchored vessels are required to maintain a lookout. If you maintain a lookout, you can determine if risk of collision exists. There is nothing in the rules that says the rules don't apply to anchored vessels.
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As I said, all will not agree, but I feel comfortable with my interpretation as should you feel good about yours.
You produced 4 case law links, 3 came back as page not found and one came back as a link to a law firm defending truckers.
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10-02-2023, 11:17
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#237
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Registered User
Join Date: Jul 2020
Location: Malmo Sweden
Boat: Regina 43
Posts: 662
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Surely a sailboat at anchor is the very definition a vessel that is restricted in its ability to maneuver, in which case any other another vessel under command and not so restricted in its ability to maneuver will be the stand on vessel with ultimate responsibility for collision avoidance.
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10-02-2023, 11:24
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#238
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Writing Full-Time Since 2014
Join Date: Nov 2008
Location: Deale, MD
Boat: PDQ Altair, 32/34
Posts: 10,118
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Lodesman
You don't have to read between the lines - it tells you that the rules are applicable to all vessels. The "steering and sailing" rules do not have a line that says they are applicable to vessels that are underway, so the previous application to "all vessels" stands. Case law has supported that anchored vessels are required to maintain a lookout. If you maintain a lookout, you can determine if risk of collision exists. There is nothing in the rules that says the rules don't apply to anchored vessels.
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In admiralty court it comes down to what portion of the blame falls on each part. In the case of lighting an anchored vessel, blame can be divided if the lighting was in some way substandard (but does not absolve the moving vessel of all responsibility). In the case of keeping a watch, there could be a division of blame if vessel swing or dragging was involved and the crew could have done something. But in a case of being struck by a vessel underway, at speed, there is no division of responsibility resulting from no watch. What would you have done? There was no reason to believe the boat would not tack away at the last moment. Would we all be on deck, with rodes in our hands and engines running, everytime a boat neared our anchorage? No. Sound the horn? When? No.
The failure to maintain a watch did not contribute to the collision IMO. With a ship the math is different.
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10-02-2023, 12:09
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#239
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Registered User
Join Date: Apr 2007
Location: Australia
Boat: Island Packet 40
Posts: 6,501
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by thinwater
In admiralty court it comes down to what portion of the blame falls on each part. In the case of lighting an anchored vessel, blame can be divided if the lighting was in some way substandard (but does not absolve the moving vessel of all responsibility). In the case of keeping a watch, there could be a division of blame if vessel swing or dragging was involved and the crew could have done something. But in a case of being struck by a vessel underway, at speed, there is no division of responsibility resulting from no watch. What would you have done? There was no reason to believe the boat would not tack away at the last moment. Would we all be on deck, with rodes in our hands and engines running, everytime a boat neared our anchorage? No. Sound the horn? When? No.
The failure to maintain a watch did not contribute to the collision IMO. With a ship the math is different.
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__________________
Satiriker ist verboten, la conformité est obligatoire
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10-02-2023, 12:48
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#240
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Moderator
Join Date: Mar 2009
Location: Denmark (Winter), Cruising North Sea and Baltic (Summer)
Boat: Cutter-Rigged Moody 54
Posts: 35,020
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Re: Hitting an anchored boat in a sparsely populated anchorage while under sail
Quote:
Originally Posted by Na Mara
Surely a sailboat at anchor is the very definition a vessel that is restricted in its ability to maneuver, in which case any other another vessel under command and not so restricted in its ability to maneuver will be the stand on vessel with ultimate responsibility for collision avoidance.
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Indeed not.
"(g). The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is
restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of
another vessel. The term “vessels restricted in their ability to manoeuvre” shall include but not be limited to:
(i). a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;
(ii). a vessel engaged in dredging, surveying or underwater operations;
(iii). a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;
(iv). a vessel engaged in the launching or recovery of aircraft;
(v). a vessel engaged in mine clearance operations;
(vi). a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to
deviate from their course."
And showing signals to indicate that status. Note the critical phase "from the nature of her work." It's a common misconception that RAM is anytime you can't easily maneuver. That's not how the Rules work.
__________________
"You sea! I resign myself to you also . . . . I guess what you mean,
I behold from the beach your crooked inviting fingers,
I believe you refuse to go back without feeling of me;
We must have a turn together . . . . I undress . . . . hurry me out of sight of the land,
Cushion me soft . . . . rock me in billowy drowse,
Dash me with amorous wet . . . . I can repay you."
Walt Whitman
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