Hitting an anchored boat in a sparsely populated anchorage while under sail

[smj]

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.

As a matter of good seamanship, a vessel underway would be expected to keep clear of an anchored vessel.

https://www.cambridge.org/core/journ...F36333C48B3D06

[Cynara]

Dosen't matter about the lighting they were traveling to fast in the Anchorage. No excuses.

If anyone wants to know proper speed is dead slow.

And another reason is you shouldn't enter in the dark. Even familiar ones

[Na Mara]

We live to learn. Thanks for that Dockhead.

[Na Mara]

One could also argue though that a pleasure craft’s work includes laying at anchor.

[Lodesman]

Originally Posted by smj

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.

For some reason cutting and pasting from a previous post on this matter cut bits out of the urls.

Try these:

https://www.malleylawfirm.com/mariti...s-an-allision/
https://www.offshoreinjuryfirm.com/m...-an-allision-/
https://www.attorneystevelee.com/fre...ssel-allision/
https://www.funnel2tunnel.com/answer...n-and-allison/

[Lodesman]

Originally Posted by smj

As a matter of good seamanship, a vessel underway would be expected to keep clear of an anchored vessel.

https://www.cambridge.org/core/journ...F36333C48B3D06

Curious choice of article to support your claim - you notice it's titled "The Obligations of An Anchored Vessel to Avoid Collision at Sea"?

From the article:

In addition, a vessel at anchor is still considered ‘at sea’. As such, an effective and proper watch, or watches, must continue to be kept at all times to: verify the vessel's anchor position and proper operation of the vessel's lights and whistle signals; veer additional chain; detect a dragging anchor and take reasonable measures upon the approach of another vessel.

Nice own goal

thinwater - I refer you to the article

[smj]

Originally Posted by Lodesman

Curious choice of article to support your claim - you notice it's titled "The Obligations of An Anchored Vessel to Avoid Collision at Sea"?

From the article:



Nice own goal

thinwater - I refer you to the article

And what is my claim?

[Montanan]

Originally Posted by Dockhead

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.

An anchor or mooring does not restrict your maneuverability, one simply raises the anchor or disconnects from mooring or rode and makes way, veers from lying upon the rode, or shifts the rode in or out. Lying at anchor or mooring may limit one's maneuverability or rate of response of maneuvering but it does not restrict. But it is exactly because one is tethered that one has to be extra diligent as to responding to a risk of collision / allision. This is what is commonly done when lying at anchor to avoid collisions. Geez, you sure as hell don't sit there and let others swing or drag or cruise into you. Ditto if your vessel is the one swinging into others or dragging. If at risk, you quickly change from the place one's vessel is displacing water to a safer place to displace water.

[smj]

Originally Posted by Montanan

An anchor or mooring does not restrict your maneuverability, one simply raises the anchor or disconnects from mooring or rode and makes way, veers from lying upon the rode, or shifts the rode in or out. Lying at anchor or mooring may limit one's maneuverability or rate of response of maneuvering but it does not restrict. But it is exactly because one is tethered that one has to be extra diligent as to responding to a risk of collision / allision. This is what is commonly done when lying at anchor to avoid collisions. Geez, you sure as hell don't sit there and let others swing or drag or cruise into you. Ditto if your vessel is the one swinging into others or dragging. If at risk, you quickly change from the place one's vessel is displacing water to a safer place to displace water.

If one has to be extra diligent because they are tethered then they are restricted by the tether?
I agree with the rest, one can either up anchor if they have the time or try to maneuver away from the imminent collision while still anchored.
It’s the same as driving a car, one must do what they can to divert a collision even if they are in the right.

[Montanan]

Originally Posted by Lodesman

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.

To reiterate my post # 207

An allision is a specific subset of a collision, which allying vessel is just as much subject to the International Regulations.

https://thelawdictionary.org/collisi...s%20stationary.

The Law Dictionary
Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

COLLISION Definition & Legal Meaning

Definition & Citations:

In maritime law. The act of ships or vessels striking together. In its strict sense, collision means the impact of two vessels both moving, and is distinguished from allision, which designates the striking of a moving vessel against one that is stationary. But collision is used in a broad sense, to include allision, and perhaps other species of encounters between vessels. Wright v. Brown, 4 Ind. 9T, 58 Am. Dec. G22; London Assur. Co. v. Compauhia De Moageus, G8 Fed. 258, 15 C. C. A. 379; Towing Co. v. TLtna Ins. Co., 23 App. Div. 152, 48 N. Y. Supp. 927.

The term [My edit: read to say "collision"] is not inapplicable to cases where a stationary vessel is struck by one under way strictly termed “allision" or where one vessel is brought into contact with another by swinging at anchor.
My edit: Note "not inapplicable" means applicable, drop the double negative to make it sensible. Which to rewrite for clarity the above: "The term, collision, is applicable to cases where a stationary vessel is struck by one under way strictly termed "allision" or where one vessel is brought into contact with another by swinging at anchor. And even an injury received by a vessel at her moorings, in consequence of being violently rubbed or pressed against by a second vessel lying along-side of her. in consequence of a collision against such second vessel by a third one under way, may be compensated for, under the general head of “collision.” as well as an injury which is the direct result of a “blow.” properly so called. The Moxey, Abb. Adm. 73, Fed. Cas. No. 9,S94


ALLISION Definition & Legal Meaning

Definition & Citations:
The running of one vessel into or against another, as distinguished from a collision, i. e., the running of two vessels against each other.


And as to the applicability of the International Regulations to vessels, within the USA the language is clear.

Applicability of the International Regulations does not matter if the vessel is underway or not underway.

The applicability of the International Regulations is to:
ALL vessels while upon the high sea; or
in waters connected therewith navigable by seagoing vessels; or
ALL other vessels when on waters of the United States.

The applicable of the regulations is based on the status of a vessel being "upon", "in" or "on" waters, and is not whether the status of the vessel is underway, at anchor or moored.

Copying below:

US CFR § 1603. Vessels subject to International Regulations

Except as provided in section 1604 of this title
and subject to the provisions of section 1605 of
this title, the International Regulations, as proclaimed under section 1602 of this title, shall be applicable to, and shall be complied with by-

(1) all vessels, public and private, subject to
the jurisdiction of the United States, while
upon the high seas or in waters connected
therewith navigable by seagoing vessels, and
(2) all other vessels when on waters subject
to the jurisdiction of the United States.

[Lodesman]

Originally Posted by smj

And what is my claim?

Really!? You need me to tell you what you said?

You claimed rule 7 and implied the entirety of Part B of the Colregs don't apply to anchored vessels.

The article, to which you posted a link, says the opposite. Scored one against yourself.

[Montanan]

One definitely should give way and stay clear from those vessels that are restricted from maneuvering due to the nature of their work being clearing mines.

Always a bit frightening to sail into what one thought was a mooring field to find these instead.

But on the plus side, it is likely that the anchorage will be sparsely utilized.

[Defarm]

A designated anchorage doesn’t require lights for anchored vessels. But vessels underway are required to have running lights appropriate to the type and size of the vessel. Not posting a proper lookout is another offense, sails in the way means the lookout is in the wrong place, particularly navigating in an anchorage. Two all around white lights makes me immediately think of a power vessel with a tow. The rest of what you describe leads me to believe alcohol or drugs were involved. They need to lose their boating privileges. At a minimum, learn the rules of safe boating which includes what lights mean. That’s a life safety issue for all boaters.

[smj]

Originally Posted by Lodesman

Really!? You need me to tell you what you said?



You claimed rule 7 and implied the entirety of Part B of the Colregs don't apply to anchored vessels.



The article, to which you posted a link, says the opposite. Scored one against yourself.

I claimed rule 7 didn’t stipulate that one must transmit a class b AIS at anchor if one owns one.
And the article stated this:

However, there are no direct or clear rules in the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREGs) regarding the obligations of anchored vessels to avoid collision.

[smj]

An old 2012 CF thread on the legalities of a recreational vessel keeping a watch while at anchor.

https://www.cruisersforum.com/forums...hor-89329.html