Colregs again

[Montanan]

Remark of the Daily Telegraph news article, December 13th, 2016, regarding this near collision.


"Sydney Hobart racers got a timely reminder that to win a Sydney to Hobart you have to make it out of Sydney Heads without a major drama after a frightening near-miss with the Big Boat Challenge spectator fleet on Tuesday.

Scallywag skipper David Witt said he was literally inches from hitting a small spectator ferry and a maritime boat at the start of the Big Boat Challenge."

. . .

"Unlike Tuesday, a harbour exclusion zone will be in place for the Sydney to Hobart start which endeavours to keep spectators and yachts well away from each other."

https://www.dailytelegraph.com.au/sp...bc6cf4349ee6b3


The 2019 / 2020 special events brochure indicates that there will be marker buoys placed along the channel of the starting area to designate the exclusion zone with the spectators zone designated as outward from the two strings of buoys . The video from 2016 reveals that there was only a starting line marker and there were no exclusion zone markings, hence no unambiguous visual navigational guidance.

Totally amateur hour management of that Big Boat Challenge race. Heck the race patrol boat that was charged to keep spectators away was the one that had to back away from being run into.

They likely learned from the close call of 2016 and have enhanced the control of the crowded harbor racing.



Snipets from the recent brochure.


Special event areas
and exclusion zones
Special conditions apply at major aquatic
events, to allow them to be conducted
successfully and to protect the safety of both
participants and spectators. These include
special event areas where speed and wash
restrictions apply, and exclusion zones which
are out of bounds for recreational craft.
Think of the special event area as the overall
space where navigation restrictions apply,
and the exclusion zone as the event ‘stage’
where only authorised vessels can enter.
Details of the navigation restrictions for
Sydney’s major summer aquatic events are
set out in the maps and tables in this booklet,
notices published in the NSW Government
Gazette and Marine Notices published online
at rms.nsw.gov.au/maritime during the lead
up to the events. Before heading out on the
water, take note of the areas affected and the
times during which the restrictions will apply.

Exclusion zones will be in place either
side of the start line. Spectator vessels
must observe the exclusion zone, follow
instructions from control vessels and keep
clear of competing yachts.

Exclusion zones
Exclusion zones for the major events on
Sydney Harbour are marked by yellow
boundary buoys and/or patrolled by official
control vessels.
• Only authorised vessels
(for example, control vessels)
can enter an exclusion zone
• Exclusion zones will also exist around
vessels participating in special events
such as the Australia Day Ferrython and
Tall Ships Parade

[Montanan]

The 2010 Volvo Ocean Race also had a bit of close call with a cargo ship transiting the fog of Boston.

https://www.youtube.com/watch?v=-NMGBMgKGfk

[marshmat]

Originally Posted by skipmac

OK, bad wording. I'm sitting on my little motor boat with the engine off, fadrift and fishing. I start focusing more on a sailboat off my starboard bow that is approaching rapidly and maintaining a steady course and constant bearing.

If the motor boat was under power and moving then clearly the sailboat would be stand on but what if on the motor boat the engine is off and they are fishing for recreation?

In practice I have encountered this situation many times, always on the sailboat. If I'm sure the motor boat isn't moving or making any move to avoid then I will alter course, well in advance to pass clear of the motor boat.

I

The powerboat's engine is off? It's adrift and not anchored? Then from a COLREGS standpoint, I think it's "Not Under Command" (and ought to fly the dayshapes accordingly), and everyone else should keep clear of it.

If the powerboat's over 7 m long and is not displaying two ball dayshapes in a vertical line (or two red lights in the same pattern, if at night), there's a decent legal case to be made that it is not, in fact, NUC but is instead just an ordinary powerboat, underway and not making way, skippered by a duffer.

COLREGS aside, the operating assumption should always be that an unknown powerboat under 15 m is unlikely to ever display the proper shapes or lights for what it's really doing, or to follow any COLREGS other than those for 2-vessel crossing & head-on. Unfortunate, but true far more often than not.

[Factor]

Originally Posted by goboatingnow

A 1995 court case (Juno SRL v. S/V Endevour) established that the International Yacht Racing Rules (IYRR), or whatever set of racing rules sailboats are racing under, take precedence over the COLREGS during a race.

This case applies only to vessels actually participating in the race. It does not apply to other vessels in the vicinity that are not participating in the race. So, if there were a conflict between racing and non-racing boats the COLREGS will be the defining rules.

Except they don't in Australia unless the permit says they do. EG In QLD Col Regs apply at all times, IN NSW it depends on the aquatic event permit, usually in Syd - Hob and similar, col regs are specifically excluded for bthe race fleet and its Blue Book only and other vessells obey the col regs as well as the specific provisions of the permit.

[StuM]

Originally Posted by marshmat

The powerboat's engine is off? It's adrift and not anchored? Then from a COLREGS standpoint, I think it's "Not Under Command" (and ought to fly the dayshapes accordingly), and everyone else should keep clear of it.

Nope, that one has been debunked many times.



The term “vessel not under command” means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel


Nothing exceptional about a boat drifting while fishing or while the crew is sunbathing or they are waiting for a tidal change.



The boat is ABLE TO MANOUEVRE and keep out of the of another vessel simply by starting the engine.

[GrowleyMonster]

Originally Posted by marshmat

The powerboat's engine is off? It's adrift and not anchored? Then from a COLREGS standpoint, I think it's "Not Under Command" (and ought to fly the dayshapes accordingly), and everyone else should keep clear of it.

Nope.Read Rule 3.

"The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel." (emphasis mine)

Stopping your engine is not an exceptional circumstance. This definition is generally meant to cover stuff like experiencing fire or flooding, a steering gear failure, an engine that has quit and cannot be started, things of that nature. Stopping the engine is a deliberate and controlled event, and a routine one. It can be quickly corrected, in most cases. The mnemonic, FWIW, is "Red over red, Captain is dead" or for singlehanded sailors, "red over red, captain's in bed" LOL. I believe you would have a hard time in court trying to extend 3(f) to include deliberately switching the engine off.

<EDIT> Drat. Stu beat me to it. Too many sharp minds here. I'm done for the night LOL

[Adelie]

Originally Posted by skipmac

Ignoring other issues for now this is what I question.



Under Colregs if a vessel is stationary for whatever reason but not blocking a channel or otherwise impeding navigation but does have the ability to move, is that vessel considered under way for the purposes of Colregs?
.....

Rule 3 (i) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

https://www.navcen.uscg.gov/?pageNam...lgamated#rule3

[Rucksta]

Originally Posted by Hamish_ct

..................... a protest against the RC would have been appropriate for not maintaining a proper starting ...........

To paraphrase parts of section 62 of the RRS.

Competitors may not protest the Race Committee.
If a decision or action of the Race Committee materially affects a vessels placement, through no fault of the vessel, the skipper may request redress.

[StuM]

Originally Posted by Hamish_ct

under US Sailing rules: Rule 24.1 If reasonably possible, a boat not racing shall not interfere with a boat that is racing.

Rules of Racing apply to boats that are sailing in or near the racing area and intend to race, are racing, or have been racing.

That is what is being referred to as "a boat not racing". i.e. one that intends to race (prior to their preparatory signal) or has been racing (after they have crossed the Finish line)

Racing Rules do NOT apply to boats not involved in the racing. COLREGS or Inland Rules apply:

When a boat sailing under these rules meets a vessel that is not, she
shall comply with the International Regulations for Preventing
Collisions at Sea (IRPCAS) or government right-of-way rules.

[goboatingnow]

StuM is quite correct. Racing rules apply solely to boats actively racing. Otherwise colregs apply

[marshmat]

Originally Posted by GrowleyMonster

Nope.Read Rule 3.

"The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel." (emphasis mine)

Stopping your engine is not an exceptional circumstance. This definition is generally meant to cover stuff like experiencing fire or flooding, a steering gear failure, an engine that has quit and cannot be started, things of that nature. Stopping the engine is a deliberate and controlled event, and a routine one. It can be quickly corrected, in most cases. The mnemonic, FWIW, is "Red over red, Captain is dead" or for singlehanded sailors, "red over red, captain's in bed" LOL. I believe you would have a hard time in court trying to extend 3(f) to include deliberately switching the engine off.

<EDIT> Drat. Stu beat me to it. Too many sharp minds here. I'm done for the night LOL

Yes, you are correct of course - if the engine can be readily restarted, then it's an ordinary powerboat. Late-in-a-long-day me was, for some reason, thinking that the engine could not be started. Oops.

[sailorboy1]

“Rules” don't prevent boaters fron doing foolish things!

Heck have people not driven on the interstate to know that rules and laws don’t apply. The same drivers are on boats.

[Dockhead]

Originally Posted by sailorboy1

“Rules” don't prevent boaters fron doing foolish things!

Heck have people not driven on the interstate to know that rules and laws don’t apply. The same drivers are on boats.

That statement belongs to the class of "true but irrelevant". Imagine how much worse it would be WITHOUT rules!

[GrowleyMonster]

And now the other side of the coin.

"Rule 17
Action by Stand-on Vessel
(a)
(i) Where one of two vessels is to keep out of the way of the other shall keep her course and speed.
(ii) The latter vessel may however take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in accordance with these Rules."

But there's more...

"(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision."

Every vessel has a responsibility to avoid collision. The usual action of the stand-on vessel is to maintain course and speed. Two exceptions to this are mentioned above, as well as the stand-on vessel's responsibility to maintain course and speed.

Regarding Rule 13, obviously a sailing vessel is not exempt from the duty to keep clear of a vessel it is overtaking. Just because the sailing vessel is operating under racing rules does not mean she has no duty to keep clear when failure to do so will cause collision.

What it all boils down to, is that in practically every collision, all parties have some share of the blame. Each party has carefully prescribed duties, as well as options or additional duties to be taken when the give-way vessel is not giving way or when it is too late for the give-way vessel to avoid collision by its actions alone.

No collision occurred so all's well, and all that. If a collision had occurred, the blame would have been on both vessels but mostly on the powerboat. The powerboat should have kept clear in the first place. The incident boils down to not so much a master stroke of seamanship, but TWO boaters behaving badly that somehow, as it often happens, did not collide in spite of irresponsible maneuvering.

[sailorboy1]

Originally Posted by Dockhead

That statement belongs to the class of "true but irrelevant". Imagine how much worse it would be WITHOUT rules!

I will spin it the other way

Image how GREAT it would be if people could think and not do foolish things making rules unneeded.

We have proven here lots of times boaters don't know/understand the rules or don't follow them. So .....