Rule 5 -- Is Single-Handing Illegal?

[john61ct]

Here we go

http://www.cruisersforum.com/forums/...es-206147.html

[Dockhead]

Originally Posted by Paul L

I guess I didn't see this thread being about best seamanship practices. We've had a long thread on the morality of single handing and now this thread on the legality of single handing. So we could close the subject with a trifecta thread on proper seamanship for the single hander.

Sure, but the two things -- seamanship and legality -- are explicitly linked in Rule 2. You cannot analyze the legality of some practice at sea, without analyzing the issues of seamanship raised thereby. These things are inseparable.


People, Rule 2 is THE crucial provision of the COLREGS. Without understanding Rule 2 and what Rule 2 really means, you can't really understand the COLREGS altogether, or how they work, or how we are supposed to interpret and apply them.

[RaymondR]

Perhaps it comes down to:

Should single handers have a legal right to use the sea?

If so, should there be a set of day and night signals to indicate the single handed
status of a vessel in order that other vessels be able to respond to the status
appropriately?

[boatman61]

No.. Singlehanding is Not illegal.. no matter how much the killjoys witter on.
There have never been.. or will ever be in the forseeable future any prosecutions for single handing.
COLREGS are guidelines advisories for vessels at sea and for guidance in event of collisions etc to apportion degrees of blame/fault.
So lets just drop all this legality ******** you lowerdeck layers are so fond off.. we don't function on mud so mud mentality is inappropriate..

[NevisDog]

Well at least Boatman has directly/unambiguously addressed the question. Many times here after an expensive rescue when things turned bad, some folks will argue that solo mountain climbing, or even climbing itself, should be banned. I think I'd rather die in a ditch than see such rules come to pass.

[captpage]

What about the 50+ footer that upon reaching the sea buoy turns on auto pilot to fishing spot and the owners and crew go below for breakfast....more money less brains!
This has actually happen many times and run over many small boats.
I have seen watches have their vessel run over markers, other boats, go aground.
That is civilian and government vessels with STCW Licensed personnel, from all countries.
What about the two large go-fast boat that actually ran over each other in a “no wake area”, on the intercoastal in Fort Lauderdale, couple years back durning the time of the boat show.
The water is the last of the lawless and no consideration - just “self”
Again “more money less brains”
You have not lived when a freighter almost runs you over and no one is on the bridge.
Or a US War ship is not following the runs of the road and all most cut between a tug and a tow. Had to fire flares to get the attention, no radio response...so much for professionalism.

The watch is to protect yourself and laugh at the comedy going around you...so sad!

[Mark Johnson]

Single handed day sailing is fine, but under no circumstances is it responsible or legal for any vessel to be under way without someone on watch, 24/7.

[TeddyDiver]

Don't blink, it's against the rules! (Or the stone angles eat you )

[Mark Johnson]

Originally Posted by roverhi

Who gives a damn. Will continue to solo sail. It's my life that's at risk and, despite what government regulations try to do, i'm responsible for it. Yes there is a very small chance that if I had a collision with another boat that another party could be damaged or injured but it's extremely small that my boat would be big enough to come out the winner.

Coastal passages without keeping watch is dangerous to myself and the boat because of the hard stuff you could run into, not other boats. I try to keep passages to less than 48 hours as I've found out that going sleepless for more than that makes for some entertaining alternate reality experiences.

FWIW, the only time I've come close to being run down wasn't solo and we were maintaining a watch. We were under sail at night with my wife on the helm while I was asleep. She saw the ship but misjudged its speed and course. By the time she woke me up, the ship was nearly on us and an Oh Sh*t tack had us surfing away off the bow wave probably less than 20' from the ship. The ship obviously wasn't maintaining a watch as a few degrees course change would've had them clearing us easily. It wasn't that my wife was playing chicken with the right of way rules, she was fairly new to sailing though had stood night watches in heavily trafficed areas before, and just misjudged the closure rate until it was almost too late to get out of the ship's way.

Save me from those who are trying to save me from myself.

What an utterly irresponsible attitude, born by people living their lives at the expense of others. It is the OTHER boat and THEIR life that matters.

[danielamartindm]

Originally Posted by sailorchic34

As the US coast guard does not stop or arrest the sailors entered in the single handed Transpac, a single handed race from SF to Hawaii, one can say with some assurance that single handing is not Illegal.

I have been stopped for coast guard safety inspections 4 times and not once was I fined or ticketed for sailing single handed. If it really was Illegal, I'm pretty sure I would have been ticketed by now.

Of course things may be different in other parts of the world.

You're right, and the CG certainly has better things to do than regulating boaters like truckers and pilots where sleep is concerned; but just because you don't get a speeding ticket when stopped doesn't mean speeding is legal. I think Dockhead is talking about the letter of the law, which is frustratingly open to interpretation. I don't think there are many precedents dealing with this issue because CG might actually have to find you asleep at the wheel to prosecute, or prove that you were asleep at the time of a collision (and there are no other witnesses on your vessel). While I wish the powers that be would address this issue in the regs for the sake of clarity, we might be better off leaving the issue to the courts on a by-case basis. How much more documentation, regimentation, and rules do we want?

[Pete17C]

Is it illegal to cross the double yellow striped centerline of the roadway while driving*? YES

Does it make sense, and is it prudent to cross the line at times? YES

If there's a mail truck, bicyclist or pedestrian on the side of the road, and no oncoming traffic, nobody is going to get in trouble for crossing the double yellow line to give them a wider berth.

Now if there is oncoming traffic and you cause an accident, that's a different story.

Single handed sailing is not illegal, single handed sailing and causing a collision while not on watch is what will get you in trouble.

Legality and the real world don't always line up.

*I'm in the US, road rules vary, but you get the point.

[yttrill]

What is an appropriate watch depends on circumstances. If it is daylight, and good conditions, and there are no vessels visible nearby, or detected electronically by AIS or Radar, it seems quite reasonable to rest for a short period, depending on a the location. Perhaps 5 minutes if in a shipping channel, or 20 in the middle of nowhere. I do this regularly, and can and have done it for a 5 days straight. It also seems reasonable if 150 miles off shore well out of commercial shipping channels and fisheries, to drop the sails in daylight and calm conditions and sleep for 4 hours. Any other boat around that is moving has a duty to avoid me. I might add .. I can still hear when I'm asleep .. and I can detect changes in sea state and wind conditions as well.

I have to admit, there is a possibility of a collision, which would exist even if I were awake, fresh, and keeping watch: I could hit a submarine.

Just FYI: despite the proceedings no action could be taken against Jessica Watson because the incident occurred in International Waters beyond the scope of either Australian State or Federal governance. The law of the home port, in Queensland, applied on her vessel in international waters but despite the fact Australia subscribes to international law of the sea (in most aspects), the effect of the adoption of the rules still only applies to incidents in national or state waters.

The plain fact is Jessica was so tired she failed to set up and check her AIS and remain alert in a shipping channel. The primary findings of the inquiry were in fact that she should consult with experts regarding fatigue management, which she did.

[surf_km55]

Originally Posted by Dockhead

Well, the Rules are clear -- you must maintain a lookout at all times when you are at sea. If you set off without adequate crew resources to fulfill that requirement, and don't manage to somehow do it by yourself, then you are in violation of the law. That enough guidance for you?.....

I just came upon this thread & was astounded to see 11 pages of discussion, yet the statement above from page one pretty much sums it up.
Discussion closed, AFAIC.

[TeddyDiver]

Originally Posted by Mark Johnson

What an utterly irresponsible attitude, born by people living their lives at the expense of others. It is the OTHER boat and THEIR life that matters.

What an utterly arrogant attitude. It takes two to endanger life of others at sea.

[kered]

I think the Australian Court summed it up very well... By some means you MUST maintain a lookout.
In my personal case, I realized I was a danger to myself without sleep, and always had someone aboard, no matter how clueless, to wake me.
Probably my funniest experience, was being woken, told "There is a Cruise Ship about to run us over", just as the moon rose astern............