Rules of the road - entering a channel

[Dockhead]

Originally Posted by FlightPlan

. . . He probably did not know the rules of navigating in a marked channel, nor did his passengers.. . .

Could you please show us where in the COLREGS you find the "rules of navigating in a marked channel"?

[Dockhead]

Originally Posted by CaptTom

. . . I think this is the point in any NavRules thread where we the pedantics begin. I figured I may as well start it this time.

Go for it!

[rslifkin]

Originally Posted by jim King

I always thought that in a channel, given enough space to pass one another, you do a port to port pass. Each boat passing the other on its port side. However if the entrance is restricted and doesn't have space to comfortably pass one another then the one entering the passage or marina waits for the exiting vessel.

Unless there's a good traffic or depth related reason to do something other than port to port, then yes, that would be the default passing arrangement for opposite direction traffic.

[Shrew]

Originally Posted by Dockhead

Where do you find "restricted navigation by draft" in the Rules, and how does it apply to the OP's case?

Technically, you don't, if you're contesting the verbiage itself. "Constrained by Draft" is what is in the ColRegs.

RULE 18: Responsibilities Between Vessels

(d)

(i) Any vessel other than a vessel not under command or a vessel
restricted in her ability to maneuver shall, if the circumstances of the
case admit, avoid impeding the safe passage of a vessel constrained
by her draft, exhibiting the signals in Rule 28.

RULE 28: Vessels Constrained by Their Draft
A vessel constrained by her draft may, in addition to the lights prescribed for
power-driven vessels in Rule 23, exhibit where they can best be seen three
all-round red lights in a vertical line, or a cylinder. Vessel constrained by her
draft.

NOTE the OP's scenario:

Originally Posted by mow2000

F

Here's a scenario: you are in a channel on a wide bay going from channel marker 2 to 1. A boat is entering the channel from your right at about a 45 degree angle to you. He's on a collision course with you. In open water he is the stand-on boat. You are in a motoring sailboat and might be concerned about departing the channel to allow for his entry or stopping and losing steering control.

The assumption is that the vessel is in a narrow channel. That may, or may not prevent the vessel from giving way. If it's a wide enough channel then there would not be an issue. If the channel is too narrow to give way, then that vessel would need to be giving the proper signals indicating they are constrained.

I had stated that there is no provision for the OP's situation. I theorized that the only exception MIGHT be if the vessel was constrained by depth, though technically, that is not the phrasing I used.

[rslifkin]

In a busy channel, even if it's wide, you could easily be constrained by other traffic in the channel. I've seen cases where turning to give way to someone entering the channel would cause conflicts with multiple other boats. In those cases, the only choice is whether or not to just stop and let the guy go.

[Gypsyjon]

Rule 2 (Responsibility)
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precautions which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.

[slipaway]

When talking about vessels "constrained by draft" keep in mind that term is only used in the International Rules and is not defined in the Inland Rules.

[wholybee]

Originally Posted by Shrew

Technically, you don't, if you're contesting the verbiage itself. "Constrained by Draft" is what is in the ColRegs.

RULE 18: Responsibilities Between Vessels

(d)

(i) Any vessel other than a vessel not under command or a vessel
restricted in her ability to maneuver shall, if the circumstances of the
case admit, avoid impeding the safe passage of a vessel constrained
by her draft, exhibiting the signals in Rule 28.

RULE 28: Vessels Constrained by Their Draft
A vessel constrained by her draft may, in addition to the lights prescribed for
power-driven vessels in Rule 23, exhibit where they can best be seen three
all-round red lights in a vertical line, or a cylinder. Vessel constrained by her
draft.

NOTE the OP's scenario:



The assumption is that the vessel is in a narrow channel. That may, or may not prevent the vessel from giving way. If it's a wide enough channel then there would not be an issue. If the channel is too narrow to give way, then that vessel would need to be giving the proper signals indicating they are constrained.

I had stated that there is no provision for the OP's situation. I theorized that the only exception MIGHT be if the vessel was constrained by depth, though technically, that is not the phrasing I used.

Constrained by Draft is not defined in the inland rules. If the OP is in the US and in channel of a bay, he is inland of the demarcation line.

There are rules regarding navigation in a channel that when vessels meet there be an exchange of blasts to indicate intentions. The meaning of the blasts is slightly different for inland and international. Rule 34. A professional captain was tested on these rules.

[Dockhead]

Originally Posted by Shrew

Technically, you don't, if you're contesting the verbiage itself. "Constrained by Draft" is what is in the ColRegs.

RULE 18: Responsibilities Between Vessels

(d)

(i) Any vessel other than a vessel not under command or a vessel
restricted in her ability to maneuver shall, if the circumstances of the
case admit, avoid impeding the safe passage of a vessel constrained
by her draft, exhibiting the signals in Rule 28.

RULE 28: Vessels Constrained by Their Draft
A vessel constrained by her draft may, in addition to the lights prescribed for
power-driven vessels in Rule 23, exhibit where they can best be seen three
all-round red lights in a vertical line, or a cylinder. Vessel constrained by her
draft.

NOTE the OP's scenario:

The assumption is that the vessel is in a narrow channel. That may, or may not prevent the vessel from giving way. If it's a wide enough channel then there would not be an issue. If the channel is too narrow to give way, then that vessel would need to be giving the proper signals indicating they are constrained.

I had stated that there is no provision for the OP's situation. I theorized that the only exception MIGHT be if the vessel was constrained by depth, though technically, that is not the phrasing I used.

It was a leading question!


People often confuse the CBD rules with the Narrow Channel rules, as you have done in this post. They are different, the substance is different, and it's not just "verbiage".


CBD almost never applies to us and we rarely encounter vessels in CBD status. It does not exist if you are not showing appropriate signals. So this has nothing at all to do with the OP's scenario.


Narrow Channel rules, Rule 9, have been discussed. No signal is required. It applies to you if you are either less than 20 meters or a sailing vessel or both. It applies if the other vessel "cannot navigate safely outside the narrow channel". Your obligation is to "not impede", not to give way.

[requiem]

Originally Posted by mow2000

Here's a scenario: you are in a channel on a wide bay going from channel marker 2 to 1. A boat is entering the channel from your right at about a 45 degree angle to you. He's on a collision course with you. In open water he is the stand-on boat. You are in a motoring sailboat and might be concerned about departing the channel to allow for his entry or stopping and losing steering control.

There appears to be more recent precedent that in such cases, Rule 9 takes precedence over the crossing rule..

“To have two sets of rules with different requirements applying at the same time is of course unsafe and cannot have been intended by those who drafted the Collision Regulations. Similarly, where one vessel is within a narrow channel and has a vessel on her port bow on a crossing course outside the channel but proceeding towards it in preparation for entering it, the vessel in the narrow channel cannot be under a duty (pursuant to the crossing rules) to maintain her course and speed and at the same time under a duty (pursuant to the narrow channel rule) to keep to the starboard side of the channel since the two duties may, depending upon the circumstances, require different action. As Lord Clarke said there would be considerable scope for confusion.

These considerations strongly suggest that in the interests of safety, which of course is the foundation of the Collision Regulations, the crossing rules cannot have been intended to apply where one vessel is navigating along a narrow channel and another vessel is navigating towards that channel with a view to entering it …

I have therefore decided that I should follow the statements of principle by Hewson J. and Lord Clarke. Indeed, I respectfully agree with them.”

His findings were upheld by the Court of Appeal: The Ever Smart [2019] 1 Lloyd’s Rep.5

Also possibly relevant:

This rule of good seamanship appears to be well established. In The Troll River [1974] 2 Lloyd’s Rep.187, the Shavit was approaching on a crossing course from outside the buoyed channel marking the No.1 Fairway into the port of Nagoya, Japan, and the Troll River was proceeding outbound in the channel. Mr Justice Brandon applied this rule of good seamanship, noting that:

“The general rule applicable is that a ship which is outside a fairway should not enter it at such a time or place as will cause danger or difficulty to other ships already in the fairway and proceeding up or down it.”

In finding the Shavit solely (100%) to blame for the collision, he said:

“… it seems to me important to bear in mind throughout that the Troll River was proceeding down a clearly defined buoyed channel and was entitled to expect that no other ship would enter the channel from outside it at an improper time. Against this background I have asked the Elder Brethren whether those on board the Troll River, if keeping a proper visual look-out, should have paid any particular attention to the Shavit before about 0711 when she began to alter to starboard and increase her speed. They advise me that, so long as the Shavit was outside the fairway to the westward, coming slowly ahead on a north-easterly course, there was no need for those on board the Troll River to pay any particular attention to her, because they could reasonably assume that she would remain outside the fairway until the Troll River had passed. I accept this advice …”

(Excerpts from Hirst, Harry. Collisions at Sea: Volume 1: Liability and the Collision Regulations)

[StuM]

Originally Posted by BlackHeron

I think that as long as you are not constrained by draft and can not turn then the other boat is privileged
...
Another boat can't "create" a privileged situation by ....

There is no such thing as "privilege" under the rules
It's a dangerous expression which just reinforces the erroneous concept of "right of way".

[StuM]

Originally Posted by mow2000

First off, let me apologize if this question has been answered a zillion times. I did do a search but probably not extensive enough.

After some recent near-collisions I went back and reviewed the "rules of the road" and cannot find anything that clearly explains the rules on entering a channel.

Here's a scenario: you are in a channel on a wide bay going from channel marker 2 to 1. A boat is entering the channel from your right at about a 45 degree angle to you. He's on a collision course with you. In open water he is the stand-on boat. You are in a motoring sailboat and might be concerned about departing the channel to allow for his entry or stopping and losing steering control.

Or you might not!

Were you "severely restricted in your ability to deviate from the course you were following."


Was it a "narrow channel"?
Were you "exhibiting the signals in Rule 28"

If not, the normal rules apply and you were the give way vessel.


Were you "navigating with particular caution having full regard to your condition"

[StuM]

Originally Posted by Bill Creadon

I suggest you get a copy of the Colregs and do some research to answer your own question. It's all about knowing who had the right of way. Remember the ultimate rule" Avoid all collisions regardless of the right of way as most boaters don't know the rules.

No one has "right of way!.

[mow2000]

Thanks everyone for the input. I guess the bottom line is that if you're in a channel and someone is approaching from outside the channel from starboard on a collision course (both under power) then you should maneuver to avoid them if there's room.

In my case there might actually have been room to turn to starboard to avoid the incoming boat. The chart seems to indicate appropriate depth. But I've always been leery of turning out of the channel in that area. How accurate is that chart? I don't know.

Seems a little crazy that people can cut you off like that but that appears to be the way it is.

[Knotical]

When I am going out of the bay in the channel and I see a vessel on my port trying to enter the channel instead of the port to port passage I turn slightly to port and keep an eye on the other vessel’s heading, almost all the time he gets the idea and we pass each other on starboard. If there’s not enough space for him to pass on my starboard I slow down and let him cross in front of me. Just once I had to radio the other vessel and ask for his intentions, they were exactly what I thought he would do.