Technically, under the Rules, there are only three situations whereby one of two vessels while underway can sustain a collision by the other. These three situations are known as: Overtaking, Head-On (or meeting), and Crossing.

For this article, we are going to address the Overtaking situation and follow up with both the Head-On and Crossing situations in future blogs.

Overtaking – for all intent and purposes, one vessel more so in front of another and both traveling in the same direction. The vessel behind chooses to alter course to port or starboard and “pass” the vessel in front of them…hence, overtaking the forward vessel.

Both the International and Inland Rules define Overtaking as follows: (a) Notwithstanding anything contained in the Rules of Part B, Sections 1 and 2, any vessel overtaking any other shall keep out of the way of the vessel being overtaken. (b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft (slightly behind) her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights. (c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly. (d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

In an overtaking situation, there is clearly a Stand-On Vessel and a Give-Way Vessel. Both have specific rules as to their conduct in this situation. The vessel overtaking, or passing the other vessel, is known as the Give-Way Vessel. The vessel being overtaken is known as the Stand-On Vessel.

Action by the Give-Way Vessel is defined in Rule 16: “Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well and clear.” The action of the Stand-On Vessel is defined in Rule 17: “(a)(i) Where one of two vessels is to keep out of the way (the Give-Way Vessel), the other (the Stand-On Vessel) 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 compliance with these Rules” 

In an Overtaking situation, the Give-Way Vessel may choose to alter its initial course to port or starboard, which ever seems the most safe and prudent choice, in an effort to begin the maneuver to overtake the Stand-On Vessel. The proper whistle signal is one short blast to starboard or two short blasts to port. Remember, under Inland Rules, the Give-Way Vessel is required to signal its intent, and, must in turn receive an agreement from the Stand-On Vessel before proceeding with the maneuver. The agreement whistle signal will be the same as the initial whistle signal…one short blast from the Stand-On Vessel means it’s okay to overtake me on my starboard side, or two short blasts means it’s okay to overtake me on my port side. Please note, under International Rules (with the exception of Rules 9 & 34(c), this formal agreement by the Stand-On Vessel is not required.

Also, remember that the Stand-On Vessel may signal five short blasts after hearing the initial whistle from the Give-Way Vessel. Five short blasts indicates that the actions or intentions are not understood, or that the other is not taking proper action to avoid a collision, or there is an apparent danger seen by the Stand-On Vessel that may not be seen by the Give-Way Vessel. Five short blasts are commonly known as the danger signal. Should the Stand-On Vessel respond to the Give-Way Vessel with five short blasts after learning of its intent to overtake her, the Give-Way Vessel shall maintain its position until both vessels can reach an agreement.

In summary, an overtaking situation brings two vessels closer together dramatically increasing the risk of collision. The proper use of whistle signals and understanding your role as either the Give-Way or Stand-On vessel is incredibly important to the safety of all concerned.

In closing, I invite you visit our on-line marine store at www.AmericanMarineSupply.com to shop for boating accessories, supplies and equipment. We’ve added a very fine collection of nautical clocks, tide clocks, and ship’s bell clocks as well great nautical gift ideas for every mariner. Thank you for your time and consideration.



Respectfully,

Charles Morris

President and USCG Licensed American Boat Captains, LLC

As owner and president of American Boat Captains, LLC, I am often asked to lecture on the USCG Navigation Rules, better known as the "Rules of the Road". With that in mind, we have created this blog to provide the recreational boater with a more clear understanding of those rules and to offer a forum to discuss the rules and responsibilites of each boater while underway.

During each and every lecture, I can be assured that someone will ask a variation of the following question: I am a weekend boater, not a professional or a commercial captain. I take my friends and family out for a boat ride...nothing more. Am I required to follow these rules too?

The answer is a resounding...YES! 

First, let's be very clear...under the International Rules, Part A - General, Rule #1 states that "These Rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels."

The same section of the Inland Rules states that "These Rules  apply to all vessels upon the inland waters of the United States, and to vessels of the United States on the Canadian waters of the Great Lakes to the extent that there is no conflict with Canadian law."  

The key words in each of these rules are "all vessels". Both sets of Rules define the word "vessel" as follows: "The word "vessel" includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water."

So, what does that mean to me? If you own a power boat or sail boat, you own a vessel. If you own a raft or a canoe, you own a vessel. If you own and operate any description of water craft that is used or capable of being used as a means of transportation on the water...you own a vessel and therefore...you are responsibile to know and follow the Rules of the Road.

My advice to each and every boater is to buy and read a copy of the USCG Navigation Rules. For those of you who own a vessel of 39.4 feet or greater...you are required under USCG regulations to keep a copy on board.

In closing, I hope this information has been helpful. I will be discussing both Rule #2 and #3 in our next blog. Please send us any questions or comments you may have and should you be looking for a great web site for boating equipment, supplies, and accessories please visit our on-line store at www.AmericanMarineSupply.com

Respectfully,

Charles Morris

President and USCG Licensed Master - American Boat Captains, LLC

The Rule states, under both International and Inland, that "(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt, such risk shall be deemed to exist."  

"(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects."

"(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information."

"(d) In determining if risk of collision exists the following considerations shall be among those taken into account: (i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change; and (ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range."

Make no mistake about it...if a collision occured, there had to be a "risk of collision" prior to the collision. Vessels generally don't simply appear out of thin air...or do they? 

Remember, the "Rules of the Road" were written to include all vessels, large and small, with or without radar or any other sophisticated electronic warning systems. Each and every Rule is designed to prevent collisions.

It's interesting to note that in several studies, the majority of collisions were caused by basic errors of navigation usually with one of the vessels moored or at anchor. In these studies, only 21% or so were underway at the time of the collision.

Contributing factors to the collisions, in order of frequency, were: inefficient watch keeping, excessive speed, lack of assessment of the situation, lack of early positive action, passing or overtaking too close, failure to observe traffic schemes, incorrect lights or signals, mechanical failure, and negligent maneuvering.

In all three situations, overtaking, meeting, or crossing, in clear visibility or restricted visibility, inefficient watch keeping and/or a bad radar lookout was the largest cause for the collision. Excessive speed was second followed by simply getting into close quarters unnecessarily.  

For those of you who own vessels, large or small, equipped with operational radar or not, you are required under Rule #5 to maintain a Proper Look-Out at all times. (Rule #5 is discussed in a previous entry). If you do not, you may be guilty of inefficient watch keeping. If your vessel is equipped with radar, is it operational and are you and your look out properly trained in its use? Do you really understand what you're looking at? If not, I would strongly suggest seeking professional training...it very well could save your life as well as the life of others.

As far as excessive speed is concerned, I refer to Rule #6 - Safe Speed (this is also discussed in a previous entry). Excessive speed reduces your ability to maneuver, your ability to stop in an appropriate distance, and your ability to take proper and effective action to avoid a collision.

In summary, please remember, if there is any doubt in your mind that a risk of collision may exist, consider the risk to be a reality and take appropriate action. As my mother would say, "better safe than sorry"!

I hope this information has been helpful and I invite you to visit our on-line store for any boat accessories, boat supplies or boat equipment you may need. AmericanMarineSupply.com also has a large selection of nautical gifts, nautical clocks, tide clocks, engine parts, fiberglass repair supplies, navigation equipment, and much, much more. Your visit and consideration would be greatly appreciated.

Until next time...stay well and Happy Holidays from our family to yours!

Respectfully,

Charles J. Morris - President & USCG Licensed Master

American Boat Captains, LLC 

The Rules address the question of safe speed as follows: "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." 

Seems clear enough although let's look at this a bit closer. "Every vessel shall at all times..." First, we know that a vessel is defined as "every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water." Therefore, if you own a boat...you own a vessel and this rule, along with all the others, pertains to you. The words, "Shall at all times" means at all times!

The Rule continues by adding, "In determining a safe speed the following factors shall be among those taken in account:

(A) By All Vessels:

(i) the state of visibility, (ii) the traffic density including concentration of fishing vessels or any other vessels, (iii) the maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions, (iv) at night, the presence of background light such as from shore lights or from back scatter of her own lights, (v) the state of wind, sea, and current, and the proximity of navigational hazards, (vi) the draft in relation to the available depth of water."

The truth is, the proper use of seamanship and common sense will help you determine a safe operating speed.

For example, let's say we are a mile offshore, or out in the middle of a large lake or river enjoying a sunny day of boating. The water is calm, the air clear and visibility is not a problem. There is no other boat traffic to speak of, we're clear of all ATON's and we have plenty of depth. So...we decide to open her up! We throttle to wide open, heading on a straight course and under control...now this is what power boating is all about!

Are we operating at a safe speed? For now, yes, but if conditions change and they usually do, we will need to decrease our speed and give our throttle a break. Let's also not forget that we are responsible for the actions of this vessel which includes her wake.

We must always remember to adjust speed to the prevailing conditions. We need to slow down when visibility is hampered, when we are within traffic, harbors or any other busy areas. The wind, the state of the sea and current, the proximity of aids to navigation and navigational hazards all play a major role in determining a safe speed as they greatly influence maneuverability.

We need to know our vessel. That is to say, we need to thoroughly understand her capabilities with regard to turning ability and the distance needed to safely bring her to a stop.

We need to be certain we have enough water depth, therefore; we need to know the waters in which we are boating. Collisions with sunken reefs, sand bars, rock bars, and underwater obstructions generally have no effect on them, however; at high speeds...it's usually deadly for the boater.   

In conclusion, boating is a wonderful recreation and a rewarding profession. Operating your vessel safely is your responsibility and knowing how to determine a safe operating speed needs practice and constant vigilance. Why be in such a hurry? Enjoy the ride!

With the holidays just around the corner, I invite you to visit American Marine Supply to get the perfect gift for all the boaters on your list. You will find ideas such as nautical clocks, tide clocks, nautical jewelry, nautical gifts and much more. We offer a large selection of boat accessories, boat equipment, and boat supplies for the power and sail boater alike.

Respectfully,

Charles J. Morris - President and Licensed USCG Master

Rule #5 of both the International and Inland Rules states that "Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision."

This Rule is without question, one of the most important rules to follow in the prevention of collisions. Nothing could be more positive than the obligation to keep a proper look-out. Failure to do so is castigated by the courts. This Rule is undoubtedly as applicable to the boats of the motor and sail class as to ocean vessels.

The obligation should be regarded as applying at all times when underway, day or night, and even, under some circumstances, when at anchor. Although the Rules do not specify a watch on a vessel at anchor, it is a seamanlike action to check anchor lights, anchor bearings, the onset of restricted visibility and to provide for a capability to warn off an approaching vessel.

A look-out has been defined by the federal court as "a person who is specially charged with the duty of observing the lights, sounds, echoes, or any obstruction to navigation with the thoroughness that the circumstances permit. The words specially charged imply that such person shall have no other duties that detract in any way from the keeping of a proper look-out."

It has been held in numerous federal court cases that because the look-out must devote his or her attention to this duty, the officer of the deck or the helmsman cannot properly serve as look-out.

"Clearly then, the duties of the look-out and helmsman are separate, and the helmsman should not be considered the person on look-out while steering, other than in the smallest of vessels where an all-around view is provided at the steering position. Whoever is keeping a look-out must be able to give full attention to that task, and no duties should be assigned or undertaken that would interfere with keeping a proper look-out."

In my opinion, every vessel, regardless of size or configuration, and regardless of having an all-around view from the steering position, should at all times, maintain a proper look-out who is not the helmsman. It is simply a matter of safety and proper seamanship.

All too often, distractions cause the operator of a vessel to focus in  different directions. Waterways are littered with debris, Aids to Navigation at night, in restricted visibility and caught in the reflection of the sun are difficult to see. Busy waterways have boaters traveling in all different directions and many are more concerned with their guests than with their bearing.

Operating a vessel, large or small, is a huge responsibility. As captain, you are responsible for your vessel...you alone. You are responsible for its passengers and crew, for its actions, for its wake. You are responsible for the safety of the swimmers near your vessel, for the boaters on a reciprocal course with yours who are not following the Rules...why then, would you not keep a proper look-out to aid your ability to navigate safely?

In summary, when you go boating, don't go alone. Take a friend along to act as a proper look-out. Besides, it's more fun when you have company!

I hope this discussion has been helpful and I invite you to visit our on-line store should you need any boating supplies or equipment. American Marine Supply.com has a large assortment of boat accessories, engine parts, bilge pumps and blowers as well as nautical clocks and gifts for the entire boating community. Thank you.

Respectfully,

Charles J. Morris - President American Boat Captains, LLC