Avoiding on the water collisions is all about knowing the U.S. Coast Guard Rules of the Road
Anytime a boating accident thread appears in the RDP Forum involving two or more boats colliding, a debate routinely follows about who had the ‘right of way’. Although there seems to be a lot of different opinions, let’s be clear – when we’re talking about boats, the 'term' "Right of Way" can be, and often is, very misleading.
In the U.S. Coast Guard's Official Rules of the Road, the term "Right of Way" is not used at all in International Rules, and is mentioned only once in Rule 9 of the Inland Waterways section, and only then in reference to operating in narrow channels or fairways on the Great Lakes or Western Rivers.
Rule 16 states "Action by the GIVE-WAY vessel; 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 clear."
This seems to be clear and simple - GIVE WAY! This can be accomplished by two simple maneuvers by the GIVE WAY vessel, changing course/direction to avoid the other boat, or changing speed (faster or slower to avoid a collision), or a combination of both.
Rule 17 is a bit more complex. "Action by the STAND-ON vessel; (a) (i) Where one of the two vessels is to keep out of the way, the other shall KEEP HER COURSE AND SPEED."
Still, simple and direct. You are not mandated to change your course or speed if you are the STAND-ON vessel. This is so the GIVE-WAY vessel can take early and substantial action to keep well clear and avoid the collision.
(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.
So, if the STAND-ON VESSEL is concerned that the GIVE-WAY vessel is not taking appropriate action, then, the STAND-ON VESSEL may take action to keep clear and avoid what appears to be an impending collision.
This is a judgment call by the STAND ON vessel to be safe.
(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.
This is where it gets more complicated. It is at this point that the responsibility to "GIVE Way" changes! The STAND-ON vessel now "SHALL take such action as will best aid to AVOID COLLISION"
(D) This Rule DOES NOT relieve the GIVE-WAY vessel of her obligation to keep out of the way.
This is just Rule 16 and Rule 17, there are other rules that cover the regulations covering an impending collision. When two vessels do in fact collide, BOTH vessels have broken a number of the "Rules Of The Road".
Keep in mind that Annex V of the Rules states: "The operator of each self-propelled vessel, 12 meters or more in length (about 37’), SHALL carry on board and maintain for ready reference a copy of the Inland Navigation Rules".
Not everyone knows or reads the rules and not everyone has had formal education in the Rules of the Road. Unfortunately, some sailboaters wrongly assume that they have the RIGHT OF WAY over other vessels period. This is not always the case. There are videos on You Tube that show the consequences of this unfortunate belief.
Rule 18 can explain who is Stand On in relation to different types of vessels.
(a) A power-driven vessel underway shall keep out of the way of: (i) a vessel not under command; (ii) a vessel restricted in her ability to maneuver; (iii) a vessel engaged in fishing; and (iv) a sailing vessel.
(b) A sailing vessel underway shall keep out of the way of: (i) a vessel not under command; (ii) a vessel restricted in her ability to maneuver; and (iii) a vessel engaged in fishing.
(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of: (i) a vessel not under command; and (ii) a vessel restricted in her ability to maneuver.
(d) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.
The moral of the story - As a boat operator, you are never relieved of the burden to avoid a collision and it’s good to at least have general knowledge of the U.S. Coast Guard ”Rules of the Road” and don't insist on taking the "Right of Way" in every case.
Anytime a boating accident thread appears in the RDP Forum involving two or more boats colliding, a debate routinely follows about who had the ‘right of way’. Although there seems to be a lot of different opinions, let’s be clear – when we’re talking about boats, the 'term' "Right of Way" can be, and often is, very misleading.
In the U.S. Coast Guard's Official Rules of the Road, the term "Right of Way" is not used at all in International Rules, and is mentioned only once in Rule 9 of the Inland Waterways section, and only then in reference to operating in narrow channels or fairways on the Great Lakes or Western Rivers.
Rule 16 states "Action by the GIVE-WAY vessel; 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 clear."
This seems to be clear and simple - GIVE WAY! This can be accomplished by two simple maneuvers by the GIVE WAY vessel, changing course/direction to avoid the other boat, or changing speed (faster or slower to avoid a collision), or a combination of both.
Rule 17 is a bit more complex. "Action by the STAND-ON vessel; (a) (i) Where one of the two vessels is to keep out of the way, the other shall KEEP HER COURSE AND SPEED."
Still, simple and direct. You are not mandated to change your course or speed if you are the STAND-ON vessel. This is so the GIVE-WAY vessel can take early and substantial action to keep well clear and avoid the collision.
(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.
So, if the STAND-ON VESSEL is concerned that the GIVE-WAY vessel is not taking appropriate action, then, the STAND-ON VESSEL may take action to keep clear and avoid what appears to be an impending collision.
This is a judgment call by the STAND ON vessel to be safe.
(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.
This is where it gets more complicated. It is at this point that the responsibility to "GIVE Way" changes! The STAND-ON vessel now "SHALL take such action as will best aid to AVOID COLLISION"
(D) This Rule DOES NOT relieve the GIVE-WAY vessel of her obligation to keep out of the way.
This is just Rule 16 and Rule 17, there are other rules that cover the regulations covering an impending collision. When two vessels do in fact collide, BOTH vessels have broken a number of the "Rules Of The Road".
Keep in mind that Annex V of the Rules states: "The operator of each self-propelled vessel, 12 meters or more in length (about 37’), SHALL carry on board and maintain for ready reference a copy of the Inland Navigation Rules".
Not everyone knows or reads the rules and not everyone has had formal education in the Rules of the Road. Unfortunately, some sailboaters wrongly assume that they have the RIGHT OF WAY over other vessels period. This is not always the case. There are videos on You Tube that show the consequences of this unfortunate belief.
Rule 18 can explain who is Stand On in relation to different types of vessels.
(a) A power-driven vessel underway shall keep out of the way of: (i) a vessel not under command; (ii) a vessel restricted in her ability to maneuver; (iii) a vessel engaged in fishing; and (iv) a sailing vessel.
(b) A sailing vessel underway shall keep out of the way of: (i) a vessel not under command; (ii) a vessel restricted in her ability to maneuver; and (iii) a vessel engaged in fishing.
(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of: (i) a vessel not under command; and (ii) a vessel restricted in her ability to maneuver.
(d) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this Part.
The moral of the story - As a boat operator, you are never relieved of the burden to avoid a collision and it’s good to at least have general knowledge of the U.S. Coast Guard ”Rules of the Road” and don't insist on taking the "Right of Way" in every case.
