Rules Of The Road Question

[Mark Sutherland]

I've had two, nearly identical situations occur in the past month or so, with the same vessel.  I'm sailing on a broad reach, port tack, pointing 300 degrees.  Unknown to me is a tug, pushing a barge (maybe 75 -100' long), aft of my boat, to port, pointing 330-340 degrees, moving about 12-15 knots.  I'm sitting on the port side of the cockpit, so this tug-and-barge is behind me, out of my field of vision.  I notice him when I see him to port out of the corner of my eye.  His heading will lead him across my bow, and I didn't wait to determine if we might be on a collision course.  He's close enough to my port side that I'm not certain I have enough room to tack (turning to port, towards the barge), so quickly jibe to a starboard tack.  I understand that a working vessel with limited maneuverability has the right of way, but doesn't this tug have an obligation to alert me, either by horn or radio? 

[Roc]

This might be your error for not keeping a proper watch at all times. 

[Jim Hardesty]

Mark,
The pecking order is Overtaking vessel, vessels Not under command, vessels with Restricted maneuverability, commercial Fishing vessels, vessels under Sail alone, Power vessels, Seaplanes.  The memory trick is Over Night Room For Sale Plus Sally.  Having said that I give way to commercial vessels.  When I've wanted to contact commercial vessels I use one of the bridge to bridge VHF channels.  Most companies require the radio operator to log in calls on ch16  so they are reluctant to use it.  Don't know if that was an answer or not.  Hope it helped.  Also the way the rules were explained to me, they are only guide lines,(except for some designated down river cases) every one is expected to keep a look out and not crash.
Sounds like he is overtaking you.  You are the stand-on vessel.  He is bigger.  I would give way.  Possibly try to call him and discuss intentions.
Hope that helped.
Jim

[mark_53]

I've had two, nearly identical situations occur in the past month or so, with the same vessel.  I'm sailing on a broad reach, port tack, pointing 300 degrees.  Unknown to me is a tug, pushing a barge (maybe 75 -100' long), aft of my boat, to port, pointing 330-340 degrees, moving about 12-15 knots.  I'm sitting on the port side of the cockpit, so this tug-and-barge is behind me, out of my field of vision.  I notice him when I see him to port out of the corner of my eye.  His heading will lead him across my bow, and I didn't wait to determine if we might be on a collision course.  He's close enough to my port side that I'm not certain I have enough room to tack (turning to port, towards the barge), so quickly jibe to a starboard tack.  I understand that a working vessel with limited maneuverability has the right of way, but doesn't this tug have an obligation to alert me, either by horn or radio?

My experience is they only sound if you are on a collision course.  Usually when you are in the shipping channel.  Apparently, he thought he could pass safely.   No rule for sounding horn if someone isn't paying attention.  Your "field of view" should be 360 degrees.

[Mark Sutherland]

To further clarify, there is no doubt to me that the tug was the stand-on vessel.  What bothered me was that the tug was overtaking me at probably double-triple my speed, and knowingly forced me into a jibe maneuver without even a toot of his horn to let me know he was closing on me. 

[KWKloeber]

To further clarify, there is no doubt to me that the tug was the stand-on vessel.

Based on WHAT?  Read Rule 3 and Rule 27.

-kk

[KWKloeber]

knowingly forced me into a jibe maneuver

Mark

Question - What signal should s/he have given if s/he knew there was no collision? And might the helms person have considered it could be misconstrued by you to be a change in course for the tug?

My guess is that s/he had a better visual and determined that there was no risk of collision; taking collision bearings when being overtaken is dicey at best.  But, if YOU had any question, then you were required to assume there would be -- and take action "deliberate" (easily identified) if s/he did not (that is, LONG BEFORE needing to crash gybe.)

Common courtesy aside (a radio call by the tug) in this situation, you would probably be found at fault if there was a collision due to the gybe.  If you stood on, the tug would be at fault.

-k

[KWKloeber]

Mark

You leave out some important info.  (1) Are you in a fairway or traffic separation scheme, narrow channel, open water? (2) Did the tug display any day shape(s)?, (3) inland or international rules (not that different), etc. 

For below, I ass/u/med "no" to the 1st two above.

First, two problems:

Rule 5 - "Unknown to me is a tug" is the 1st problem.  See Rule 5 --  Just because you are looking forward when you are in command you cannot be "unaware" of another vessel until she is coming alongside you.  If you can see her when you look aft, you MUST become aware of her while operating your vessel.  No exceptions.  So there is an argument that you should have been aware of a potential collision LONG BEFORE you saw her and crash gybed. 
"Rule 5" is actually the VERY FIRST Rule concerning operation of the vessel (the preceding ones are boilerplate, definitions, etc.)

Rule 7 -- 2nd problem - If you are uncertain whether there is a risk of collision, then you MUST assume there is a risk (presumably when you first saw the tug -- i.e., when there was time to change course without crash gybing.) In other words, if you saw the tug 10 minutes earlier, what would you have done?

Then,

Rule 8 -- if the other vessel doesn't take appropriate action, or there is any question in your assessment, then (by Rule 17) you should -- EARLY (which you can due to Rule 5.)  But that becomes dicey if there's a collision with "G" (give-way) due to "S's" (stand-on) action.  "G's" argument will be that there would have been be no collision if "A" followed the rules and stayed on course.  i.e., you can't eliminate your liability by taking an action that causes a collision ("stand-on" means just that, stay the course.)

True, the tug may be burdened in it's maneuverability, but in open water Rule 13 and 19 apply first.
Rule 13 -- The tug is overtaking you (I am assuming she's on an "overtaking," not "crossing" bearing to you?,) so you are the stand-on vessel. 
Rule 19a -- The tug is also under power so she is the give-way vessel (no exception for her being less maneuverable.) 
Rule 19b -- If the tug is truly restricted, then Rule 19b is contradictory to 19a -- saying that YOU are the give-way vessel (due to restricted maneuverability (no exception allowed for sailing vessels.)   
Government rules contradictory and confusing, go figure!!

But, you say the tug has restricted maneuverability.  Rule 3 is pretty "tight" in that definition.  If you are on open water and the tug can change course or speed (even ever so slightly) to avoid a collision bearing, then she is the give-way vessel.  Read Rule 3. 
Did the tug fly day shapes (over-under black ball/diamond/ball per Rule 27?)  If not then you assume no restricted maneuverability.

But I read the rules such that the 1st rule to apply, is the one that applies - regardless of contradicting ones later in the chain.  So, you are the stand-on vessel because the tug is overtaking you.

And, no there is no requirement that the tug notify you simply because she is overtaking.

So,
1) you are required to know that the tug was there.
2) the tug is the give-way vessel
3) If the helms person believes no action is necessary, then maintains course and speed.
4) If YOU have a question whether it's a collision situation and determine that the tug does not give-way, then YOU must take (EARLY) action.

As I said, if the conditions are different than ass/u/med, then bets are off.

My W.A.G. is that the tug "knew" there would not be a collision, so held course and speed.

-kk

[Mark Sutherland]

KK, We were not in a restricted area, per se.  We were inside the break water in Long Beach CA, which I'd guess is 15-20 square miles and not very restricted for a tug pushing a small barge.  That said, in spite of rule 13 making me the stand on vessel (being overtaken by another), I would have been happy to give way had I known he was there.  Rule 34i compels the tug to give me 2 long and 2 short blasts when overtaking.  Rule 36 permits the tug to give me a light or sound "signal" to attract my attention, which would have been the simplest solution.  A quick call on the radio would have sufficed as well.  In all of said scenarios, I would have been glad to give way.  I have little doubt(in retrospect) that the tug determined that we were not going to collide, assuming I remained on my current tack.  Had I tacked over to starboard, it would have been much tighter quarters, to say the least.  This was the second such incident in about a month.  I just wanted to check my standing here before I call the Coast Guard the next time it happens.

[KWKloeber]

Mark

Are you referring to 34(c)(i),I believe that's for a narrow channel, etc.
(I see no COLREGS signal requirement for overtaking on open water.  Correct me if I misread that.

Re: Rule 26, yes, "may", but that was my other point, had the tug signaled (what signal should it use, since there's no " I am an overtaking give-way vessel staying my course" signal)?   And if you misinterpreted it and there was a collision, then the tug might be held liable for using other than "sound signals that cannot be mistaken".  That's the rub, unfortunately we have to think attorney and lawsuit (before acting courteously to another vessel.)  That's too bad but fact of life.

VHF would have been the tug's best (or my best choice, given that I had seen her in enough time.)

Correct me if there's another COLREGS that required the tug to signal.

ken

[Ron Hill]

As Jim mentioned, Call the tug on Channel 13 and ask what his intentions are. 
All commercial vessels that I've been around monitor Chs. 13 & 16

The tug & barge are much less maneuverable and MUCH BIGGER and a key of your mike is much simpler than trying to figure out who has the right of way!!   

My thought

[britinusa]

As I'm studying for my OUPV (6 Pack) license, I love these posts.

Location: Inland or International Waters (demarcation lines)

Using the Radio to notify intent and request side of passing is in the Colregs.

If the give way vessel, then an early and significant change must be made.

Also we have to pay attention to the "May" and "Shall" - May, is a can do item, Shall is a must do item

At least, that's my interpretation. I left my hard copy of the Rules of the Road onboard but I can dig into my digital version to buff up and develop a conclusion, meanwhile, I'll make a reduction in speed - in fact to a stop in order to consider the situation. ;)

Paul

[Ron Hill]

Guys : Confucius say - "Keying the mike is much simpler and less expensive that than being CORRECT and hearing the crunching of fiberglass"!! 

A thought

[Noah]

Inland rules apply inside the Long Beach breakwater. Paraphrase: when within 1/2 mile of each other, if have not reached an agreement of intent via radio you and he must use appropriate sound signals via horn/ship's whistle to indicate maneuver/passing intentions.
https://www.navcen.uscg.gov/?pageName=Rule34

[KWKloeber]

Inland rules apply inside the Long Beach breakwater. Paraphrase: If have not reached an agreement of intent via radio you and he must use appropriate sound sinals via horn/ship's whistle.

Thanks for the left coast clarification Noah!

In that case, Inland 34(c)(i) still doesn't apply 'cause it's meant for power vessel --> power vessel, not power vessel --> sailboat.
I suppose one could argue that 34(d) could apply (but that would be Mark's action, not the tug's.)  But again that predetermines a "proper watch" (Rule 5) providing enough time to question and then react.

In any event the tug (given the stated circumstance) was the give way vessel and did nothing wrong, and there is no sound signal that signifies his/her intention to maintain course and speed if overtaking a sailboat.

Under the circumstances (quick action needed in light of Mark's questioning of the risk a collision -- and no one can or should question that assessment) I think he took the best action.  Quick and decisive action away from the tug.  Had he have tacked early when in sight of the tug (and a collision ensued, or the tug had to change course to avoid one) then he would have been in the wrong for not maintaining his (stand-on) course.

I don't see anything that could be a valid Rules complaint to the CG (given that in retrospect Mark believes the tug did assess and conclude that there would be no collision) -- but correct me if anyone sees a different Rule.  It all goes back to what i harp on w/ newbies -- "situational awareness" is the first rule.