Right of way incident, your critique requested

[Indian Falls]

Recently while working upwind I encountered a right of way decision.
Another sailing vessel, with sails down motoring full speed close to shore made a bee line for my position as I worked upwind along the shore all sails up enjoying top speed.
I was tacking often and when the depth got into the mid teens I would tack away from shore.
Meanwhile another vessel is coming from behind heading right for us. My wife was concerned by his approach from behind and my reply was "I have the right of way and why is he heading directly at a s/v working up wind?"  As I was approaching the shore and running short on depth I decided to tack which would put me on a soon to be collision course with the motoring sailboat whom still had not decided to give me any room.  He had not changed course and I had yet to see the sides of his boat.  Our positions were such that he should alter course 10-15 degrees toward shore to pass behind me.  His course was still aimed about one hundred yards in front of me.  As our point of impact steadily got closer I broke this rule:  I was the stand on vessel and should not change course.  I began to turn into the wind to slow down, when sails began flailing I turned back as little as possible. I repeated this zigzag 3-4 times  The other vessel still did not change course. Our courses and wind direction indicated that if one of us did not alter, we would be T-Boned by this vessel.  Wind was 11-13kts and luffing was violent.  I slowed my progression without losing steerage, so that the collision would be avoided and I'd pass a few yards behind him.  As soon as it was evident to me that the collision was avoided the other sailor made a too late "drama queen" evasive maneuver  and then began shouting heretofore unknown statements that likely concerned my knowledge of the col-regs.  This operator never made an indication he would change course when I tacked into his path.  They were in close proximity and should have immediately angled toward shore.  He did not and since I was unsure anyone was at the helm I decided to zigzag and pass behind at roughly 135degrees off perpendicular to his course.

Since this incident was in July, and it still bothers me, I'd like to have the situation critiqued by the seasoned sailors and their vast experience on this board.

Thanks!!

[Stu Jackson]

Dan,  There are a number of ways to look at this.  Something "right" happened 'cuz there was no rending of fiberglass, nothing got broken (except the other guy's cool), and you got home safely.

There have been, as you can imagine, many discussions on the internet in other forums about this perceived "right of way" issue, which is more properly called "stand on" and "give way."  I don't recall one on our board here, but there is usually one every month over on co.com.

What you did was to protect yourself.  What the other guy did was to NOT make it clear early enough that he WAS going to get out of your way.  There was no way for you to know if he was at the helm and aware of your presence, or if he was down below making coffee and the boat was on autopilot.

We have this kind of situation here all the time, because the wind is generally (during summer) from the west and boats are heading south on starboard tack and north on port with many motoring sailboats and powerboats and ferries.  The ferries here are great, they avoid us.  

As far as sailing and/or motoring, my experience is that if I continue as the stand on vessel, most folks will yield as required.  Whether they do that early enough or not is really the issue.  When I am the give way vessel, I make sure to do it early enough so that the stand on vessel is well aware of the fact that I have seen him and am complying with the rules and basic courtesy.

That said, one never knows what the other guy knows or will do, so planning for evasive measures is always a good tactic.  A good horn with five blasts sometimes helps.  I keep mine near the helm at all times, but have only had to use it twice in many years of sailing.

Sounds like this is something you can put in your "mental navigation tool kit" and put behind you.  It also sounds like your restricted maneuverability really played a part in this episode.  I personally don't travel in those kind of waters, and would be interested in hearing from others who sail in those types of waters about their read on your experience.

[search link: seamanship]

[Mike and Joanne Stimmler]

Dan,
Sounds to me like you did everything right.
Sometimes people have different ideas of when to give way. I have cruised with racing sailors who thought nothing of crossing behind other boats within a few feet. I like to give as much warning of my intentions as possible just to eliminate any doubt just out of courtesy.

[Ted Pounds]

Dan,
Sounds like the guy was clueless (I'd use some other terms, but this is a family forum ).  You were under sail and he was motoring and also he was passing you both meant that he had to give way.  Yes you were the "stand-on" vessel, but that doesn't obligate you to maintain course until you hit bottom.   In the end you did the right thing and sounds like some impressive seamanship to avoid this idiot.  If it were me I might have played chicken a bit longer and if the goofball hit me I'd sue him.  But that's just me and I'm a little crazy...   

[Ron Hill]

Dan : Under sail always has the right a way over a motoring vessel.

I would have given 5 short blast from my horn (DANGER) and be prepared to give way. 
The crunching of fiberglass sounds the same, whether you have the right a way or not!!      A thought !

[Footloose]

A sailing vessel must give way to a motoring vessel if it is overtaking it.  The overtaking vessel is always the giveway vessel no matter what type of power it is using.

[Stephen Butler]

Per the other opinions, you were in the right, but as also mentioned, you are responsible for the safety of your craft so changing course was the correct move.  Regrettably, we have seen this situation every year on the water, although not with a sailboat.  Every year, we encounter many large motor yachts that are on auto-pilot and have no one on their bridge, and yes, we use some choice words and then "dodge" to keep our boat safe. 

[Joe and Carol]

Our lake can become crowded with sailboats and power boats seeming to give no clue to their constant course or right of way management.  We plan well in advance to give way to about everybody who seems determined to stress us by not altering course or following the rules.  Using the engine is always an option to lengthen distance between ships that "pass in the nightmare" of possible collision.  Sounds like you did the best and it worked.  A ship can well signal its intentions in overtake passing by making at least a ten or fifteen degree heading change.  As you mention, what the hey with these captains not adjusting their heading to enjoy the view of a passing sailboat under blossomed sails?  There is also merit to briefing crew of your decision way out of a mess early in the tangle rather than trying to figure out when or if another vessel is going to give way. Knowing what your plan is far outweighs trying to figure out  the other guys plan.  Best of sailing wishes.

[Ted Pounds]

Dan : Under sail always has the right a way over a motoring vessel.

I would have given 5 short blast from my horn (DANGER) and be prepared to give way. 
The crunching of fiberglass sounds the same, whether you have the right a way or not!!      A thought !

Ron, I like your idea.  The idiot probably would have no clue as to the meaning of 5 blasts, but it would feel god to hit him with them.   

[Bill Asbury]

I was just reading in BoatUS Seaworthy mag that there is no such thing as 'right of way', implying that boaters are simply responsible for avoiding collisions no matter who might be at fault.  Of course, BoatUS is in the insurance biz, which might have influenced their right-of-way comment...:-)

[Jim Hardesty]

Dan,
You did everything correctly.  The best thing was not to push your rights as "stand on vessel".  When a boat enters my comfort zone, I make every effort to steer clear.  Even if it's not convenient.   Even if "that idiot" should steer away.
I don't want to sound like a Yacht Club lawyer, but "right of way" is a very limited rule applied mostly to areas with strong currents, and or very large ships.  The correct "stand on vessel" and "give way (burdened) vessel" are more proper.  They are not "laws" but more guide lines to simplify crossing situations.  If you are the "give way vessel"  make your adjustments large and obvious and early.  As the "stand on vessel" you still have the responsibility to avoid a collision, so when the other boat gets to your comfort zone, change course.
Don't have your day diminished by some bully.  
Jim,
USCG licensed master of steam, motor, and auxiliary sail..........hey thats what they say.

[Stu Jackson]

I was just reading in BoatUS Seaworthy mag that there is no such thing as 'right of way', implying that boaters are simply responsible for avoiding collisions no matter who might be at fault.  Of course, BoatUS is in the insurance biz, which might have influenced their right-of-way comment...:-)

Bill, it has nothing to do with their business, it's maritime law, COLREGS, IIRC.  Try http://www.boatsafe.com/nauticalknowhow/safetips.htm, as well as BoatUS's own website.  Or Chapman's Piloting.

"Right of Way" simply does not exist on the water.

[waterdog]

[/quote]

Ron, I like your idea.  The idiot probably would have no clue as to the meaning of 5 blasts, but it would feel god to hit him with them.   
[/quote]

We have huge car ferrys that travel our waters at 20 knots.   They are unbelievably skilled at working their way through the maze of pleasure craft.  I have the utmost respect for them and stay out of their way not because I'm the "give way" vessel but because I'm not trying to move 300 cars and thousand people on a schedule.  You rarely hear the horn after they've left the terminal and made the first turn.  When I do hear five distinct blasts from the ship's horn, it has very clear meaning to me:

"some idiot is now in really big trouble"

[Indian Falls]

Thank you all for your kind reviews.

I was new to the water last year, I've only owned a canoe before jumping into a C34. 

I have the col regs and read it twice last year.  I was pretty sure I was doing the right thing at all times.  It bothered me that since I was zig zagging that this guy couldn't tell where I was going, but as most of you pointed out he was in the wrong from the moment he was in sight. 

Thanks again and thanks for the vindication!

I wonder what the other guys' story would sound like?? 

"I was motoring right at this sailboat, then when I'm about to just miss him he turns in front of me.  So I didn't do anything to see if I could get a new boat out of this, but he managed to miss me, boy did he make me mad when he just smiled and waved"   

[Hawk]

Fellas,
Sailors with sails up are often stubborn and mistakenly indignant when power vessels are closing, particularly commercial vessels such as tugs/tow and ferries. The Collision Regs are clear that we sailors must stay out of the way of vessels having restricted manoeuvreability.......

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 manoeuvre;
iii.a vessel engaged in fishing.

It also makes good common sense. having dealt with several collisions with dire consequences fo the smaller pleasure craft.

Hawk