Marcus,

You make some good points, mainly that there will always be exceptions to
what seem like simple, hard-and-fast rules. If tacking was necessary to keep
the "stand-on" saiboat out of danger, then of course it has to tack. Or luff
the sails and slow down while waiting for the power boat to pass... hard to
be dogmatic without seeing an actual situation with all of its many tiny
variations. Ideally the power boat should have seen the necessity for the
tack coming too.

A vessel cannot force another vessel into danger, regardless of which is
stand-on and which give-way, and then claim innocence just by saying it was
following "procedure."

Rule 2(b) - Responsibility

"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."

(Which illustrates that I'm not just making this up.)

Also, the terminology in International sections of the U.S. and Canadian
Rules is not "until you are you are out of sight" (in terms of the stand-on
vessel maintaining course and speed); the term, found in rules 8 and 13, is
"past and clear," and although this pertains to the give-way vessel, I
suspect the principle carries over the to stand-on vessel too. You will also
find several references in the Rules to "well clear," which I take it to
mean to leave lots of room between the boats, not just a little (often
ignored between sailboats in the sailing races in which I participate weekly
over the summer!).

Thank you.

Charles

P.S. Your English is good.

====

Charles T. Low
- remove "UN"
www.boatdocking.com
www.ctlow.ca/Trojan26 - my boat

====

"Marcus AAkesson" wrote in message
...
On Sat, 8 Nov 2003 23:43:36 -0500, "Charles T. Low"
wrote:

Rule 17 - Action by Stand-on Vessel

"Where one of two vessels is to keep out of the way the other shall keep
her
course and speed."

So not only is it inadvisable to tack right in front of another boat,
power
or sail notwithstanding, it's also illegal.

While agreed that the described boats actions were not correct, it is
not possible to simplify as You have done above.

To "Keep course and speed" does not mean literally to stay on exact
course and maintained speed until You are you are out of sight of the
give-way vessel. It means to continue Your voyage under normal
conditions, including turning to follow a shipping lane, reducing
speed to avoid wake, and, if You are sailing, to tack where it is
necessary.

If You are tacking in a limited area, You are still "maintaining
course and speed", unless You are unnecessarily disturbing others or
trying of course to intentionally obstruct their way.

So, if You are sailing, You may very well tack more or less in front
of another boat and still be in compliance with Rule 17. This is
something which is often unknown (and disliked) by many motor boaters.

As always, there are limitations and exceptions, for example
limitation by draft, narrow passage etc.

If the expression used are not exactly correct I apologize, my
nautical training is not primarily in English.


/Marcus

--
Marcus AAkesson
Gothenburg Callsigns: SM6XFN & SB4779
Sweden