Roger Long wrote:
There's always another side of the story. I'd love to know what it is
in this case. If I'd been a floating container or other obstruction
that could have damaged their vessel, I'm sure they would have
maneuvered effortlessly around. It strains my credulity that they
weren't keeping a good enough watch this close to shore not to have
seen a 32 foot sailboat.
I'm sure he saw you. Maybe his appreciation of the situation was not
the same as yours?
I would also be quite surprised if someone
got to be master of a vessel of this class without enough nautical
knowledge to understand that a sailing vessel with sails sheeted flat
is not going to alter course very much in the windward direction
which, in this case, was also the direction of a standard head to head
pass and away from the shore.
It is a mistake to assume that a ship's master knows anything about
sailing. I work with many ship's captains and not many understand
sailboats at all. (sorry to say)

Perhaps I am deficient in imagination but this leaves in my mind only
the expectation that the size and impressiveness of the vessel would
intimidate me into altering course out of his path. The size and
paint job didn't but the fact that the vessel was acting like one on
autopilot did. That's not the way the right of way rules are supposed
to work.
I think perhaps you are partially right here. You were intimidated to
alter while he thought that the two vessels would pass clear. It is
quite a different view from a sailboat, hands full than from a modern
bridge with ARPA and gyros providing the info.

Yeah, I could have called him on the radio but the rules of the road
were written to make it possible to deal with something this simple
without having to yack and negotiate on the air. Having to make a
radio call in a case like this means someone already isn't observing
the rules. That's not the case in all meeting situations.

You should have called him. It is the right thing to do. A simple,
"Good morning Captain, I am XXXX on your XXXX bow under sail. What are
your intentions?" I do it all the time and I have it done to me
regularly as well. Once again, it is the right thing to do.

"Rule 5

Look-out

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."

Cockcroft, in "A Guide to the Collision Avoidance Rules"

http://www.amazon.com/gp/product/075...lance&n=283155

Page 37 says:

"The term 'proper lookout' has always been interpreted by the courts as
including the effective use of available instruments and equipment, in
addition to the use of both sight and hearing. This applies
particularly to radar, but the use of binoculars and of information
received by VHF from a shore station or from other ships would be
included among 'all available means appropriate'.

Finally, how did you determine that risk of collision existed with this
yacht? What piece of information was key to causing you to maneouvre?
Did you take some bearings or was it just "gut feel"?