On Apr 21, 5:18 pm, "Roger Long" wrote:
Skip,
Having sat through the classes and hit the books more recently than anyone
else here (as far as I know) what's your take on the great
engine-running-but-not-in-gear controversy?
--
Roger Long
Hi, Roger,
My understanding is that without the equipment propelling the vessel,
you can have all manner of machinery running and either not be making
way or, perhaps, even/also, not under way. If you're not driving the
propulsion equipment, you're not a power vessel.
However, in an admiralty court, I suspect that if you had the means to
engage propulsion at an instant, but did not, you might have borne
more fault than if you were operating without any propulsion equipment
available at a touch. I don't consider touching an ignition switch
without any of the normal startup procedures being followed as
"available at a touch" but I think a reasonable man would conclude
that if you've gone through all the usual startup procedures and are
otherwise operating the power source, you could, safely, at an
instant, engage propulsion. If doing so would have avoided a
collision, I'd expect a responsibility to be assigned if it were not
exercised.
L8R
Skip
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