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Let's start from the beginning.
The terms 'these rules' and 'in these rules' appear numerous times in the body of the Rules. For example: Rule 1(a) These rules shall apply . . . Rule 1(b) Nothing in these rules . . . Rule 1(c) Nothing in these rules . . . Rule 1(d) . . . for the purpose of these rules. Rule 1(e) . . .provisions of any of these rules . . . Rule 2(a) Nothing in these rules . . . comply with these rules . . Rule 2(b) . . . with these rules . . . Rule 3 For the purpose of these rules . . . In every case 'these rules' applies to the body of the rules. How come when it comes to Rule 8(f)(i), "A vessel which, by any of THESE RULES (my caps), is required not to impede the passage or safe passage of another vessel shall when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel," you claim the term 'any of these rules" is specific to only two rules (9 and 10)? You are making an incorrect assumption based on scanty information. You are proceeding with eyes closed. You are violating Rule 7(c) in your attempt to narrow the definition in Rule 8(j)(i) Also, you must never forget that Rule 8 exists in Section 1 - Conduct of Vessels in Any Condition of Visibility. This includes restricted visibility. Rule 8 - Action to Avoid Collision therefore applies in restricted visibility as well as all other conditions of visibility. Since Rule 8(j)(i) applies under all conditions of visibility it applies in fog. This means vessels shall not be impeded in restricted visibility. This means there is a pecking order in restricted visibility. In an area of restricted visibility the Rules state a motor vessel shall not impede a sailing vessel. The proof is in the pudding. All it takes is to understand the broad meaning of Rule 8(j)(i) "A vessel which, by any of these rules, - - - - [Rule 8(c) for example, "If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation" is only one such example.] - - - - -is required not to impede the passage or safe passage of another vessel shall when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel. This alteration of course defines a give way vessel because a stand-on vessel is defined as the vessel not to alter course. Conclusion: There is, indeed, a pecking order in restricted visibility because Rule 8(j)(i) says so. It is all based on the fact proven at the beginning of this essay that 'any of these rules' means just that. It is clearly not only referring to Rules 9 and 10. Those who insist it does are in error. S.Simon |
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