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#1
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![]() "Simple Simon" wrote in message ... snip meaningless gibberish 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)? No, that's not what I said. The word "impede" is only used in rule 9 and 10, and of course, rule 8(f). Those are the rules meant "by any of these rules." Rule 8(f) is qualifying the meaning of "shall not impede," as it is used in Rule 9 and 10. I even quoted the IMO commentary that explained that that is why 8(f) was added. Only a simpleton would try to read more into this. 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 |
#2
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Tell me, then, because you ignored the bigger part of
my post, why in the examples I listed 'any of these rules' means any of these rules while you choose to assign the same term a specific meaning in the case of Rule 8 (f)(i) ? Seems to me one needs to be consistent if one expects to be taken seriously. S.Simon "Jeff Morris" wrote in message ... "Simple Simon" wrote in message ... snip meaningless gibberish 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)? No, that's not what I said. The word "impede" is only used in rule 9 and 10, and of course, rule 8(f). Those are the rules meant "by any of these rules." Rule 8(f) is qualifying the meaning of "shall not impede," as it is used in Rule 9 and 10. I even quoted the IMO commentary that explained that that is why 8(f) was added. Only a simpleton would try to read more into this. 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 |
#3
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Jeff Morris wrote:
you claim the term 'any of these rules" is specific to only two rules (9 and 10)? No, that's not what I said. The word "impede" is only used in rule 9 and 10, and of course, rule 8(f). Those are the rules meant "by any of these rules." Doesn't "any of these Rules" apply to the whole set of rules? I notice that 8(f)(i) uses this term, but that 8(f)(ii) and 8(f)(iii), refer to "the Rules of this part". -- Wally www.makearatherlonglinkthattakesyounowhere.com Things are always clearer in the cold, post-upload light. |
#4
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Rule 8(f) is the hardest to understand. Its ironic that it was added to clarify this
situation and was written in such an obtuse way. Rule 8(f) (i) says: "A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall, ..." This means we look in any of the rules for the mention of "impede." You can look all you want, but you'll only find this mention in Rules 9 and 10, and in 18 International in reference to vessels "Constrained By Draft," and in reference to Seaplanes. Thus, except for seaplanes, Rule 8(f)(i) is concerned entirely with vessel restricted by channels, TSS, or by their draft. Rule 8(f) (iii) says: "A vessel, the passage of which is not to be impeded remains fully obliged to comply with the rules of this part ..." Which means that even though a vessel might enjoy the status of "not to be impeded," it still must comply with all the other appropriate rules. In particular, it may also be the give-way vessel. This is the central point of the discussion. For example, a Fishing boat is allowed to fish in a channel, as long as it allows other vessels sufficient searoom to pass safely. A sailboat is still the stand-on vessel when tacking up a channel, but it shouldn't force a powerboat into an unsafe manuever. Rule 8(f)(ii) balances (iii). Because there is the situation that one vessel is has "not to be impeded" status, while another has "stand-on" status, both vessels are reminded that they also have to comply with the other rules, namely, that one is "give-way" while the other "shall not impede." Rules 8(f) (ii) and (iii) also imply that all appropriate rules are still in force, such as a lookout is still required, and collisions must be avoided. The important concept is that "shall not impede" adds additional responsibilities, it does not replace other rules. -jeff "Assumptions shall not be made on the basis of scanty information" ColRegs, Rule 7(c) "Wally" wrote in message ... Jeff Morris wrote: you claim the term 'any of these rules" is specific to only two rules (9 and 10)? No, that's not what I said. The word "impede" is only used in rule 9 and 10, and of course, rule 8(f). Those are the rules meant "by any of these rules." Doesn't "any of these Rules" apply to the whole set of rules? I notice that 8(f)(i) uses this term, but that 8(f)(ii) and 8(f)(iii), refer to "the Rules of this part". -- Wally www.makearatherlonglinkthattakesyounowhere.com Things are always clearer in the cold, post-upload light. |
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