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#1
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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. |
#2
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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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