otnmbrd wrote:
I'm surprised, yet not surprised, at the lack of response to this "test".
The answer can not be given without a great deal of clarification and I
note that Neal and Donal tried without asking those questions.
Jeff:
I'm assuming that this was based on an NTSB report or court decision?
So far, I can see responsibility being placed totally on A, Totally on
B, 50/50, and some places in between.
I'm hoping more will stop to think about this one and ask questions, as
it's not "cut and dried".

otn
The report is based on an article by Jim Austin in an Ocean Navigator
newsletter. This report was a bit skimpy on the facts and I probably
left out a few key things, but frankly there's no way to describe a
situation completely without reading 100 pages of testimony. Further,
the decision of the court will likely hinge on some very subtle point
that might never be revealed. All we can hope to do is try to
understand some of the factors that influenced the decision.

It isn't really a test, therefore, since we can only guess at the
answer. However, we can still ponder what questions would have been
asked and consider how that would have influenced the decisions. For
example, what if vessel B had not agreed to the starboard/starboard
passing? Would A have been able to slow enough to let B pass safely in
front, or was the situation doomed already because of A's delay in
signaling?

Or another question: normally when the second vessel agrees to a
departure from the rules it assumes some responsibility. But in most
cases the burden is shared equally from the start, as in a head on
meeting, or a give-way vessel is requesting an alternative that does not
greatly affect the stand-on vessel's course. In this case, however, a
vessel that might be give-way is requesting a serious (and as it
happened, impossible) course change by the other. How might this affect
the responsibility?

As you say, otn, things to think about.