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otnmbrd wrote:
This is becoming clearer. My read of this is that "A" was coming clear of a buoyed channel into an "open" stretch of water when it met "B" and the subsequent collision occurred in the "open" stretch of water (Inland Rules in force), not the buoyed channel. (still not 100% sure on this, but g close) I was under the impression that the collision actually occurred in the channel, but they were not specific. Of the CG findings: a,b,c, no problem. d G Unless you're a military vessel, having extra hands to take compass bearings, other than eyeball, and the value of them if vessels are not maintaining course is interpretive, but this is a rule 2 "gotcha". I'm always surprised that every fog situation reveals that contacts are not formally plotted, not that I've ever done it, other than for practice! When shorthanded in the fog there are more important things to do than play with a grease pencil. e debatable, but, understandable. Piling on. Or maybe they felt the A started to move prematurely. In answer to your feelings regarding the vessel entering the channel from the side .... It is going to depend on the exact location of the meeting. If the two vessels will be meeting IN the buoyed channel, then that vessel (entering) will be required not to impede the vessel in the channel. However if the meeting will occur in the approaches to the channel, then the vessels will have to address the "normal" rules. Yes, but that leaves a gray area. In this case, A must slow before the meeting, because its not clear whether B is going to turn. As to the proposal/acceptance aspect. Although I can see the courts stepped decision regarding which rules take priority when assessing blame (you haven't stated how much "B" was held liable and for what), The was no mention of blame assigned to B. Although everyone talks about how blame is always shared, I think that's a bit of a myth. Somewhere I have the breakdown on this ... I would argue that at the point that the 2 blast signals where exchanged, this became in effect a passing situation with everyone in agreement and now both vessels should be maneuvering under that agreement .... and here, this goes to possible responsibility on "B". So you're claiming that two whistles would not be used in a crossing situation where the give-way vessel thinks it can pass cleanly in front of the stand-on? In that case, the stand-on vessel should not be required to alter course. I believe the courts are saying that this situation was a crossing from first sighting to collision. |
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