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* Wilbur Hubbard wrote, On 8/11/2007 8:23 PM:
-------------------------------------------------------------------------------------------------------------------------------------------- "Rule 5 Lookout Every vessel shall at all times maintain a PROPER LOOKOUT BY SIGHT AND HEARING AS WELL AS BY ALL AVAILABLE MEANS appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision. Rule 5 This is a basic Rule, the violation of which is so often the cause of small-craft accidents - collisions with other boats or stationary objects. On smaller vessels, the "lookout" is nominally the helmsman, and this is acceptable if he is aware of his responsibility and performs his duties. He must be able to hear as well as see potential dangers. If in doubt, a skipper should post an additional person with the sole duties of lookout; this is particularly necessary in situations of reduced visibility. It is even possible that two lookouts will be necessary - one forward and one aft. Should a collision occur, failure to have a proper lookout would be strongly held against you in court. This is also the Rule that is obviously violated by all single-handing skippers on long voyages, or even on voyages of more than a few hours. Note that the Rule states that a lookout is required "at all times" - this includes when a vessel is at anchor." ------------------------------------------------------------------------------------------------------------------------------------------- Sitting at the nav station typing 500 word posts and looking at a RADAR screen every 15 min violates COLREG RULE 5. Get out of the office and sail your boat! Bob One correction, Bob, but don't feel badly because you're not the only one confused by it. Jeff, who posts here regularly, also misunderstands this rule but he's otherwise got them down pat. Rule 5 comes under Part B, "Steering and Sailing Rules" meaning rules for vessels steering and sailing, in other words vessels underway. Underway vessels do not include anchored vessels which, unless they're dragging, they're not underway nor are they steering or sailing. Nope, that's not the way the courts read it. And, although its not discussed much here, captains are not only responsible for knowing the rules as stated in the ColRegs, they are responsible for understanding how the courts have interpreted them. This is an aspect where admiralty law differs from "land based" law. There is a huge amount of information left out of the ColRegs; one must look to the courts for a full understanding of the rules. And of course, one must be familiar with the "ordinary practice of seamen," which certainly leaves you out. There have been a number of cases where anchored vessels have been found at fault for not keeping a lookout. However, they generally involve situations where a vessel anchored in or too close to a channel. Good luck in your effort to educate Skippy. I doubt it takes, though. |
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