"Jeff" wrote in message
...
* Wilbur Hubbard wrote, On 8/11/2007 8:23 PM:
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"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."
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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.

And because their lawyers sucked. Probably as stupid as Dave. Rule 5 is
clearly listed under Steering and Sailing Rules. Therefore, Rule 5
applies only to vessels engaged in steering and sailing. There is no way
a vessel anchored is steering or sailing. What kind of a knucklehead
does a judge have to be to misinterpret something this clear?

Appeal the damned thing to the SCOTUS. I would. I hate it when judges
legislate from the bench in contradiction of written existing laws which
even a two-year-old could understand.

Wilbur Hubbard