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If you really want to understand these rules, get a copy of "Farwell's
Rules of the Nautical Road". It has chapters on each rule, and discusses all the court cases and how they've interpreted each. As far as a "proper look-out" probably all of us violate that rule every time we go out. Here's why: Pg. 141 - Note 45. "The Supreme Court long ago established that the lookout must be exclusively employed in the lookout duties. (Supreme Court Case cited here). Note 46. (court case cited here)..."a proper lookout must be someone other than the deck officer or helmsman"... (another court case cited)... "required lookout can have no other duties that detract from the keeping of a proper lookout:. That being said, there appears to be a move underway to revisit the "one man bridge organization" or OMBO. Another comment out of Farwell's: __________________ The term look-out implies watching and listening so that there is awareness of what is happening around the vessel. The emphasis is on performing the action, not on the person. Senate Report 96-979 which accompanies Rule 5, permits the helmsman to serve as lookout: On vessels where there is an unobstructed all-round view provided at the steering station, as on certain pleasure craft, fishing boats, and towing vessels, or where there is no impairment of night vision or other impediment to keeping a proper lookout, the watch officer or helmsman may safely serve as the lookout. However, it is expected that this practice will only be followed after the situation has been carefully assessed on each occasion, and it has been clearly established that it is prudent to do so. Full account shall be taken of all relevant factors, including but not limited to the state of the weather, conditions of visibility, traffic density, and proximity of navigational hazards. It is not the intent of these rules to require additional personnel forward, if none is required to enhance safety. S. Rep. No. 979, 96 th Cong., 2d Sess. 7-8 (1980). ___________________________________________ The OMBO is still highly contested, and the courts still much prefer a dedicated lookout. Of course all this is moot unless you have a collision and end up in court, in which case the first thing they're going to look at is if you and the other boat had "proper look-outs". |
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