"Bob" wrote in message
ups.com...
On Aug 11, 6:18 pm, "Wilbur Hubbard"
wrote:
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.



I can not agree with you on this one Wilbur. tsmweb Tom has it right.
Please read the folloing rule. My take is that nobody can hide behind
a rule as defense against poor seamanship:

"...Rule 2 Responsibility

(a) Nothing in these Rules shall exonerate any vessel, or the owner,
master or crew thereof, from the consequences of any neglect to comply
with these Rules or of the neglect of any precaution which may be
required by the ordinary practice of seamen, or by the special
circumstances of the case.

(b) In construing and complying with these Rules due regard shall be
had to all dangers of navigation and collision and to any special
circumstances, including the limitations of the vessels involved,
which may make a departure from these Rules necessary to avoid
immediate danger.

Rule 2
This is often referred to unofficially as the "Rule of Good
Seamanship" or the "General Prudential Rule." This Rule first states
that all the Rules must be complied with, and the customary practices
of good seamanship must be followed. But it then goes on to recognize
that there may be "special circumstances." Its intention is to apply
common sense to the interpretation and application of the Rules, and
to prevent any perversion of the Rules to avoid the consequences of
their misconstruction or misapplication. It recognizes that a
departure from the strict language of the Rules may be required to
avoid immediate danger - no vessel has the right of way through
another vessel! There may be special situations where a departure from
the Rules is not only desirable, but is required. Should a collision
result, strict literal compliance with the Rules may not be a
defense...."

not always by-the-book Bob



If I used your and Jeff's flawed logic it would follow that your boat is
your prison. If you had to keep a lookout "at all times" it would mean
when your boat was on the hard getting the bottom painted. It would mean
when your boat was sitting on the trailer. It would mean when your boat
was in your back yard. It would mean when your boat was on a tractor
trailer rig being hauled across country. It would mean when your boat
was tied up in the slip. You could never leave your boat because the
rule says "at all times."

See how stupid it gets? Nope, in spite of what you and Jeff try to
claim, Rule 5 appears only under the Steering and Sailing rules. Hence
it only applies when steering and sailing. Anchored boats, boats tied up
at a dock, boats aground, are not steering and sailing. Don't try to
obfuscate by bring up a bunch of other rules. They don't apply in a
discussion of what Rule 5 says.

Wilbur Hubbard