and unbroken light visible all round the horizon, at a distance of at least one mile. This Article corresponds with Article 7 of the Regulations of 1863. The wording is slightly different, but the only alteration of consequence is that the present Article 8 applies to ships at anchor anywhere, while the corresponding Article of the former rules applied only to ships brought up in a roadstead or fairway. Art. 8. obscured. A riding light should not be placed where it is obscured Riding light in any direction by masts, spars, sails, or rigging. It must not be is assumed that vessels at anchor are stationery (h), or nearly so; ships, therefore, when at anchor, must not be allowed to sheer about more than can be avoided. A vessel ashore in a situation where other ships may run into her, although probably she does not come within the terms of Article 8, is required to exhibit a light to warn other ships of her position (i). In America it has been held that a ship moored to a Ship moored wharf out of the regular track of ships is not required to to a wharf. exhibit a light (k). But a tug moored to a boom anchored in a fairway was held in fault for having no riding light up (1). lights. As to special riding lights for ships in the Mersey, Special riding dredgers in the Thames, and ships moored in the Suez Canal, see the Appendix. British drift net fishing boats at anchor exhibit two horizontal lights: infra, p. 259. ARTICLE 9. Art. 9. A pilot vessel, when engaged on her station on pilotage duty, shall not carry the lights required for other vessels, Lights for (h) The Esk and The Gitana, L. R. 2 A. & E. 350. (i) The Industrie, L. R. 3 A. & E. 303; Kidson v. McArthur, 5 Sess. Cas., 4th series, 936. (k) Culbertson v. Shaw, 18 How. 584; The Granite State, 3 Wall. 310. (1) The Willard Saulsbury, cited 1 Pars. on Ship., ed. 1869, 564. pilot vessels. Art. 9. Art. 10. Lights for open boats and fishing vessels. but shall carry a white light at the mast-head, visible all round the horizon, and shall also exhibit a flare-up light, or flare-up lights, at short intervals, which shall never exceed fifteen minutes. A pilot vessel, when not engaged on her station on pilotage duty, shall carry lights similar to those of other ships. There are considerable differences between this Article and the corresponding Article (No. 8) of the Regulations of 1863. Under the latter questions frequently arose as to the proper lights to be carried by pilot boats, when not serving vessels (m). The present Regulation will apply to steam, as well as sailing, pilot boats, should steam pilot boats be introduced. It has been held that a pilot boat in tow of another ship must not carry her mast-head light (n). A boat with pilots on board, and serving ships, would seem to be a pilot vessel within the scope of Article 9, whether the pilots were licensed pilots or not (n). It has been held in America that a vessel running down a pilot boat from which she was taking a pilot was equally in fault, although the pilot boat was not carrying the Regulation light (0). ARTICLE 10. (a) Open fishing boats and other open boats when under way shall not be obliged to carry the side lights required for other vessels, but every such boat shall in lieu thereof have ready at hand a lantern with a green glass on the one side and a red glass on the other side; and on the approach of or to other vessels such lantern shall be exhibited in sufficient time to prevent collision, (m) The Wanata, 4 Bened. 310; 5 Otto. 600; The Edinburgh, before the Wreck Commissioner, March, 1879. (n) The Mary Hounsell, 4 P. D. 204; 40 L. T. N. S. 368. (o) The City of Washington, 2 Otto. 31. so that the green light shall not be seen on the port side, nor the red light on the starboard side. (b) A fishing vessel and an open boat when at anchor shall exhibit a bright white light. (c) A fishing vessel, when employed in drift net fishing, shall carry on one of her masts two red lights in a vertical line one over the other, not less than three feet apart. (d) A trawler at work shall carry on one of her masts two lights in a vertical line one over the other, not less than three feet apart—the upper light red and the lower green —and shall also either carry the side lights required for other vessels, or, if the side lights cannot be carried, have ready at hand the coloured lights as provided in Article 7, or a lantern with a red and a green glass as described in paragraph (a) of this Article. (e) Fishing vessels and open boats shall not be prevented from using a flare-up in addition if they desire to do so. (f) The lights mentioned in this Article are substituted for those mentioned in the 12th, 13th and 14th Articles of the Convention between France and England scheduled to the British Sea Fisheries Act, 1868 (p). (g) All lights required by this Article, except side lights, shall be in globular lanterns so constructed as to show all round the horizon. This Article corresponds with Article 9 of the Regulations of 1863, with some additions and alterations. It puts an end to a conflict which previously existed between the Sea Fisheries Act, 1868, and the International Regulations; and to many difficulties which arose under the former Regulations as to lights for trawlers and fishing boats (q). Art. 10. (p) See Appendix for this Act; and see also 38 & 39 Vict. c. 15, s. 3. (2) Such as arose in The Robert and Ann v. The Lloyds, Holt, 55; Art. 11. Light for overtaken ship. Art. 12. for thick ARTICLE 11. A ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light, or a flare-up light. This Article is new. It is the duty of a ship being overtaken by another at night in such a direction that her side lights are not visible to the latter, and so that there is risk of collision, to keep the other ship in view, and, if necessary, warn her of her danger by showing a light over her stern (r). But under ordinary circumstances a ship is not bound to keep a look-out astern, and it is not her duty to, nor should she, carry a light permanently showing over her stern. If run down by an overtaking ship she. will not be held in fault for not warning the latter, or for not showing her a light, unless it is proved that she saw the other in time, and deliberately neglected to warn her (s). Under the Regulations of 1863, when there was no Regulation in force corresponding to Article 11, a ship not having a bright light available was held not to be in fault for showing over her stern one of her side lights (t). ARTICLE 12. A steam-ship shall be provided with a steam-whistle or Sound signals other efficient steam sound signal, so placed that the sound may not be intercepted by any obstructions, and with an efficient fog-horn to be sounded by a bellows or other mechanical means, and also with an efficient bell. A weather. (r) The City of Brooklyn, 3 Asp. Mar. Law Cas. 230; The AngloIndian, ibid. 1; The Hannah Park v. The Lena, 2 Mar. Law Cas. 345; The Earl Spencer, L. R. 4 A. & E. 431. These cases were decided under the Regulations of 1863. (s) The Hannah Park v. The Lena, ubi supra. (t) The Anglo Indian, 3 Asp. Mar. Law Cas. 1. sailing-ship shall be provided with a similar foy-horn and bell. In fog, mist, or falling snow, whether by day or night, the signals described in this Article shall be used as follows-that is to say, (a) A steam-ship under way shall make with her steamwhistle, or other steam sound signal, at intervals of not more than two minutes, a prolonged blast. (b) A sailing-ship under way shall make with her fog-` horn, at intervals of not more than two minutes, when on the starboard tack one blast, when on the port tack two blasts in succession, and when with the wind abaft the beam three blasts in succession. (c) A steam-ship and a sailing-ship when not under way shall, at intervals. of not more than two minutes, ring the bell. This Article goes into more detail, and is in some respects different from the corresponding Regulation (Article 9) of 1863. It contemplates sirens taking the place of steam-whistles; it makes the blasts of the whistle and horn more frequent; and the indication of the sailingship's course by sound is entirely new (u). The fog signal required of steam-ships appears to be modified by Article 19 when another ship is in sight to which a vessel wishes to indicate by whistling an alteration of her own helm. As to the meaning of "under way," see Article 3, supra, p. 149. In a case under the Rules of 1863, Sir R. Phillimore decided that a sailing-ship hove-to in a fog should sound a fog-horn and not a bell (x). It would appear that every ship not actually at anchor should sound her whistle or horn. By the maritime law it was the duty of a sailing-ship under way in a fog to sound a horn (y). By local rules in force in different waters ships (u) In America these signals have been enforced by law for many years. (x) The Pennsylvania, 3 Mar. Law M Art. 12. |