4. Steam and Sailing Vessels Approaching Each Other Same as International. Art. 20. § 312.8 Art. 26 5. Sailing Vessel Approaching Sailing Vessel with Fishing Gear Out Same as International. GREAT LAKES Privileged Vessel to Keep Course and Speed Same meaning as International. Burdened Vessel to Keep Clear Rule 20 Every steam vessel which is directed by these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. Vessels Specified As Privileged Rule 21 1. Two Steam Vessels Meeting in Rivers or Channels with Current That in all narrow channels where there is a current, and in the rivers Saint Mary, Saint Clair, Detroit, Niagara, and Saint Lawrence, when two steamers are meeting, the descending steamer shall have the right of way, and shall, before the vessels shall have arrived within the distance of one-half mile of each other, give the signal necessary to indiIcate which side she elects to take. 2. Two Steam Vessels Crossing Same meaning regarding right of way as International. Rule 24 3. One Vessel Overtaking Another Same as International. 4. One Sailing Vessel Approaching Another Rule 18. § 322.10 Rule 22. § 322.8 When two sailing vessels are approaching one another so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep out of the way of a vessel which is closehauled. (b) A vessel which is closehauled on the port tack shall keep out of the way of a vessel which is closehauled on the starboard tack. (c) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When they are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. Rule 16 5. Steam and Sailing Vessels Approaching Each Other When a steam vessel and a sailing vessel are proceeding in such di rections as to involve risk of collision the steam vessel shall keep out of the way of the sailing vessel. Rule 19. § 322.11 6. Sailing Vessel Approaching Sailing Vessel with Fishing Gear Out Not in Great Lakes Rules, but probably applies under Article 28, International. WESTERN RIVERS Privileged Vessel to Keep Course Where, by rules seventeen, nineteen, twenty, and twenty-two, one of two vessels shall keep out of the way, the other shall keep her course, subject to the qualifications of rule twenty-four. Rule 23 Approaching Steam Vessel to Reduce Speed Every steam vessel, when approaching another vessel, so as to involve risk of collision, shall slacken her speed, or if necessary, stop and reverse; and every steam vessel shall, when in a fog, go at a moderate speed. Rule 21 Privileged Crossing Steam Vessel to Keep Course and Speed When two steamers are approaching each other at right angles or obliquely so as to involve risk of collision, other than when one steamer is overtaking another, the steamer which has the other on her own port side shall hold her course and speed.***** § 332.9 NOTE. This pilot rule is invalid insofar as it requires the privileged vessel to hold her speed. Rule 21, which is statutory requires her to reduce speed. Vessels Specified as Privileged 1. Ascending and Descending Steamers Meeting *****When an ascending steamer is approaching a descending steamer, the pilot of the ascending steamer shall give the first signal for passing, which shall be promptly answered by the same signal by the pilot of the descending steamer, if safe to do so, and both shall be governed accordingly; but if the pilot of the descending steamer deems it dangerous to take the side indicated by the ascending steamer, he shall immediately signify that fact by sounding the alarm or danger signal of four or more short and rapid blasts of the whistle, and it shall be the duty of the pilot of the ascending steamer to answer by a signal of four or more short and rapid blasts of the whistle, and the engines of both steamers shall be immediately stopped, and backed if necessary, until the signals for passing are given and answered. After sounding the alarm signal by both steamers, the pilot of the descending steamer shall indicate by his whistle the side on which he desires to pass, and the pilot of the ascending steamer shall govern himself accordingly, the descending steamer being entitled to the right of way.' ***** 2. Two Steam Vessels Crossing § 332.1 Rule 19. § 332.9 Same meaning regarding right of way as International. 3. One Vessel Overtaking Another Same meaning regarding right of way as International. 4. One Sailing Vessel Approaching Another Same as International. Rule 17 5. Steam and Sailing Vessels Approaching Each Other Same meaning at International. Rule 20 6. Sailing Vessel Approaching Sailing Vessel with Fishing Gear Out Not in Western Rivers Rules but probably applies under Article 26, International, in waters navigable by seagoing vessels. A burdened vessel certainly is. Being privileged is no privilege. Good seamanship, like some other things, takes a lot of practice to get good at it. A kick ahead when your speed is too slow is a better remedy than a kick astern when your speed is too fast. Part VIII SPECIAL CIRCUMSTANCES NOTE.-An essential part of the pattern that makes any set of rules to prevent collisions is the frank recognition that there are times and conditions where the rules will not work. Accordingly, the so-called general prudential rule, or rule of special circumstances, was adopted in practically identical language as part of the International, Inland, Great Lakes, and Western Rivers statutes, and repeated in each of the corresponding sets of pilot rules. The most important point for the mariner to remember about this rule is, that it is not a substitute at will for the rules which ordinarily apply, but on the contrary is to be used only to avoid immediate danger. As said in "The Rules of the Nautical Road" at page 214: There is a popular fallacy among navigators that whenever a perceptible risk of collision exists the rules, except Arts. 27 and 29, at once cease to apply, and from that moment on it is each man for himself and the devil take the hindmost. A moment's reflection will convince anyone of the folly of having rules which would not hold up in a reasonably close situation. Of course, there was no such intention at the international conference. The real key to the matter as brought out in decision after decision of the courts, is in the words immediate danger. And as said by the Supreme Court: Exceptions to the International Rules, provided for by this rule, should be admitted with great caution, and only when imperatively required by the particular circumstances. Therefore under all ordinary circumstances, a vessel discharges her full duty and obligations to another by a faithful and literal observance of these rules. INTERNATIONAL General Prudential Rule, or Rule of Special Circumstances In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. Art. 27, § 312.11 NOTE. The courts have recognized five kinds of cases in which the general prudential rule permits a departure from the other rules under the doctrine of special circumstances: (1) Where from any cause two vessels get so close to each other that collision is inevitable without preventive action by both. This is illustrated in all situations of privilege and burden when the vessels reach the position covered by the footnote of Article 21, International. (2) Where apparent physical conditions prevent compliance with the ordinary rules. Example, a tug with tow astern going down a swift river meeting a free vessel crossing the river, necessarily has the right of way, even if the free vessel is on her starboard hand. (3) Where more than two vessels meet in one approaching situation. As said in "The Rules of the Nautical Road,"* at page 222: * "The Rules of the Nautical Road" by Captain R. F. Farwell, USNR. U. S. Naval Institute, Annapolis, Md. (1945). Presence of more than two vessels.—It frequently happens, of course, in crowded harbors that more than two vessels are involved in an approaching situation. The same thing may even happen occasionally at sea. In all such cases, special circumstances may be deemed to exist the moment any of the vessels is prevented from obeying the usual rules. Thus, under the regular rules in inland waters, if vessel A, heading north, is meeting vessel B, heading south, while vessel C is approaching from eastward to cross them, a complex situation arises; for A and B with respect to each other should alter course to the right and sound one blast, but with respect to C, B should maintain course and speed. C, on the other hand, is required simultaneously to maintain course and speed with respect to A and to give way with respect to B, and a one-blast signal by her would indicate both maneuvers, a physical impossibility. Similarly, if A is overtaking B, and C is crossing from starboard, B would be bound to hold course and speed with respect to A and to yield with respect to C. In such cases, a timely and judicious use of whistle signals will frequently solve the dilemma with a minimum delay to any of the vessels, although great care must be taken to guard against collision resulting from the acceptance by one vessel of a signal intended for another. Thus, in a situation in inland waters where one vessel is heading north to pass between two vessels proceeding south but far enough apart so that the maneuver is practicable without a change in course by any of them, a signal of one blast will usually be exchanged between the single vessel and the one to be passed to port, and two blasts between the single vessel and the one to be passed to starboard; under International Rules, with the conditions as stated, no signals would be used. A point to remember is that because special circumstances exist every vessel must, at the first evidence of confusion, be prompt to reduce her headway or to take any other steps necessary to avoid collision. It is a situation where the unpardonable sin is to maintain a dangerous rate of speed on the theory of a preconceived right of way that would apply were there only two vessels involved. As a precaution on the other side, the situation is not one of special circumstances if the relative distances apart and speeds are such that obedience to the ordinary rules will cause the vessels to encounter each other two at a time; in that case these rules must be followed. (4) Where a situation is not specifically covered by the rules, as when one vessel backs towards another. The following example is from "The Rules of the Nautical Road,” at page 225: It frequently happens in a harbor that when vessels are maneuvering to change their berths one vessel approaches another while going astern, and occasionally a collision has occurred where both vessels approached each other stern first. The only reference in the rules to signals by a vessel backing is the requirement of Art. 28, International and Inland Rules, that three short blasts be blown if another vessel is in sight, and this signal must, of course, be given before any other maneuvering signal. The rules are silent regarding meeting and passing signals of backing vessels. While it is the practice of seamen to regard the stern of a vessel as her bow when she is actually proceeding stern first, numerous court decisions such as those already cited justify the opinion that it is the special circumstance rule which properly governs such a situation. It is true that the stern may be regarded as the bow to the extent that it enables the mariner to determine what passing whistle in inland waters to propose to the other vessel. Thus a steamer backing west, desiring to back across a vessel to the southward proceed |