ing north, should sound one blast as a proposal to the other vessel; and the same vessel desiring to back across a vessel to the northward proceeding south should propose a two-blast signal. In the first of these situations there is an important distinction in the meanings of the one-blast signal, depending upon whether the vessel using it is proceeding ahead or astern. If the vessel heading west blows one blast it is an announcement of her intention to hold course and speed across the other as required by the rules; while if the vessel backing west uses the signal, it is a proposal merely, not enforceable as a matter of right, and the backing vessel must proceed with great caution until her proposal is answered with a whistle of assent by the other. That the stern of a backing vessel is regarded as the bow only in this limited sense, and that the special circumstance rule replaces the regular meeting and passing rules when one or both vessels approach on a collision course stern first is logical when we remember that vessels maneuver with much less certainty of control when backing and that no mariner can be deceived into mistaking the stern of a vessel for her bow. (5) Where one steam vessel proposes action contrary to the rules and the other vessel assents. Again quoting "The Rules of the Nautical Road," at page 227: Action contrary to the rules proposed by one vessel and accepted by the other. In two of the three possible approaching situations between steam vessels the manner of passing is prescribed by the rules. An overtaking vessel may choose the side on which to pass, but a meeting vessel is required to go to starboard and a crossing vessel must comply with the rules of privilege and burden. The dangers and the occasional advisability of being a party to a departure from the usual procedure in the crossing situation have been discussed in a previous chapter. In a crossing collision in New York Harbor the privileged vessel proposed a two-blast signal, the burdened vessel assented with two blasts, and a collision followed. In finding both vessels at fault the Circuit Court of Appeals pointed out that— The situation in this circuit, after the agreement, is one of special cir cumstances. The same arguments apply when two vessels meet "head and head" and one of them proposes a starboard to starboard passing, contrary to the statute both in inland waters and on the high seas. As a concluding statement these arguments may be summarized as follows: (a) A proposal to proceed contrary to law is not binding upon the other vessel. (b) Unless and until such proposal is assented to by the other, both vessels must proceed in accordance with the rules including, in inland waters, the Pilot Rules. (c) When such proposal is assented to by the other, neither vessel thereafter has the right of way, but both are equally bound to proceed with caution under the rule of special circumstances. The Rule of Good Seamanship Nothing in these rules shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, 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. Art. 29 NOTE.-This rule, in effect, defines good seamanship as “any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case." It means that not only must the rules be observed, but if necessary, additional precautions must be taken as well. It calls for the practice of good seamanship at all times, both in obeying the rules and in carrying out any authorized departure from them. In a sense, it has to do with the mariner's conduct preceding, during, and following a collision. In this rule the only mention is made of a proper lookout. However, this single negative statement has been construed by the courts to mean that a proper lookout must be carried at all times when under way, and that (1) he must be an experienced seaman; (2) he must have no conflicting duties; (3) he must be alert and vigilant; (4) he must be stationed as low down and as far forward as possible, which means, when conditions permit, in the eyes of the ship; (5) more than one lookout must be posted if necessary to detect an approaching vessel from any direction; (6) a proper lookout is a matter of good ears as well as good eyes. As said by the Supreme Court: The duty of the lookout is of the highest importance. Upon nothing else does the safety of those concerned so much depend. A moment's negligence on his part may involve the loss of his vessel with all the property and the lives of all on board. The same consequence may ensue to the vessel with which his shall collide. In the performance of this duty the law requires indefatigable care and sleepless vigilance. . . . It is the duty of all courts charged with the administration of this branch of our jurisprudence to give it the fullest effect whenever the circumstances are such as to call for its application. Every doubt as to the performance of the duty and the effect of nonperformance, should be resolved against the vessel sought to be inculpated until she vindicates herself by testimony to the contrary. No rule requires a privileged vessel to hold course and speed until collision is inevitable. If you change course 1° you will have to run 60 miles to move over one mile. Changing course 20° is harder on the steering gear than changing 2°, but easier on the blood pressure. A kick ahead when your speed is too slow is a better remedy than a kick astern when your speed is too fast. Part IX DISTRESS SIGNALS, ORDERS TO HELMSMEN, AND INTERNATIONAL MISCELLANEOUS DISTRESS SIGNALS When a vessel is in distress and requires assistance from other vessels or from the shore the following shall be the signals to be used or displayed by her, either together or separately, namely: In the daytime— FIRST. A gun or other explosive signal fired at intervals of about a minute. SECOND. The International Code signal of distress indicated by N.C. THIRD. The distance signal, consisting of a square flag, having either above or below it a ball or anything resembling a ball. FOURTH. A continuous sounding with any fog-signal apparatus. At night INLAND FIRST. A gun or other explosive signal fired at intervals of about a minute. SECOND. Flames on the vessel (as from a burning tar barrel, oil barrel, and so forth). THIRD. Rockets or shells throwing stars of any color or description, fired one at a time, at short intervals. FOURTH. A continuous sounding with any fog-signal apparatus. Art. 31 When a vessel is in distress and requires assistance from other vessels or from the shore the following shall be the signal to be used or displayed by her, either together or separately, namely: In the daytime— A continuous sounding with any fog-signal apparatus, or firing a gun. At night (1) Flames on the vessel as from a burning tar barrel, oil barrel, and so forth. (2) A continuous sounding with any fog-signal apparatus, or firing a gun. GREAT LAKES Same meaning as Inland. Art. 31 § 322.15 |