ART. 19

STEERING AND SAILING RULES.

STEERING AND SAILING RULES.

ARTICLE 19.

When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other.

This Rule has not been altered. It only applies to the case of a steam vessel having another steam vessel on her starboard side from a bearing of from about 4 degrees on the starboard bow to 2 points abaft the beam on the starboard side, and only then when the vessels are in such a position that if each keeps her course and speed there will be risk of collision, when it will be the duty of the vessel having the other vessel on her starboard side to port her helm and go astern of her, or to ease, stop, or reverse her engines (Articles 22-23). If the steam vessel on the starboard side is more than 2 points abaft the beam she is an overtaking vessel, and by Article 24 is bound to keep out of the way of the vessel she is overtaking.

When navigating a winding channel or on approaching any obstacle round which vessels must pass, the particular direction taken for a moment or a few moments in rounding a corner or avoiding an obstacle is not such an indication of the real course of the ship as to justify another ship in concluding that she is a crossing ship for which she must act,1 and the approaching steamer should be carefully watched before deciding whether this Rule is applicable.

This Article has been held to apply to ships in different channels but whose courses if continued will intersect. For example: A vessel proceeding down Cardiff Drain on a S.W. Course and a vessel proceeding up the entrance channel to the Roath Basin on a N.N.E. course are vessels on crossing courses and the steamer proceeding up the entrance channel to the Roath Basin is bound to give way for the other.2

1 The Oceano, 3 P.D. 63.

2 The Leverington, 11 P.D. 118.

STEERING AND SAILING RULES.

ART. 20

STEERING AND SAILING RULES.

ARTICLE 20.

When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sailing vessel.

This Rule, although slightly altered in its wording, has exactly the same meaning as the corresponding Article 17 of the old Rules.

The reason for this Rule is obvious. A steamer unencumbered is nearly independent of the wind. She can turn out of her course and turn into it again with little difficulty or inconvenience. She can slacken or increase her speed, stop or reverse her engines, and can move in one direction or the other with the utmost facility. She is therefore with reason considered bound to give way to a sailing ship, which is less subject to control and less manageable.1

By this Rule every steamship, whether towing or not, must keep out of the way of a sailing ship. How she is to do this is settled in Articles 22 and 23. She must not, unless compelled to avoid immediate danger, cross a-head of the sailing ship, and she must, if necessary, slacken her speed or stop and reverse her engines.

When approaching a sailing ship on nearly an opposite course to her own, she must pass the sailing ship on the side which the sailing ship presents to her. There is only one case in which the steam vessel will have an option as to which side she is to pass a sailing ship, and that will be when she is directly a-head of the sailing ship; for Article 22 cannot then apply. That the sailing ship is becalmed will not preclude the operation of this Rule as one of the vessels, the steam ship, will be "proceeding" within the meaning of this Article.

By Article 24, if the sailing ship is overtaking the steam vessel, the sailing ship must keep out of the way.

Although the steam ship has to give way, yet a sailing ship The Independence, 14 Moo. P.C.C. 103.

ART. 20

STEERING AND SAILING RULES.

must not hamper her movements. If compelled by force of circumstances, as by the closeness of the shore or risk of collision with other vessels, the sailing ship may tack near to the steam vessel; and the steam vessel ought to be ready to act if she does so.1

The fact that a steam vessel is neglecting to keep out of the way of a sailing ship, does not make it the duty of the sailing ship to take measures to avoid collision, except possibly under very exceptional circumstances; because it is possible for the steamship to act for the sailing ship up to almost the last moment; and any action on the part of the sailing ship might be liable to increase the risk of collision. If the sailing vessel finds herself so close that collision cannot be avoided by the action of the steam vessel alone, she also must take such action as will best aid to avert collision (Article 21).

2

3

There seems some doubt since the decision of the Tweedsdale, whether this Article will apply to the case of steam vessels engaged in fishing, meeting, or being met by, sailing vessels. Under the present Regulations a new Rule has been introduced making it compulsory for sailing vessels to get out of the way of sailing trawlers and drift netters. If the legislature had intended that steam trawlers also should have been exempted from the operation of Article 20, they no doubt would have been mentioned in Article 26.

In the Tweedsdale, a decision on Article 9 of the New Rules, a steam trawler with her trawl down making 1 to 1 knots an hour through the water and showing at her masthead the trawling lights (a white light and a red, white, and green light) as mentioned in Article 9, was run into by a sailing ship. The trawler was free from blame for not acting for the sailing ship, because the circum'stances in which she was placed (viz., being encumbered by her trawl) justified her in disobeying Article 20. It was also held that if her speed through the water had been sufficient to have given her steerage way she ought to have shown the ordinary lights for a steam vessel under way and to have acted as such1 (see Articles 9 and 26).

1 The Palatine, 1 Asp. 468. 27 L.T.N.S. 631.

• The Highgate, 62 L.T.N.S. 841.

3 14 P.D. 164.

• It is probable that this point will be dealt with when Article 9 is revised. 5 14 P.D. 164.

STEERING AND SAILING RULES.

ART. 21

STEERING AND SAILING RULES.

ARTICLE 21.

Where by any of these Rules one of two vessels is to keep out of the way, the other shall keep her course and speed.

NOTE. When, in consequence of thick weather or other causes, such vessel finds herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will best aid to avert collision (see Articles 27 and 29].

Under this Rule the duties of a steamship which has to keep her course are exactly the same as the duties of a sailing ship under the old Rules. She must obey the Rule implicitly until she sees that a collision is inevitable unless she takes some steps to avoid it; and then, and only then, must she do what is best to avoid collision. Strict compliance with this Rule is necessary, because it is possible for the giving-way vessel to act up to almost the last moment; and any action on the part of the vessel that is to keep her course and speed might be liable to mislead the other vessel and to increase the risk of collision.1

This Rule (notwithstanding the note) does not, it is submitted, apply to steam vessels in fog, mist, falling snow, or heavy rain storms, and a steam vessel under these circumstances hearing the whistle of another steam vessel forward of her beam on the port side, the position of which is not determined, must stop her engines and navigate with care and caution until danger of collision is over.2

When a collision appears to be imminent, and action has to be taken as directed by the note to this Rule, and all depends upon. the course of action immediately pursued, nothing can be more important than that those who have charge of the navigation of the vessel should remember that if they depart from the Rule, which directs them to keep their course and speed, they must

1 The Highgate, 62 L.T.N.S. 841.

2 Article 16, page 38.

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ART. 22

STEERING AND SAILING RULES

prove, not only to their own satisfaction, but also to the satisfaction of the Court which has to decide the question, that what was done was necessary for the purpose of avoiding immediate danger.1

A sailing ship is required by this Rule to keep her course and speed, and she must do so unless the circumstances are such that she ought to obey the note to this Rule.

A vessel close-hauled does not break this Rule by luffing a little so long as she does not get so close to the wind that her sails shake, but luffing to the extent of 2 points is an infringement of this Rule. Giving room to an overtaking vessel is not a breach of this Rule, and a vessel must not obstinately keep her course, when, by departing from it, a collision can be avoided."

STEERING AND SAILING RULES.

ARTICLE 22.

Every vessel which is directed by these Rules to keep out of the way of another vessel shall, if the circumstances of the case admit, avoid crossing ahead of the other.

This Article is new to the Regulations, and applies to all the cases governed by Articles 17, 19, 20, 21, 23, 24, and 26.

It can hardly apply to the End-on Rule (Article 18), for by that Rule no direct injunctions are given to the vessels to keep out of the way of each other, but only explicit directions to be observed when vessels are in certain positions.

If Article 22 applied to vessels approaching end on to each other, in one instance compliance with the directions of the End-on Rule (Article 18) would cause a breach of this Article. For

The Khedive. 5 App. Cas. 909.

2 The Earl Wemys. 61 L.T.N.S. 289.

3 The Franconia. 2 P.D. 11.

The Lake St. Clair v. the Underwriter. 3 Asp. 361.