What ships to keep their course. Dangers of navigation, and special circumstances to be regarded. ART. 22. Where by the above Rules one of two ships is to keep out of the way, the other shall keep her course (≈). This is substantially the same as Article 18 of the old Regulations, and in effect it is identical. This Article is the necessary consequence of the rules laid down in Articles 16 and 17 (a), because while the obligation of keeping out of the way is cast upon one of the two approaching ships, and the ship charged with that obligation is allowed to keep out of the way in whatever manner she may think best, it is obvious that it would embarrass her movements if she were to be left in doubt as to the course to be followed by the vessel she is seeking to avoid. But important as the rule is, it is one which it is sometimes difficult to carry out in practice, because for a vessel to hold her course when the approaching vessel neglects to keep out of the way, may be to run into certain danger. As we shall see hereafter, however, by the operation of the next Article, a vessel is not bound to continue to keep her course when it becomes obvious that to do so would bring about a collision, which might be avoided if she altered her course. Thus it has always been held that at the last moment a vessel may alter her course to avoid a collision, or to ease the blow (b). ART. 23. In obeying and construing these rules due regard shall be had to all dangers of navigation; and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. This is in substance the same as Article 19 of the former Regulations. This rule only justifies a departure from the preceding rules in exceptional cases where such departure is necessary in order to avoid immediate danger (c); and where a vessel seeks to justify such a departure the onus of proving that circumstances existed to render the departure necessary rests with her (d). But (a) As to the meaning of the phrase "keep her course,' see The Velocity, L. R., 3 P. C. 44; The Niord, L. R., 3 P. C. 436; The Ranger, L. R., 4 P. C. 519; The Elizabeth Jenkins, L. R., 1 P. C. 501; The Great Eastern, 3 Moo. P. C. C., N. S. 31; Br. & L. 287; The Marmion, 1 Asp. Mar. Law Cases, 412; The Falkland, Br. & L. 204. (a) Supra, p. 601. (b) The Lady Ann, 15 Jur. 18; The Vivid, 7 No. Ca. 127; The General Lee, L. R. Irish, 3 Eq. 155. See also The Bywell Castle, 4 P.D.219; The Khedire, nomine Stoomvaart Maatschappy Niederland v. P.&O. Steam. Co., 5 App. Ca. 876. (e) The Elizabeth Jenkins, L. R., 1 P. C. 501; The Great Eastern, 3 Moo. P. C. C. (N. S.) 31; Br. & L. 287; The Moderation, nomine Dryden v. Allix, 1 Moo. P. C. C. 528. (d) The Concordia, L. R., 1 A. & E. 93; The Spring, L. R., 1 A. & E. 99 ; The Velasquez, L. R., 1 P. C. 494; The where circumstances exist which make it certain that a vessel, by adhering to the Regulations, will bring about a collision, whilst by a departure from the Regulations the collision may certainly be avoided, it is the duty of a vessel to depart from the Regulations (g). No Ship, under any circumstances, to neglect proper Precautions. ART. 24. Nothing in these rules shall exonerate any ship, or Precautions required of the owner, or master, or crew thereof, from the conse- seamen not to quences of any neglect to carry lights or signals, or of be disreany neglect to keep a proper look-out, or of the neglect of any precautions which may be required by the ordinary practice of seamen, or by the special circumstances of the case. This Article is identically the same as Article 20 of the former Regulations. The object of this Article is to make it clear that the Regulations are not intended to form a complete code prescribing the duty of vessels under all circumstances, but that the precautions required by the ordinary practice of seamen are to be observed in addition to the rules laid down by the Regulations (). garded. Reservation of Rules for Harbours and Inland Navigation. ART. 25. Nothing in these rules shall interfere with the Local haroperation of a special rule, duly made by Local Authority, inland Great Eastern, 3 Moo. P. C. C., N. S. 31; The John Buddle, 5 No. of Cas. 387, in the judgment in which case is the following passage:-"But all rules are framed for the benefit of ships navigating the seas, and, no doubt, circumstances will arise in which it would be perfect folly to attempt to carry into execution every rule however wisely framed. It is at the same time of the greatest possible importance to adhere as closely as possible to established rules, and not to allow a deviation from them unless the circumstances which are alleged to have rendered such deviation necessary are most distinctly proved and established; otherwise vessels would always be in doubt and doing wrong." See also The Khedive, 5 App. Cas. 876, and The Immagenda Sara Clasina, 7 No. of Ca. 585; S. C. on appeal, nomine Vaux v. Sheffer, 8 Moo. P. C. C. 75. (g) The Hope, 1 W. Rob. 157; The Blenheim, 1 Spks. 289; The Ida, 2 Mar. Law Cas. 414, and the judgment in The Anglo-Indian, 2 Mar. Law Cas. 239, where Dr. Lushington said, "You may depart, and must depart, from a rule if can But, in common justice, when charging (h) See The Oceano, 3 P. D. 60; and bour, river or navigation rules not superseded. Saving for station lights for ships of war and ships under convoy. relative to the navigation of any harbour, river, or inland navigation. The effect of this rule seems to be to make local regulations in the waters, for which they are in force, supersede the general Regulations. It seems to have been framed by way of precaution lest any conflict should arise between the general Regulations and regulations made by any local authority relative to the navigation of the waters under the jurisdiction of such local authority. Provisions similar in effect to this rule are contained in the 31st section of the M. S. Act, 1862. The rules in force relative to the navigation of harbours, rivers, and inland navigations will be discussed hereafter (¿). Special Lights for Squadrons and Convoys. ART. 26. Nothing in these rules shall interfere with the operation of any special rules made by the Government of any nation with respect to additional station and signal lights for two or more ships of war, or for ships sailing under convoy. This Article is new. The Regulations for preventing collisions at sea have never been held to be binding by force of law upon Queen's ships, although instructions containing the same rules as the Regulations for the time being in force are issued from time to time by the Commissioners of the Admiralty for the guidance of the officers in charge of such ships (k). Ships of war of foreign nations, when they have submitted themselves to the jurisdiction of the Admiralty Court, have it (i) See infra, p. 609. There are many rivers in the United Kingdom where no such rules as those referred to in the above Article are in force. In the case of a collision in these rivers it is difficult to determine at what point the Regulations for preventing Collisions at Sea cease to be applicable. Where a collision occurred in the River Humber near the Flat Holme Sand between two steamships, one of which had her side lights obscured contrary to the Regulations for preventing collisions at sea, it was held by the Privy Council, no evidence having been given of any local regulations applicable to the Humber, that the steamship whose side-lights were so obscured was in fault for the collision under the provisions of the 17th section of the M. S. Act, 1873, on the ground of her having infringed a regulation made under the M. S. Act, 1862, within the terms of that section. The Germania, P. C. June 17, 1875. See also The Swanland, 2 Spks. 107. As to the effect of customary rules with respect to the navigation of a particular river, see The Fynenoord, Swa. 374, where it was held that although the provisions of the M. S. Act, 1854, were not applicable to foreign ships in the Thames, yet that the Court would presume that a customary course of navigation emanated from the rules of navigation contained in that statute, and that that course was binding on foreign ships. See also The Smyrna, nomine The Imperial, &c. Danubian Steam Navigation Co. v. The Greek and Oriental Steam Navigation Co., 2 Moo. P. C. C., N. S. 447. (k) See supra, p. 588, note (r). seems always consented to be judged by the Regulations applicable to merchant ships (k). SHIPS AS TO In order to enforce a compliance with the above Regulations INSPECTION OF for preventing collisions at sea, on the masters and owners of British ships, the Merchant Shipping Act, 1862, provides, by sect. 30, that surveyors or other persons appointed by the Board of Trade may inspect any ship for the purpose of seeing that she is properly provided with lights and fog signals; and that if the surveyor finds that she is not properly provided in these respects, he shall give notice in writing to the master or owner, pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy it. Every notice so given must be communicated to the collector of customs at any port from which the ship seeks to clear, or at which her transire is to be obtained, and no collector of customs to whom such a communication has been made may clear the ship or grant her a transire without a certificate signed by one of the surveyors of the Board of Trade that she is properly provided with lights and fog signals in pursuance of these regulations (/). FOR PREVENT SEY SEA By the Mersey Sea Channels Act, 1874 (37 & 38 Vict. c. 52), REGULATIONS special regulations are enacted for preventing collisions in the ING COLLISIONS sea channels leading to the River Mersey, and it is provided IN THE MERthat any general regulations for preventing collisions at sea for CHANNELS. the time being in force under the provisions of the Merchant Shipping Acts shall be construed as if the following regulations were added thereto; that is to say: 1. Every steamship, and every vessel in tow of any steamship, when navigating in the sea channels or approaches to the River Mersey between the Rock lighthouse, and the furthest point seawards to which such sea channels or approaches respectively are for the time being buoyed on both sides, shall, whenever it is safe and practicable, keep to that side of the fairway or midchannel which lies on the starboard side of such steamship or vessel in tow (m). 2. Every ship at anchor in the said sea channels or approaches within the limits aforesaid shall carry the single white (k) See The Lord Byron, Adm. Div. Nov. 10, 1879. (1) See Appendix, "Forms," No. 46, where the form of the certificate is printed. As to the appeal to a Court of Survey from a refusal to grant this () Appendix, p. cccxxviii. REGULATIONS AS TO DOCK light prescribed by Article 7 (n) of the General Regulations for preventing collisions at sea, made under the authority of the Merchant Shipping Act Amendment Act, 1862, at a height not exceeding twenty feet above the hull, suspended from the forestay or otherwise near the bow of the ship where it can be best seen; and in addition to the said light, all ships having two or more masts shall exhibit another similar white light at double the height of the bow light at the main or mizzen-peak, or the boom topping lift, or other position near the stern, where it can be best seen (o). By virtue of the 3rd and 5th sections of the Dockyard Ports YARD PORTS. Regulation Act, 1865, the Queen in Council is empowered to define the limits of any dockyard port (p), and to make regulations for, amongst other things, the prohibiting the mooring or anchoring of vessels so as to obstruct the navigation of the port, and the navigating of vessels in any part of the port at a greater speed than is specified in such Regulations. It is provided by sect. 7 of the same act that in relation to any dockyard port it shall be lawful for her Majesty in Council, by Order in Council, on the joint recommendation of the Admiralty and the Board of Trade, to make rules concerning the lights or signals to be carried or used, and the steps for avoiding collisions to be taken by her Majesty's vessels and other vessels navigating the waters of the port and of the approaches thereto; and such rules shall, with respect to her Majesty's vessels and other vessels navigating those waters, have the same effect as if they had been regulations originally contained in Table C. in the schedule to the Merchant Shipping (n) See Order in Council of the 9th of January, 1863, Schedule Art. 7 (Appendix, p. 40). (0) If these regulations are infringed, and it is proved that the infringement might possibly have contributed to the collision, the same consequences will follow as if a similar infringement of the regulations for preventing collisions in force under the M. S. Acts had taken place, and the ship guilty of the infringement will be deemed in fault for the collision, under the M. S. Act, 1873, s. 17. See The Lady Downshire, 4 P. D. 26; and post, p. 628, note (y). (p) 28 & 29 Vict. c. 125; Appen dix, p. cclx. The act in sect. 2 defines dockyard port" to mean any port, harbour, haven, roadstead, sound, channel, creek, bay or navigable river of the United Kingdom, in, on or near which her Majesty has or shall have any dock, dockyard, steam factory, yard, victualling yard, arsenal, wharf, or mooring. The same section of the act defines "vessel" to include ship, boat, lighter and craft of every kind, however propelled; and sects. 8 and 9 provide for the printing by the Admiralty of copies of all Orders in Council under the act, and for their publication and admission in evidence. See Appendix, pp. cclx, cclxi. |