ahead, or two blasts of the whistle for the overtaking steamer to pass on the port side of the steamer ahead.

Every steamer overtaking another shall keep out of the way of the overtaken steamer. Every steamer coming up with another steamer from any direction more than two points abaft her beam shall be deemed to be an overtaking steamer, and no subsequent alteration of the bearing between the two steamers shall make the overtaking steamer a crossing steamer within the meaning of the rules in this part, or relieve her of the duty of keeping clear of the overtaken steamer until she is finally passed and clear. If the overtaking steamer is in doubt as to whether she is forward of or abaft this direction, she shall assume that she is an overtaking steamer and keep out of the way.

The steamer ahead shall in no case attempt to cross the bow or crowd upon the course of the overtaking steamer.

§ 332.8

See Note-Article 18, Rule VIII, p. 46 and Note-Article 18, Rule III, p. 47. Overtaken 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.

Pilot Rule Diagram

FOURTH SITUATION

In this situation one steamer is overtaking' another steamer from some point within the angle of two points abaft the beam of the overtaken steamer. The overtaking steamer may pass on the starboard or port side of the steamer ahead after the necessary signals for passing have been given, with assent of the overtaken steamer, as prescribed in § 332.8. § 332.13 (c)

Departure from Rules to Avoid Immediate Danger Only

In construing and obeying these rules, due regard must be had to all dangers of navigation, and to any special circumstances which may exist in any particular case rendering a departure from them necessary in order to avoid immediate danger.

Good Seamanship Required

Rule 24

Nothing in these rules shall exonerate any ship 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. Rule 26

An overtaken vessel is not as fast but she got there first.

An overtaken steamer which consents to be passed still has the right of way.

THE CROSSING SITUATION

NOTE. The situation of two steam vessels crossing is legally the most complex, and physically the most hazardous of the three approaching situations. As said in "The Rules of the Nautical Road,"* at page 176:

There is no other approach of vessels at sea or in inland waters so trying to the souls of seamen as that of two vessels on a near-collision course in the crossing situation. What navigator of a privileged vessel, about to cross another, has not experienced certain tense moments when it appeared doubtful if the burdened vessel was going to do her duty and give way? Moments when the impulse to reverse or sheer out and yield the right of way was barely balanced by a realization of the risk, legal and physical, of changing course or speed? Or what navigator of a burdened vessel in the same situation has not at some time convinced himself by a pair of bearings that he had plenty of time to cross ahead, and then experienced a harrowing interval wondering whether he was going to make it, conscious that if the race ended in a tie, he was hanged higher than Gilderoy's kite? According to the case books, about 40 percent of faulty collisions are crossing cases. When we consider the nervous psychology nearly always present on one or both vessels in these cases, the wonder is that the collision rate is not higher. One is almost inclined to the belief that the crossing situation should have a law against it.

From the practical standpoint of preventing collision the mariner should consider that there are only two types of crossing situation for steam vessels.

The first type is the one in which he looks over to starboard, anywhere from a few degrees on the bow to two points abaft the beam, and picks up another steam vessel heading across his course from right to left. At night this is readily recognized by seeing a red light, accompanied by one or more higher white lights but without a green light. He might consider this the "B" type of crossing case, for Burdened. His vessel is, with one exception, the most burdened vessel the rules contemplate, whether at the moment he is subject to International Rules, Inland Rules, Great Lakes Rules, or Western Rivers Rules. He is burdened definitely and completely. The Rules are specific and positive. In one way or another, they direct him to keep clear, forbid him to cross the other's bow, and order him, if necessary, to slacken speed or stop or reverse. They make it practically impossible for him to get out there in the way of the other vessel at all without disobeying all three of these simple requirements.

His duty is plain to see and easy to do. He must either swing to the right, enough to go a safe distance under the other vessel's stern, or he must reduce headway promptly, and sufficiently for the other vessel to hold on across his bow a safe distance ahead. Of these two alternatives, the first action is to be recommended because, whether by day or by night, it is instantly apparent to the approaching vessel, which can then carry out her own duty with greater confidence.

There is no approach where the taking of bearings, both at the moment of sighting and at repeated short intervals, is more important. The action prescribed in this situation becomes a "must" in every case where the bearings remain constant or where their rate of change is barely perceptible. The burdened vessel should never attempt to cross the bow of the other unless the latter is so far away or is approaching so slowly that the bearings show a continuous and satisfactory change

* "The Rules of the Nautical Road" by Captain R. F. Farwell, USNR. U. S. Naval Institute, Annapolis, Md. (1945).

LIGHTS FOR STEAM VESSELS UNDER WAY
Steam Vessels Crossing-All Waters

Lights of burdened crossing steamer as seen from privileged steamer.

to the right. When this happens, and only then, the two steam vessels may be considered free of the crossing rule because there is no risk of collision.

The second type of crossing situation for two steam vessels is the one that arises when the mariner looks over to port, anywhere from a few degrees on the bow to two points abaft the beam, and sees the other vessel heading across his course from left to right. This situation is recognized at night by seeing a green light, with one or more higher white lights but without a red light. The mariner might consider this case the "P" type, for Privileged. Under the rules in all jurisdictions except Western Rivers, the privileged vessel must hold her course and speed. (In Western Rivers she must hold her course.) This is always a difficult thing to do when the burdened vessel's failure to give way keeps the bearings constant; but, within the limitations set by the rules, it is as positive and inflexible a requirement as is the obligation of the other vessel to keep out of the way. As a matter of obvious fact, it is only by relying on the privileged vessel's adherence to this duty that the burdened vessel can take intelligent action to keep out of her way. This is the very essence of the theory of privilege and burden applied to preventing collision: One vessel to continue exactly what she is doing so that the other can take all the positive action necessary to avoid her.

Now of course it is clear to the reader that we have not described two crossing situations at all, but merely the same situation as seen from the two vessels with exactly opposite points of view. A "B" situation for one vessel is a "P" situation for the other. The foregoing directions, if followed, make a crossing collision impossible. And yet nearly half the collisions in clear weather are crossing collisions. Why? Obviously, for either one of two reasons, both in defiance of the rules: (1) the burdened vessel does not take timely action to give way or (2) the privileged vessel distrusting the burdened vessel, fails to hold course and speed.

In the following rules the action prescribed for both vessels on the high seas and in the various inland waters is shown in detail, and to be understood must be considered in accordance with the difference in the meaning of whistle signals in the several jurisdictions as explained in Part II.

INTERNATIONAL

Importance of Taking Compass Bearings

Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist. Preliminary, Part IV

NOTE.-Continuous bearings should be taken throughout the approach in the crossing situation. Only in this way can it be determined with certainty in close cases (1) whether the bearing is constant; (2) if not, which way it is changing; (3) if changing, whether the change is rapid enough to insure safety.

Two Steam Vessels Crossing

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.

Burdened Steam Vessel Forbidden to Cross Ahead

Art. 19

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.

Art. 22

Burdened Steam Vessel to Slacken Speed if Necessary

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.

Art. 23 NOTE.-Articles 19, 22, and 23, apply to the burdened vessel and permit her to avoid the privileged vessel in any way except to cross her bow. It is the best seamanship for her to make a substantial change of course to the right because (1) she presents her bow, instead of her side, toward the other vessel; (2) she increases the time interval before she reaches the other vessel's track; (3) she decreases the time interval before the privileged vessel is safely across; (4) such action, day or night is immediately apparent to the privileged vessel.

Privileged Steam Vessel to Keep Course and Speed

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 twenty-seven and twenty-nine.) Art. 21 NOTE.-The footnote in Art. 21 applies when the vessels arrive at a point where the privileged vessel can no longer hold course and speed because collision would then be inevitable. Just when that point is reached must be determined, in the nature of the case, by the privileged vessel on the basis of her own maneuverability, which is known, and the other vessel's maneuverability, which can only be estimated. If there is still time for the burdened vessel to clear by going hard right, then the point has not been reached. If it is too late for the privileged vessel to clear by going hard left then the point referred to has already been passed and the remedial action is of no avail. The matter of taking such action effectively, at a moment between these two conditions, is the difficult task of the privileged vessel under the footnote to Article 21.

There is little doubt that in most cases the surest way "to take action as will best aid to avert collision" is for the privileged vessel, once the critical point, in her judgment, has been arrived at, to execute hard left on the rudder and full astern on the engines (or the port engine of a twin screw vessel). The purpose of this action is a combination of maximum turning away from the direction of advance of the other vessel and maximum reduction in forward speed if collision becomes inevitable.

On the high seas the action taken must be accompanied by proper whistle signals as prescribed in Article 28. This article prevents the privileged vessel from whistling while holding course and speed, but requires her to whistle as soon as she alters course or reverses engines.

Departure from Rules to Avoid Immediate Danger Only

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

Good Seamanship Required

Nothing in these rules shall exonerate any vessel, or the owner or