If you will read the following pages with some care you will find that despite the many differences in the several sets of rules used in various sections, there are a few important principles common to all the rules which anyone may understand and follow. Once you have mastered these common principles they will serve as a foundation upon which to develop your memory of the points of difference to be observed as you go from one region to another, as for example, from sea to coastal inland waters, from the Gulf of Mexico into the Mississippi River, or from the Great Lakes down the St. Lawrence River. If you will not depend too much on memory but will re-read the rules reasonably often, you will find you are in the way of knowing the rules as every mariner should know them, so that you can use them correctly, on occasion, without having to look them up. Anyone will concede that a collision approach is not the time or place to study the rules, and that the only alternative is to know them before emergency occasion for their use arises. Before stating these common principles and the points of difference, it would be well to consider a little common sense advice. Never seek a collision situation for no more important purpose than to try out a rule. It is generally foolish and unnecessary for vessels in wide open waters and particularly on the broad bosom of the ocean, to allow themselves to get close enough together so that recourse to the rules must be taken to avoid collision. A proper lookout, day or night, with the taking of adequate bearings, should discover both an approaching vessel and her presumable track in ample time to avoid any near approach. But once any situation as described by the rules is actually entered, the rules must be obeyed until the vessels are finally past and clear. In this connection, there are five important points which should be borne in mind, as follows: (1) The rules as a whole are not optional but mandatory. For example, in the International Rules the word "shall" is used 130 times while the word "may" occurs 15 times. And sometimes where the rule says "may" the rule of good seamanship makes it a "must." (2) The rules must be obeyed promptly, in plenty of time to avoid not only actual collision, but serious risk of it. (3) The rules apply alike to all vessels without regard to flag, public or private ownership, service, size, or speed. (4) Many of the rules have been modified by court interpretation and to be obeyed properly must be understood in the light of that interpretation. (5) Every vessel is governed by the particular rules which apply in the geographical location where she finds herself at the time of an approaching situation. This is always true, except when two vessels approach each other on opposite sides of a line separating one jurisdic tion from another, in which case the rule of special circumstances, which is common to all sets of rules, applies. Every mariner will do well to remember these four cardinal points in the prevention of collision: First, a proper lookout.-A proper lookout is the eyes and ears of the ship. His job is to discover as early as possible the approaching vessel and to report that discovery to the officer on watch. The importance of the lookout can scarcely be overestimated. Because of his importance, the courts require: (a) That he be an experienced seaman; (b) that he have at the time no other duties, such as steering, etc.; (c) that he be alert and vigilant; (d) that he be stationed as low down and as far forward on the vessel as possible, and (e) that a sufficient number of lookouts be stationed to detect an approaching vessel from any direction. Second, the taking of bearings.-Having discovered an approaching vessel, it is not sufficient to judge her position during a subsequent approach by eye alone. Bearings should be taken as soon as a vessel is sighted, and at repeated intervals thereafter, to determine whether or not risk of collision exists. A stationary bearing whether taken by compass, pelorus or bearing board, is positive evidence that without remedial action, collision will occur. The direction and amount of change in bearings determines when such risk ceases, and on which side safe clearance will be made. Do not regard the taking of bearings as a chore. Instead, recognize the operation as a convenient and reliable method of relieving your own tension whenever an approaching situation develops. If the first two or three bearings show a definite change there can be no collision as long as conditions remain the same. If the bearings are constant you have equally certain information that without positive action by one or both vessels collision is inevitable, and can determine and carry out in plenty of time the action best calculated to avoid it. Third, proper lights at night.-The function of lights is to reveal to an approaching vessel the nature and to some extent the course, of your vessel. Between sunset and sunrise be sure you have proper lights burning brightly. This should be checked and reported by the lookout not only at half hour intervals, but again whenever an approaching vessel is reported. Fourth, the use of whistle signals.-The sounding of whistle signals is prescribed by every code of rules for the specific purpose of announcing audibly action intended to avoid collision. On the high seas such signals are required for any proper change of course when another vessel is in sight. In all of the various inland rules an exchange of passing signals is required regardless of a change in course, if the approach is, or will be, within half a mile. The unwarranted omission of the required whistle signals has become one of the principal causes of marine collisions. Do not neglect to observe whistle requirements, nor to repeat signals which apparently are not heard or understood the first time. IMPORTANT POINTS OF SIMILARITY IN THE RULES A careful reading of the rules to prevent collisions on the high seas, coastal inland waters, the Great Lakes, and Western Rivers, reveals a surprising degree of uniformity in principle, despite numerous differences in detail. It is no doubt this uniformity which is the strength of the rules, just as the differences may be said to constitute their chief weakness. With the large and increasing volume of traffic moving from one jurisdiction to another, it is more than ever unfortunate that uniform rules satisfactory to all regions have not been developed. However, the following points may be regarded as already uniform: 1. Approaching steam vessels in good visibility are classified into three situations meeting, overtaking, and crossing. 2. Approaching sailing vessels are classified and required to pass one another in accordance with their courses in respect to the direction of the wind which propels them both. 3. Two steam vessels are said to be meeting if their courses are substantially, or within a point or two of, opposite, or if, as in the case of a winding river, they will become opposite at the point where they meet, even though they may first sight each other at right angles. In open water, under all the rules alike, meeting vessels are required to pass port to port, unless they are already so far to the starboard of each other that they will clear on that side a safe distance without changing course. In order that they may pass safely port to port, a sufficient change of course to the right is required of both vessels, not in the jaws of collision, but at such a safe distance apart and a sufficient number of degrees to avoid even getting into dangerous proximity. 4. An overtaking vessel is one going in the same direction, or within six points of the same direction, as a slower vessel ahead. The rules are uniform in recognizing that the leading vessel was there first, and that the overtaking vessel must take positive action to keep clear of her as long as risk of collision remains. It is par excellence a situation of privilege and burden, with the accompanying obligations of the privileged vessel to keep course and speed, and of the burdened vessel to take all the positive action necessary to keep clear. This principle of privilege and burden is common to all sets of rules, not only in the overtaking situation but when two steam vessels are crossing, when a steam vessel meets a sailing vessel, when a sailing vessel approaches a sailing fishing vessel, and when one ordinary sailing vessel approaches another. 5. Two steam vessels are said to be crossing when one approaches the other on either side in the arc between meeting and overtaking, i. e., from a point or two on the bow to two points abaft the beam. In all four jurisdictions the rules require the privileged crossing steam vessel, i.e., the one having the other on her port hand, to keep course; and, in three of them to keep her speed, until definite remedial action becomes necessary; and the burdened steam vessel to keep clear, to avoid crossing ahead, and if necessary, to slacken speed, or stop, or reverse. When the two steam vessels arrive in dangerous proximity both are required, under the rules, to take positive action to avert collision. In other words the rules are unanimous in providing that no vessel has the right of way through another vessel. 6. In thick weather, there are numerous differences in prescribed sound signals, but the rules in fog are uniform in the following important respects: (a) All vessels are required to give notice of their approach by signals on the whistle, siren or fog horn, and these signals must be given at frequent intervals. (b) Vessels in fog must go at moderate speed, which has been defined by the Supreme Court as bare steerageway, or at such speed as will enable the vessel to come to a standstill in half the distance of visibility. The theory of preventing collisions in fog is the same in all jurisdictions. Collision is to be prevented, not by dodging, but by stopping. The International, Inland, Great Lakes, and Western River Rules are common in providing that whenever a fog signal is heard in a specified arc ahead, speed shall be reduced. 7. The rules are alike in recognizing that situations may arise where specific rules will not work, and where departure from these rules is accordingly necessary. Such departure to avoid immediate danger is authorized in every case by the so-called Rule of Special Circumstances. The rules are similar in authorizing departure from the rules for this purpose only, and only to the extent that such departure is necessary. In the International and Inland Rules, the exact language of the Rule of Special Circumstances is as follows: "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 8. Finally, the provision is made in each set of statutory rules for the observance, in all weathers and situations, of good seamanship, which is defined as “any precaution which may be required by the ordinary practice of seamen." This rule, referred to as the general precautionary rule, or the rule of good seamanship, reads in full as follows: "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." IMPORTANT POINTS OF DIFFERENCE IN THE RULES Unfortunately, there are numerous important points of difference in the several sets of rules, and a primary purpose of this booklet is to set forth these differences in such a manner that they may be easily understood and readily referred to by the mariner. The most important differences are found in the use of whistle signals, both in clear weather and in fog, and in running and anchor lights and day signals required for various types of vessels in different jurisdictions. As long as these differences are allowed to persist, it is the mariner's duty to be thoroughly familiar with them unless he is operating exclusively within one jurisdiction. Seagoing vessels invariably operate on the high seas and in inland waters, and an accurate knowledge of the International, Inland and Pilot Rules should be minimum equipment for officers of such vessels. An additional study of Great Lakes Rules or Western Rivers Rules, each with the accompanying set of pilot rules, becomes necessary when vessels are about to enter the waters which the respective rules cover. INTERNATIONAL APPLICATION OF THE RULES *** the following regulations for preventing collisions at sea shall be followed by all public and private vessels of the United States upon the high seas and in all waters connected therewith, navigable by seagoing vessels. Enacting Clause Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland waters. INLAND Art. 30 * * * the following regulations for preventing collisions shall be followed by all vessels navigating all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and are hereby declared special rules duly made by local authority. Enacting Clause The regulations in this part govern pilots of vessels propelled by steam, gas, fluid, naphtha, or electric motors, and of other vessels propelled by machinery navigating harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries. *** § 312.01 |