Recently there have been several posts in different social media groups that posted a reminder through the depiction of various states of the rules of the road and speed restriction zones; e.g. “no wake” minimal wake” and “resume safe.”
Whenever I come across these types of posts, my mind goes to how the average boater doesn’t understand “the rules” or what to do when you come across other boaters on the water. To put it another way… Who has “the right of way!”
Before I begin, the term “right of way” does not exist on the water or navigation. What does exist are a set of international set of regulations (or rules) that set forth responsibilities for collision avoidance.
These “collision regulations” more formally referred to as the “Convention on the International Regulations for Preventing Collisions at Sea, 1972” or “COLREGs” or “COLREGS72.” And as the name suggests, are rules that provide a solid foundation for collision avoidance as well as provide a reference when determining fault when a collision between vessels occur.
Additionally, COLREGs also goes by term “Rules of the Road.” And as a side note, all inspected vessels and all recreational vessels over 65 feet must have a copy of the Rules of the Road on board.
These regulations apply TO ALL VESSELS; not just commercial vessels. Any vessel operator; whether paddler on a kayak, wind surfer or master of a container ship; every operator must abide by these set of collision prevention regulations.
In some of my other blogs, I talk about COLREG RULES; such as RULE 5, “lookout”, RULE 6 “safe speed” and a few others. This blog specifically addresses the responsibility of vessels when vessels come in close proximity.
As I mentioned before “right of way” does not exist on the water; in fact, you will not find the term “right of way” in the entire set of COLREGs; and for good reason. “Right of way” is defined as; a precedence by custom, decision, or statute. A precedence cannot work on the water. Why? By the time you finish reading, you will understand.
Since “Right of Way” doesn’t exist, COLREGs, provides two designations given to vessels that provide clarity of responsibility and what actions must be taken. In fact, each designation has their own well-defined RULE.
For the purpose of this article, I am paraphrasing and truncating the RULES for simplicity. However, for those that operate vessels, I highly encourage everyone to lookup these RULES and read the RULES in their entirety.
RULE 16 GIVE WAY VESSEL
(Paraphrased)
Vessels that are required to keep out of the way of other vessels should take EARLY and SUBSTANTIAL ACTION to do so.
RULE 17
(Paraphrased)
The stand on vessel SHALL KEEP COURSE AND SPEED. And if necessary, be allowed to make maneuvers to avoid a collision if the “give way” vessel isn’t taking action. BUT in doing so doesn’t change course toward the “give way” vessel.
When vessels come in close proximity, each vessel is automatically given a designation based on the circumstances of the close proximity.
What are those circumstances? There are three circumstances. And just like “Stand On” and “Give Way,” each of these three circumstances also have their own well-defined RULE.
RULE 13 (Overtaking)
RULE 14 (Meeting)
RULE 15 (Crossing)
In my experience, RULE 15 is the one that is most misunderstood and violated; and for the simplicity of this blog I am going to focus on RULE 15 (Crossing). But before I get too deep into RULE 15, let me quickly cover the other 2 rules.
When two boats traveling in opposite directions approach one other (RULE 14; meeting), BOTH vessels are designated as GIVE WAY VESSELS. And it’s the responsibility of both vessels to FOLLOW RULE 16 and give way by staying clear of the other.
When a vessel approaches another from behind with the intent to pass (RULE 13; overtaking), The vessel that is passing is the GIVE WAY VESSEL and the vessel being overtaken is the STAND ON VESSEL.
So, for all you operators out there who are being passed, your responsibility is to maintain course and speed. Not speed up, not slow down, and not change course. Doing so would be technically be a violation of this rule and you could be held accountable (at fault by some percentage) should a collision occur.
Now, for those familiar with COLREGs, I am not going to get into the weeds with RULE 34. Why? Because only those that hold a USCG license or have been operating boats for a long time (usually commercially) know this rule. And most of the time it’s negated by communicating using a marine VHF radio (channel 16 or 13) between both vessels. But basically, if you’re overtaking someone (actually not just overtaking; but also meeting and crossing); and you are going to change course, you must sound your horn one short blast for going starboard or two short blasts if going to port. And it’s gets even more complicated when you are talking about inland COLREG rules. And not the purpose of this blog topic.
So now we are back to RULE 15 (crossing).
There are quite of few boat operators that through their years of boating understand that the vessel on the right has the right of way. But as I mentioned before, there is no such thing as “right of way.” But when we talk about RULE 15 (crossing) the vessel on the right is given the designation as the STAND ON vessel; meaning, the vessel that is right (or starboard) of the other vessel is the STAND ON VESSEL and is to MAINTAIN COURSE an SPEED.
If you see a vessel that is on your right (starboard) you are the GIVE WAY VESSEL and it’s your responsibility get out of the way of the vessel on your right.
Often, many boats either ignore and are just unaware of the COLREG rules and do not know how to correctly navigate a crossing situation. It’s been my experience that these operators often think it’s the bigger, faster, I’m gonna get there first, etc. boat that has the right of way.
Nope!
And, for all you sailors out there; don’t you worry, I haven’t forgot about you.
As the GIVE WAY VESSEL, in a crossing situation, you are the one that must get out of the way of the STAND ON VESSEL. Getting out of the way is very easily accomplished. The simplest way to give way is to SLOW DOWN.
SLOWING DOWN is the easiest and safest means to give way to a STAND ON VESSEL. Unfortunately, in my experience, I see (the majority of time) the give way vessel speed up and try to cross in front of the stand on vessel. If you are one of those operators that maintains your course and speed, or worse, speed up… And let me be more specific, if I am on your starboard and you cross my bow and my vessel is rocked by your wake… you’re a douche. Sorry, I call it like I see it.
The RULE states that your course change should be away from the crossing vessel; meaning, you should turn to port and get out of the way. However, for those that simply can’t or won’t slow down… And even though RULES state that a course change should be away from the crossing vessel, for recreational boaters, a course correction towards the vessel (or starboard) where your crossing is behind the STAND ON VESSEL is the more appropriate and courteous than speeding up and crossing the bow.
Did you know?
When navigating at night, when you see a red or green light (but not both) you are in a crossing situation. The vessel’s red and green navigation (or side) lights on your vessel will give others (and you) the color that identifies your vessel’s designation. Seeing green on another vessel; you are the STAND ON VESSEL. Seeing red on the other vessel makes you the GIVE WAY vessel. Seeing both red and green indicates you are meeting. Seeing no red or green; and only seeing white indicates overtaking.
There is a trick (for lack of a better term) that you can use to help determine if a risk of collision exists in a crossing situation. This trick works best in open water but technically can be used in all areas of navigation.
Next time your out on the water and notice a vessel on your right or left, the moment you spot the vessel, match that vessel up with a visual marker on your boat. Something like a smudge on your windshield, and button snap, a mark or spot on the paint, stanchion or taftrail (handrails); basically something on your boat that is stationary that matches up to the vessel off in the distance. If the mark you chose and the vessel stay and continue to stay aligned; eventually you all will collide.
The easiest way to avoid a potential collision is to simply slow down for a few seconds OR make a small course correction toward the vessel (as long as the vessel is not in close proximity). You will notice that after you make a corrective action the vessel in the distance is no longer at the fixed point on your vessel and most likely will continue to move off a fixed alignment. You keep applying this method until the risk of meeting up (and eventually colliding) is gone.
Now, let’s talk about sailors. It is my strong belief that the majority of sailors are incorrectly taught in regards to these RULES. Sailors, more often than not are taught “right of way.” And, as we know there is no such thing as “right of way.” It is also my strong belief that sailors are taught when at sail, everything and everyone must yield to them. This status is only partially true; and sailors believe this because they misapply RULE 18 and are unaware of other RULES.
RULE 18 has to do with STAND ON PRIORITY. Based on a predefined conditional list, this priority list sets forth a STAND ON VESSEL priority; which a vessel’s condition is a higher on the list, that vessel is the GIVE WAY. Vessels lower on the list; and thus lower in priority are given the status of GIVE WAY VESSEL.
In case there is interest, a power boater, that is any vessel that uses a motor, that… doesn’t possess another situation that would move their STAND ON PRIORITY up… power vessels are near the bottom of the list.
Now for the simplicity of the blog, this priority list blends RULES 18 and 18D and there are certain other RULES that negate or contradict RULE 18. But again, for the purpose of this blog, I am not going to get into those scenarios.
RULE 18 list applies to all vessels; but focuses on commercial shipping traffic. Each one of the designations in a commercial setting has certain responsibilities with visual indicators (lights and day shapes) that most small and medium size (under 50m) recreational vessels do not have or are required to display when a condition exists. But, make no mistake RULE 18 applies to everyone.
Each designation must GIVE WAY to all the designations above.
NUC Vessel (Highest priority)
Not Under Command
Example: A vessel that has lost propulsion or steerage
CBD Vessel*
Contained By Draught
Example; A vessel that is contained by location of a channel, fairway, or body of water where navigation would be impeded due to the surrounding shallow waters where a risk of running aground outside this containment is high.
RAM Vessel
Restricted (in its) Ability to Maneuver
Example: A vessel performing dredging activities. Or a vessel that has run aground.
FISHING Vessel
Example: Sorry sport fisherman! This has to do with commercial-based fishing and not wrangling a huge tuna or record setting bill fish.
SAILING Vessel
Example: A vessel that is using sail or other non motorized propulsion
NOTE: Sailboats also have motors; AND when a sailboat uses its motor EVEN with sails, the sailboat looses the “sailing” designation and becomes a power vessel.
POWER Vessel
Example: If your boat has a motor you are this.
The only vessels that have a lower priority than a power vessels are sea planes and WIGs.
And because of RULE 18, sailors assume they have STAND ON priority over all power
vessels. But unbeknownst to most sailers, this automatic STAND ON VESSEL priority given by RULE 18 is misapplied often by sailors.
Sailing vessels under 20m must give way to other power vessels that are CBD or in a (for lack of a proper term) shipping lane. Sailboats do not possess cart blanc STAND ON vessel priority. This is the essence of RULE 9.
If a sailboat is under sail AND also using their motor which many do, they are NOT A SAILING vessel; they are a power vessel and the sailing vessel priority for STAND ON VESSEL is not granted.
The last RULE I want to talk about is my favorite. Most vessel operators and especially sailors are either poorly taught, unaware, too arrogant or ignorant and think RULE 18 is the end all be all that gives the unconditional right of way to their sailboat.
RULE 8
(Paraphrased)
“It is every vessel’s responsibility to take action to avoid a collision; and in taking action not to create a new risk of collision.
RULE 8 is why it’s practically nonexistent that a single vessel will ever receive 100% fault for a collision.
For example, if a sailboat (under sail) and power vessel experienced a crossing situation and the power vessel was not giving way, the sailing vessel has an obligation (because of RULE 8) to adjust course and speed as soon as the sailing vessel realizes the power vessel (which is designated automatically as the GIVE WAY VESSEL) isn’t doing what it’s supposed to do.
And because RULE 16 states that the action must be taken early and that action must be noticeable; there is no excuse for STAND ON VESSEL (in the case, the sailboat) not to take corrective action and avoid a collision and especially if the GIVE WAY VESSEL isn’t giving way.
Often (in my experience) the caviler sailor will just assume they have the “right of way” and make no changes to avoid a collision.
It’s true, in this scenario, if a collision occurred the power vessel will certainly be found mostly at fault for a good percentage of responsibility, but the sailboat will certainly is not blameless and could be assigned fault based on many factors. Basically, sailboats are not exempt from making changes as the STAND ON VESSEL if a power vessel isn’t giving way.
It is the responsibility of ALL VESSELS to make corrections to avoid collision regardless of their STAND ON or GIVE WAY designations; and that’s why RULE 8 is my favorite.
Avoiding collisions is everyone’s responsibility regardless of designation.
I have one more rule; a piece of solid advice that I would like to share.
This is an original and personal rule of mine and one I teach in every boater class and personal instruction I have given over the years. In fact, I use this same rule when I navigate on the water or in my car in heavy traffic.
It helps if you are a Star Wars fan (the very first Star Wars movie)… Those who are will get the rule’s concept the quickest. And if you’re not fan or seen the movie; well, that’s a different issue for a different time.
MY RULE: LET THE WOOKIEE WIN!
When you apply this mentality into your every day boating life, you will soon realize that the hassles and the emotions one experiences on the water by other boaters not doing what they are supposed to or simply not being courteous is significantly reduced.
There will be days you will find yourself encountering a boater that will try to race you, cross your bow, get in front of you, take your dock or anchor spot, not follow understood protocols; such as how to behave at a public boat ramp or busy dock and dine, throw a huge wake your way. You know… shit that pisses off even those most calm boater… If you simply practice the Let the Wookiee win” mentality, crap that comes your way will not ruin your day.
So to recap,
Right of way does not exist on the water. If you see a vessel on your right or a red light you are the vessel that needs to stay out of their way. Never cross a bow; never be that guy. If you’re a sailor, you do not command absolute “right of way” status on the water; and equally share in the responsibility to avoid others regardless if they are power boater. And last… Let the Wookiee WIN!
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