Lately, there has been a lot of discussion on who has the right of way on the waters. Most conversations are driven by videos or pictures posted on social media. What follows is the blitz of incorrect post comments from would be know-it-all’s that seem to piece together bits and pieces information from somewhere in their past and formulate a version of what they think is correct and absolute; when in fact, they are wrong.
Preamble
In the maritime commercial industry, the lowest rank is an ordinary seaman (OS). This is an entry level trainee position that does not require any experience or specific maritime knowledge. Beyond OS, anyone who desires advancement in the commercial maritime industry the next step towards advancement is an AB or able body seaman. The AB is required to understand and show proficiency on a variety of topics, including who has the right-of-way. Recreational boating professionals will look to obtain their Operator of Unexpected Passenger Vessel (OUPV) which is required to operate a vessel with no more than 6-paying passengers; often referred to as a 6-pack license. Both the AB and the OUPV have mandatory sea-experience requirements. These endorsements on a merchant marine credential require a minimum of 360 days experience at sea. However, the AB requires 360-days offshore, referred to as near coastal, whereas the OUPV endorsement can be issued with an endorsement of inland waters, Great Lakes, or near coastal (offshore); depending on where the 360-days of experience is obtained.
The point I am trying to make is that anyone with a merchant marine credential with a rating of AB or OUPV (or greater) had to show proficiency (take and pass an exam) on vessel right-of-way rules. It is important to mention that OUPV is the next advancement step from AB commercially, followed by Master/Mate 25/50/100 GRT. Meaning, AB’s have considerably more sea experience; but OUPV’s have (typically in the beginning of their rating ‘license’) considerably more knowledge regarding the right-of-way than AB’s.
Right-of-way is a laymen’s term. The maritime industry refers to the right-of-way as the Rules of the Road (RotR). Rules of the Road are the Collision Regulations (COLREGS) that all mariners must understand and observe. These rules were developed to codify, understand and communicate necessary actions required to be observed and executed as to avoid collisions at sea.
These rules are published and managed by the International Maritime Organization (IMO) which (in simple terms) is an extension of the United Nations (UN). International vessel right-of-way is a significant portion of the RotR. In the United States, the United States Coast Guard expanded these rules an applied them to U.S. territorial inland waters; waters such as canals, lakes, rivers, water courses (rivers/streams that flow seasonally), inlets, and bays. Therefore, in the U.S., the RotR have a set of INLAND rules and INTERNATIONAL rules.
How INTERNATIONAL and INLAND waters are defined is by the invisible demarcation line that separates inland water with an ocean or gulf. This line typically follows baseline water. The easiest way to explain baseline water is intercoastal waters or inward waters of a body of land like an island close to the mainland. Every U.S. nautical chart will include the demarcation line that separates inland from international waters. A simple example would be the mouth of a river that empties into an ocean or gulf. At the farthest land point on each side of the river’s mouth, a straight invisible line is drawn from point A to point B. Water inward from the line is referred to as INLAND and water seaward of the demarc line is INTERNATIONAL. Not all demarc lines are this simplistic; therefore, understanding where the demarc lines are located is very important.
Important Note: the term INTERNATIONAL regarding the RotR should not be confused with international waters. International waters are waters beyond 12-nautical-miles off the coast. INTERNATIONAL regarding RotR has to do with which set of rules that apply for the given location of the water.
Who really has the right of way?
There is no such thing as “right-of-way” when applying to maritime convention. There are two terms that are used:
· Stand-on Vessel
· Give-way Vessel
Therefore, in nonmaritime terms, the give-way vessel is the vessel that is REQUIRED to yield. The stand-on vessel HAS the right-of way.
When determining who has the right-of way, the maritime industry first determines who is the stand-on vessel and who is the give-way vessel. And there are lots of RULES that help determine just that.
However, we need to start with what the rule and the associated responsibilities for the stand-on and the give-way vessel; RULE 16 and RULE 17.
RULE 16 - Action by the Give-way Vessel
Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.
Very simply stated. If you are the GIVE-WAY vessel, it is the GIVE WAY vessel’s responsibility to keep clear of the other vessel. In laymen’s terms, the give-way vessel is the vessel that is yielding.
RULE 17 - Action by the Stand-on Vessel
(a)
(i) Where one of two vessels is to keep out of the way the other shall keep her course and speed.
(ii) The latter vessel may however take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules.
(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.
(c) A power-driven vessel which takes action in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on her own port side.
(d) This Rule does not relieve the give-way vessel of her obligation to keep out of the way.
Rule 17 is a little more convoluted.
(a)(i) is simply stating, if you are the STAND-VESSEL, you are REQUIRED to maintain course and speed; don’t speed up; don’t slow down; don’t change course; stay as you are.
HOWEVER, (a)(ii) is stating, if the GIVE-WAY vessel is not yielding and doing what they need to do get out of the way, the STAND-ON vessel shall take action (speed up, slow down, change course) to avoid a collision with the other vessel.
(b) Simply states that if the GIVE-WAY vessel does yield; BUT the action the GIVE WAY takes to yield is not significant enough and a risk of collision exits, the STAND-ON vessel shall take action (speed up, slow down, change course) to avoid a collision with the other vessel.
(c) In a crossing situation (vessel is coming from either the left or the right) AND the STAND ON is a power-driven vessel (we’ll get to that definition next), and the GIVE-WAY vessel is not yielding or the yield is not significant enough and the STAND-ON’s action to avoid requires a course change, the course change should be AWAY from the GIVE WAY vessel so that the course change results in both vessel moving in opposite direction or away from one another instead of the same direction alongside one another.
(d) This is self-explanatory; however, no matter what, the GIVE-WAY has the obligation to stay clear regardless of what the STAND-ON vessel does and KEEP OUT OF THE WAY.
In the rules above, we covered a term that is not understood by most; power-driven vessel(s).
A power-driven vessel is any vessel that is propelled using machinery. Engines, propellers, paddle wheels, mechanical oars, jets, water-jets, solar propellers, etc. are all examples. If it’s not using the wind sail or a human isn’t rowing/paddling and its being run by a machine, it’s a power-driven vessel.
VERY IMPORTANT NOTE: If a sailboat has his sails out; but also has his motor and propeller running; the sailboat is no longer classified as a sailboat. A sailboat that uses his motor with or without the use of sails is a power-driven vessel. This applies to any vessel that uses machinery (mechanical means) to propel a vessel.
The above important note is something you should remember. Actually, knowing when your vessel is considered a power-driven vessel is an important point that should be remembered. It will come up later in this article.
Now that we understand what the responsibilities for the STAND-ON vessel and the GIVE-WAY vessel, we need to know the different collision scenarios.
There are three scenarios where a risk of collision can occur between vessels. They are the following:
Overtaking Situation
A vessel approaches from behind and will pass a vessel
Head-On / Meeting Situation
Two vessels facing each other either directly in front of one another or passing each other much like you would pass someone on a road.
Crossing Situation
Two vessels approach from side; one from port side and the other starboard side; similar to an intersection.
Taking action to address the scenarios involves the following:
Communication
Then one or more of the following:
· Change course starboard
· Change course port
· Increase speed
· Decrease speed
· Avast (engine stop)
· Stern board (engines in reverse)
The communication and changing course are the most common actions taken; however, depending on the situation, it may be necessary to adjust speed or direction.
There is also an underlining rule, RULE 8, regarding taking action… Actions taken to avoid collision must be executed in such a way as to not create a new or different collision risk.
Communication with the other vessel regarding a course of action is REQUIRED!
The give-way vessel must communicate its course of action by way of sound signals.
This can be accomplished by using the vessel’s whistle (horn).
There are 4 sound signals that are used.
· Change course to STARBOARD – One (1) short (1 sec) whistle\horn blast
· Change course to PORT – Two (2) short (1 sec) whistle\horn blasts
· DANGER\DOUBT – Five (5) short (1 sec) whistle\horn blasts
· Go Astern (reverse) – Three (3) short (1 sec) whistle\horn blasts
However, course of action communication can be obtained by contacting the other vessel via marine VHF radio; first by channel 16 (hailing), then channel 13 to discuss the course of action. If communication over VHF is accomplished, no sound signals are required.
There is no difference in the physical action you take between INLAND and INTERNATIONAL rules. The difference comes with the communication process between INLAND and INTERNATIONAL rules.
INLAND RULES
When sounds signals are used, the give-way vessel will sound the appropriate signal before executing the action to avoid collision. Once signal has been communicated, the STAND ON vessel will respond with an AGREE or DISAGREE signal. If in agreement, the STAND ON vessel will signal a repeat of the GIVE WAY vessel’s sound signal. If the STAND ON vessel disagrees with the GIVE WAY vessel’s intended course of action, the STAND ON vessel will respond with the DANGER\DOUBT signal. When this signal is communicated the GIVE WAY vessel shall not execute intended course correction; reassess, then recommunicate course of action intention.
INTERNATIONAL RULES
The GIVE WAY vessel will sound the appropriate sound signal; then execute the course of action; meaning the GIVE WAY vessel does not need approval from the STAND ON vessel.
Note: There is a reason why you don’t hear big ships honking back and forth with each other. 99.99% of the time, these ships are communicating their course of actions via VHF radio (channel 13).
WHAT WE KNOW SO FAR
We now know the responsibilities of the STAND ON and the GIVE WAY vessel.
We now know that there are 3 situations that can result in a collision (at sea).
We know the courses of action that can be taken to avoid collisions.
We know that communication is REQUIRED and is an important part of the course of action taken.
Now, we will get into who really has the RIGHT OF WAY. I am only going to cite the INLAND Rules as these rules have the communication requirement. As always, I will cite the rule then explain.
RULE 13 - OVERTAKING
(a) Notwithstanding anything contained in Rules 4 through 18, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft her beam; that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.
(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.
(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.
Okay; (a) defines the GIVE WAY vessel, the vessel that is doing the overtaking, as the vessel that DOES NOT HAVE THE RIGHT OF WAY. This section also makes reference to rules 4 through 18, the reason I will cover later on.
(b) defines what an overtaking situation is. Unlike a road that is paved, water is water and a vessel’s position is not as finite as it is on a paved road. Therefore, they give parameters on what defines an overtaking scenario.
In the simplest laymen’s terms, meaning, a abaft-to-beam, compass and relative bearing explanation is beyond the scope of this article. However, to make this simple for the reader, if you are approaching a vessel diagonally from the side/rear if your diagonal approach is more to the rear, then the situation is an overtaking scenario. If the diagonal approach is more towards the side of the vessel, it would be a crossing situation.
(c) informs you that when you are in doubt of an overtaking situation, treat as an overtaking situation.
(d) informs you that if your course of action turns the situation into a crossing situation regardless of the rules of a crossing situation, you must continue to consider yourself the GIVE WAY vessel and stay clear.
In short, in an overtaking situation the vessel overtaking is the vessel that must YIELD. The vessel being overtaken shall maintain course and speed until the overtaken action is complete.
RULE 14 - Head-on Situation
(a) When two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.
(b) Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night she could see the masthead lights of the other in a line or nearly in a line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.
(c) When a vessel is in any doubt as to whether such a situation exists she shall assume that it does exist and act accordingly.
Okay; (a) defines what a head on situation is. Much like passing a car going the opposite way on a road. The vessels will pass to the left of each other. Or in maritime jargon; vessels shall pass on the port side of the other.
In a head-on situation, BOTH vessels are required to YIELD and are the GIVE WAY vessels.
(b) Like RULE 13, (b) is describing what constitutes a meeting or head on collision at night. If it was pitch-black super dark and the only thing you could see were vessel running lights, what light’s you see will tell you what type of vessel it is and what direction (bearing; or angle) the vessel is traveling. For those that might not be aware, if you see BOTH the red and green side lights, a vessel is coming towards you.
(c) Like the previous rule; informs you that when you are in doubt of an head-on situation, treat as an head-on situation.
RULE 15 - Crossing Situation
When two power-driven 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 and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.
This one is simple;
If the vessel is on your STARBOARD, you are the one that YIELDS or the GIVE WAY vessel.
If the vessel is on your PORT you are the STAND ON vessel. The STAND ON vessels shall maintain course and speed until the risk of collision no longer exists.
***MOST IMPORTANT***; the GIVE WAY vessel’s course of action SHALL NEVER BE IN FRONT OF THE OTHER VESSEL.
There you have it. Now you know who has right-of-way in these collision scenarios. To recap:
Overtaking; the vessel overtaking is the GIVE WAY vessel.
Meeting; both vessels are the GIVE WAY vessel.
Crossing; vessel to PORT is the GIVE WAY vessel.
In all the rules that were discussed, were there any references to size of vessel or shipping lanes? No! Ship size nor location does not matter. If there is a collision, the Coast Guard and the Transportation Safety Board will apply these rules to find fault and a ship’s design has nothing to do with it!
With the above said, there are some additional rules that ignore the GIVE WAY and STAND ON assignment.
Remember I would talk about Rules 4-18? This is where these additional rules come into play.
Since this article was about right-of-way, I am not going to get in very deep. However, I have written at least one article that covers one of the 4-18 rules. The objective here is to give you an idea that GIVE WAY is not always clear cut; and some rules supersede who is the STAND ON and who is the GIVE WAY.
RULE 4 - APPLICATION (SECTION I) These rules apply to any condition of visibility, sunny day, darkest of night, fog or hurricane. These rules apply.
RULE 5 - LOOK OUT For an in-depth understanding of RULE 5, read my OMG Lookout! blog.
RULE 6 - SAFE SPEED Simply put, your speed should be velocity that is controlled so that you can avoid a collision regardless of the circumstances.
RULE 7 – RISK OF COLLISION Risk of collision is everyone’s responsibility. Just because you’re designated as the STAND ON, doesn’t give you the exclusive right not to avoid a collision if the GIVE WAY vessel fails to give way.
If a collision occurs and the STAND ON vessel could have prevented it (even if it wasn’t the STAND ON’s responsibility to get out of the way) the STAND ON vessel would be in violation of this rule and be partially at fault.
RULE 8 – ACTION TO AVOID COLLISION Your action to avoid collision should be obvious! (No teensy-weensy course corrections). It should be obvious, so the other vessel understands what your course of action is. Also, don’t create another collision risk with your course of action to avoid the initial collision risk.
The course of action should be executed at a safe distance.
You shall reduce speed or stop to reassess any uncertainty in a course of action to avoid a collision.
To simply put the last part of this rule; avoiding collision is every vessel’s responsibility and all vessels will act accordingly to avoid collision; failure to do so would violate this rule.
RULE 9 – NARROW CHANNELS How about it! Finally, a time where ship SIZE DOES MATTER. Ships whose draft is contained; meaning there is no room to maneuver. Ships should hug the STARBOARD side of the channel as close as safety will allow. Commercial fishing vessels (fishing boats… the ones with big fishing nets; not the dumb-ass fisherman fishing in the channel) shall not impede the larger ships. Small vessels (including the dumb-ass fishermen shall not get in the way of these larger ships. Do not anchor in the channel unless it’s an emergency. Additionally, there are some special sound signals required for passing in a narrow channel.
RULE 10 - TRAFFIC SEPARATION SCHEMES Simply put, this would the sort of like a shipping lane. This is a predefined course that ships must take with a bunch of rules to navigate. Ships not designated to be in the scheme must stay clear.
RULE 11 – APPLICATION (SECTION II) Rules 12 through 18 are applied for vessels that in sight of one another.
RULE 12 – SAILING VESSELS Rules specifically in regards to sailing vessels that come across the collision scenarios. Beyond the scope of this article as this addresses power-driven vessels.
RULE 13 – 17 Our actions and collision scenarios we discussed earlier in this article.
RULE 18 - Responsibilities Between Vessels This rule is one that is on all the Coast Guard tests!
This rule defines the priority of who is the GIVE WAY (keep out of the way) vessel based on the handicap nature of the vessel. Meaning, the list below starts with the top priority handicap.
Each handicap classification beneath, gives way to the handicap above.
NOT UNDER COMMAND – Vessel broken down, not operating normally due to some event or circumstance e.g. malfunction.
RESTRICTED IN ABILITY TO MANEUVER – Boats whose work forces them limited navigation e.g. dredge boats, surveying boat, scuba boat, an anchored commercial fishing boat, construction boat etc. These boats cannot maneuver due to the nature of their work. Therefore, any condition below is a GIVE-WAY vessel. Therefore a vessel classified as RAM handicap is the STAND ON vessel EXCEPT when a vessel is classified as NUC (the description above)
CONTAINED BY DRAFT – The boat’s draft (how deep it sits in the water) limits its maneuverability in a channel as either side of the channel is more shallow.
This is the portion of the rule where ship size matters.
FISHING/TRAWLING – Commercial fishing vessels that fish with huge nets; shrimping boats (not rod-and-reel fishermen).
SAILING VESSEL – Boats whose ONLY means of propulsion is the wind.
Once a sailing boat with sails out turn on their motor, they no longer get priority over other power vessels and are places in the category ALL OTHER POWER VESSELS.
ALL OTHER POWER VESSELS – includes sailboats using motors, a 19 foot skiff with a 15 HP motor or the Symphony of the Seas (largest ship in the world; so long as it’s not contained by draft).
In short, power-driven vessels are the de facto GIVE WAY.
SEA PLANE – Self-explanatory
WIG – A vessel that is like a hydrofoil that looks like a pelican that flies just above the water.
In closing, after reading this article, you now know who “really” has the right of way… And, it has nothing to do with the size of the boat or shipping lanes.
So the next time you see a video on social media that has a collision or near miss, you should be in a better position to accurately comment on who is really at fault.
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