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Old 03-25-2013
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Re: Boum!!!!

Quote:
Originally Posted by chuck53 View Post
I figured out a long time ago that graveyards are full of people that had the right of way. The Humboldt didn't make any course change until just seconds before the collision even though everyone on deck saw the other ship bearing down on them.
No question the Andrea was on auto pilot with no one paying attention to what was going on, but the Humboldt must share some of the blame in this.
YES. This is true, and while the ship in the video is a square rigger and it can be argued that she couldn't take action to avoid a collision, we, in our more maneuverable boats not only should, we must.

COLREGS state that we SHALL take action to avoid a collision regardless of cause. The implication here of the word "shall" instead of "may" is that taking any and every necessary action to avoid a collision is a requirement, no mater how grossly at fault the other vessel is.

Here is Rule 17 from the COLREGS (emphasis mine). COLREGS can be found online here:COLREGS Rule 17

Rule 17- Action by 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.


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