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post #23 of Old 07-30-2013
RobGallagher
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Re: Give way when hoisting the main?

Here, in MHO is the kicker regarding the engine running but engaged or not engaged and what that means:
You engine is running, not engaged, you are raising sail.
The asshat is coming at you whilst you are raising sail and refuses to give way.
You call him on the VHF and inform him that you cannot make way, ask him to give way.
He declines.

You both collide. You are each 50% at fault.
Why? He could have given way and chose not to. You could have engaged the engine and given way but chose not too.

(a) Nothing in these Rules shall exonerate any vessel, or the owner,
master or crew thereof, from the consequences of any neglect to comply
with these Rules 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.
(b) In construing and complying with these Rules due regard shall be had
to all dangers of navigation and collision and to any special circumstances,
including the limitations of the vessels involved, which may make a
departure from these Rules necessary to avoid immediate danger.


To be ever more clear, there is no such thing as right or wrong as long as there is no collision. If there is collision, unless you are sleeping, at a dock, in a marina, or moored in a special anchorage, be prepared to take some % of responsibility.

Everything else is just talking points.

HANUMAN
'88 C&C 30 MKII
NOANK, CT
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