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post #170 of Old 09-25-2012
dugout
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Re: Is sleeping OK?

The USCG enjoys ambiguity and the flexibility it offers.
Admiralty law spends most of the time in the grey, far from the extremes of black and white.
To the point let’s take apart rule 5:

Lookout
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Define “proper”??? Is it conditional? Why is the word used here?

Define “appropriate in the prevailing circumstances and conditions” Is this conditional? What is the purpose of the additional verbiage?

For those who wish to stand on a rule, end all, one might choose one with more stability. Rule 5 is certainly written “conditionally”. I’m sure the standards are different between the southern approach to Ambrose and 300 miles east of Bermuda, right?
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