Originally Posted by Cruisingdad
If you are going to put in a rule that covers all vessels, make the rule such that all vessels can legally and responsibly follow it to the letter.
My point is that you change the law so that everyone can follow it based upon certain guidlines.
OK, I lied about "last post".
And there you have it, plain and simple. Thanks Brian.
You can't argue to follow all laws while single handing without recognizing you are in a lose-lose situation.
The more I think about our judges flawed decision in the Express vs Granholm case the more I think he erred big time.
First, Express, was a motor driven vessel.
Second, Express was the overtaking vessel.
Third, Express collided with a sailing vessel.
Fourth, Express did not maintain an effective watch.
Fifth, Express failed to use its radar and maintain a radar watch.
Those are all facts as determined by the judge.
The only failure determined as a fact by the judge about Granholm was the failure to maintain an effective watch.
Logic: Granholm's failure did not cause the collision. Expresses mulitple failures caused a collision.
In anticipation of buts....
There is no finding that Granholm was capable of avoiding a collision even if he was on watch. In fact testimony indicates there was no wind and as a sailing vessel he would have been unable to make such a movement.
And, that the Express continued on its way after the collision extablishes that he needed his radar to safely and effectively navigate in the area where he was sailing.
So what we need is to, as Brian suggests, fix COLREGS.
How do you do that?