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post #12 of Old 10-09-2012
jackdale
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Re: Close call! Who had rights?

Quote:
Originally Posted by svzephyr44 View Post
The fact that you were both drifting has nothing to do with the rules. Without being exactly clear relative position of the two boats I can't speak for who was burdened. Now you violated Rule 8 which requires you to take prompt action to avoid a collision (since you almost hit you waited too long.) But the real key is Rule 17. Rule 17 says (paraphrasing) that it doesn't matter who has "rights" in the final analysis even the "Stand on" vessel must take action to avoid the collision. My guess, not being a maritime lawyer is that a court would find both boats liable and apportion costs under that basis.
As is true in most cases.

You are not NUC without the appropriate dayshapes or lights.

Proper lookout might also play a role.

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