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Sleeping While at Sea

8K views 34 replies 19 participants last post by  boatman61 
#1 ·
From Three Sheets Northwest

The Coast Guard is warning local boaters to be aware that entire crews of other vessels operating in Washington and Oregon waters might be illegally sleeping.

The International Regulations for Prevention of Collisions at Sea (COLREGS) require that all vessels operating in ocean waters must maintain a proper lookout by sight and hearing at all times. Relying on radar alone is not permissible.

But the Coast Guard says some vessel operators in the Northwest, including commercial fishers, will work all day and then drift at night in open water while the crew sleeps.

"This practice is dangerous and a violation of basic seamanship law," Dan Hardin, the 13th District's commercial fishing vessel safety coordinator, said in a release.

The Coast Guard reminds mariners that vessel captains are responsible for maintaining adequate watch-keeping and manning. Violating the rule can result in fines of up to $6,500.
 
#6 ·
ChucklesR's point is not only well-taken, but it begs the question: the CG is well aware of single-handed racers or voyagers out there, but it is just "understood" that's OK. I have always wondered about/questioned the wisdom of such extended single-handed sailing. I cannot be expected to believe that these folks out there only take catnaps for months at a time!
 
#8 ·
Is is not understood as OK by the courts.

In a 1984 court case (Granholm v. TFL
Express), a singlehanded yacht, Granholm, was run down from behind by the freighter
TFL Express (WindCheck, "Rules of Engagement," October 2010.) The owner of the
Granholm sued the Express for failing to maintain a proper lookout (Rule 5) and to give
way to the overtaken vessel (Rule 13). The court agreed - but found the skipper of the
Granholm equally at fault. He was sleeping and thus had no lookout. "The obligation to
maintain a proper lookout falls upon great vessels and small, alike."
 
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#7 ·
Pretty common knowledge that fishing boats, container ships, cruising sail boats don't maintain a proper watch. AIS got you fooled? somebody has to watch it too. Just like radar, no operator, no one listening on VHF, no watch keepers.. Beware at night, and even in the day, we assume NO One is watching.
 
#9 ·
Singlehanding is an interesting point. In the end, no one can argue that it is justifiable to singlehand for longer than you can remain awake. But, it is also fairly common and the skipper is clearly taking a risk.

As for the fine, I assume there is a limit to where the CG has actually impose it. Maybe to the 200nm economic zone, maybe just the 12nm limit. In any case, it might be possible for a singlehander to stay awake within the zone subject to the fine.

James is right, I can't see how it could be enforced unless they boarded you while you were sleeping.
 
#10 · (Edited)
.....

As for the fine, I assume there is a limit to where the CG has actually impose it. Maybe to the 200nm economic zone, maybe just the 12nm limit. In any case, it might be possible for a singlehander to stay awake within the zone subject to the fine.

James is right, I can't see how it could be enforced unless they boarded you while you were sleeping.
That is a very good point but then most collisions happen in the 200nm (or not far) and it is where fishing boats are, even the ones that fish offshore.

Regarding solo races I would like to point out that Coastal solo races, like the Figaro are divided in small legs that permit the skipper to be awake the full race.

Only on circumnavigations and Transats solo races the Skippers have to sleep and that can happen out of the 200nm.

Things are not perfect and for instance on the Vendee Globe there were too collisions with fishing boats. It seems that everybody was sleeping in both cases (the fishermen and the racer). I think that in the near future it will be mandatory to have marks that will not allow long range solo racers to come nearer coasts while racing, being the only exception the start and finish.

http://www.soloroundbritain.com/singlehanded-sailing-sleep-management/

Regards

Paulo
 
#11 ·
wonder how you folks who are not racing deal with it. in past even when double handed have taken to have alarm set to go off every 20m and scan horizon, look at instruments, sails etc. Would cat nap in cockpit during the day and strict watch at night. On shelf or shipping channel no sleeping by the watch person. Had radar detection device on prior boat which would set off alarm if it detected any radar ( used very little juice). On current boat will set up exclusion zone on radar as less concerned about electrical use. Leave on standby and scan every 20m or so. Wake both of us if any target appears.Thinking is if tired want both of us to do the math and make sure there is no close intercept. So far main problem has been small recreational fish boats running to canyons and not showing up on anything when sailing coastal. A lot of them take off in the dark of early morning. Live in fear of being hit. Would appreciate others thoughts on avoidance.
 
#12 ·
AIS is a good thing to have, but not every fishing boat in these parts has and AIS transponder...

When you think about it, it's probably the fishermen who stand a greater chance of being run down whilst sleeping simply due to their proximity to the coast and the fact that they aren't necessarily travelling anyplace whilst asleep (they're not on passage from A to B). For this reason I suspect the original post might be meant more as a warning to fishermen that they'll get fined if 'caught napping' so they'd better stay awake..

Whether you're single-handing or not, most definitely live in fear of being hit - and don't expect any leniency from the courts if you get run down whilst alseep. Everyone has probably forgotten by now Jessica Watson's scrape with a container ship before successfully sailing solo around the world, but it does stand to show that with the right gear and the right procedures it can be done in safety.
 
#16 ·
"Operated" is not a ColRegs term. A vessel adrift is still underway.
 
#14 ·
By the purist definition a single hander can never maintain a proper watch, even while he/she is alert an at the helm.

A watch is a watch, un-distracted by anything including minding the helm.
Inland rules, where it matters for most of us.

Rule 5
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.

Bold added by me.
At all times means just that. Farting with a chartplotter, staring at a sail's trim etc - not a proper watch at all times.
 
#20 ·
By the purist definition a single hander can never maintain a proper watch, even while he/she is alert an at the helm.

A watch is a watch, un-distracted by anything including minding the helm.
Inland rules, where it matters for most of us.

...
At all times means just that. Farting with a chartplotter, staring at a sail's trim etc - not a proper watch at all times.
So, it is you or your wife that seats in the bow of the boat with binoculars in one hand scanning endlessly the horizon while the other sails the boat? ;)

Or you just don't go strictly by the rules as all of us?

Regards

Paulo
 
#18 ·
It can be a case of assume the worst, hope for the best.

I have been overtaken at night in Georgia Strait by a fish boat that clearly did not see me, I had to alter course to avoid to being run down.

Remember Rule 17(a) (ii)

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.
 
#21 ·
With two onboard we are able to keep reasonable watches. The person on watch stays awake (generally!) and checks for vessels every 10-15 minutes (to me 20 minutes is too long with the speed of some freighters, especially with visibility that is less than ideal). You can't judge the risk, ie number of boats, by distance offshore. Some very busy shipping lines are very far from shore, eg. between South Africa and Asia south of Madagascar, the number of ships going to Richards Bay and Durban is huge, plus all the ships going around the Cape.
 
#23 ·
Requiring a 24 hour watch basically makes singlehanding illegal. I personally do not see what the issue is. Here is the way I see it:

If both parties keep a watch (follow the rules), then in theory a collision is avoided.

If one party sleeps and another keeps a watch, the one on watch will see the other boat and the collision is avoided.

If neither party keeps a watch, both parties knew the risks, and both parties are equally responsible if there is a collision.

I keep a watch. I believe I should and think it is the right thing. I have kids aboard and put try to put this boat to a higher standard than I might hold others to. But I believe that some people will not have a choice but to sleep some - specifically solo sailors. I want them to maintain that right.

Now you will call me hypocritical, but I DO believe that all commercial vessels should maintain a watch. I do hold them to a higher standard (or the legal standard) just as I hold myself. They are a business venture and safety of their crew and cargo should be accounted for no matter what. If they have to hire more crew to fulfill those requirements, they should do so and will likely pass those costs off to those who use their services/buy their goods.

Anyways, that is my opinion which I know many people disagree with (including the regs). Doesn't mean I don't get an opinion though!!

Brian
 
#27 ·
...Now you will call me hypocritical, but I DO believe that all commercial vessels should maintain a watch. I do hold them to a higher standard (or the legal standard) just as I hold myself. They are a business venture and safety of their crew and cargo should be accounted for no matter what. If they have to hire more crew to fulfill those requirements,..Brian
How much are Sudenese watchkeepers cost these days? 2k USD a year?

PTL for AIS.
 
#24 ·
Caution here--I defend commercial vessels for a living, including in collisions where lookout is an issue (meaning at least half of them).

No one wants to "outlaw" singlehand passagemaking, it's something we value both in the accomplisments those sailors have made, and the dream many have to "go it alone" with the elements.

But I do have a problem with the idea that the poor, poor singlehander, after being struck or grazed while below decks by a ship who failed to detect them, has a lesser duty of lookout than the bulker or containership who didn't notice their dim lights at night, or their wood hull end-on in the low sun and reflecting off the water, with a lousy radar reflector that didn't show on radar, and no AIS transmitter nor even a radar alarm.

I've had one incident where the sailor knew a ship was approaching from far astern with the sun directly ahead, yet went below and simply expected the ship to see and avoid him ("he has radar") and his lousy radar reflector. He and his lawyer contended the ship was solely at fault, in spite of the Granholm case clearly saying otherwise. "I'm David, you're Goliath" was the attitude.

So no, I don't think singlehanders who have to sleep should get a break under the rules for doing so, any more than the ship whose mate fails to see a small vessel without any collision-avoiding electronics (or even with).
 
#29 ·
Caution here--I defend commercial vessels for a living, including in collisions where lookout is an issue (meaning at least half of them).

No one wants to "outlaw" singlehand passagemaking, it's something we value both in the accomplisments those sailors have made, and the dream many have to "go it alone" with the elements.

But I do have a problem with the idea that the poor, poor singlehander, after being struck or grazed while below decks by a ship who failed to detect them, has a lesser duty of lookout than the bulker or containership who didn't notice their dim lights at night, or their wood hull end-on in the low sun and reflecting off the water, with a lousy radar reflector that didn't show on radar, and no AIS transmitter nor even a radar alarm.

I've had one incident where the sailor knew a ship was approaching from far astern with the sun directly ahead, yet went below and simply expected the ship to see and avoid him ("he has radar") and his lousy radar reflector. He and his lawyer contended the ship was solely at fault, in spite of the Granholm case clearly saying otherwise. "I'm David, you're Goliath" was the attitude.

So no, I don't think singlehanders who have to sleep should get a break under the rules for doing so, any more than the ship whose mate fails to see a small vessel without any collision-avoiding electronics (or even with).
Obviously. But a solo sailor should have the train to sleep in 20 minutes intervals with visual and radar checks in between and of course an AIS (and a radar) is an indispensable tool for a solo sailor.

Solo sailing is easy, having the train to sleep intermittently (and checking on the intervals) is not. Professional sailors train with the help of physiologists their sleeping rhythm long before each race. That does not mean that they are infallible neither that the lockout on fishing-boats or ships is.

Regards

Paulo
 
#28 ·
KS- thank you for your thoughtful and knowledgeable posts. ? Do you to have redundancies on board? e.g AIS, radar, radar detector etc. all running at once always? Agree with the speed and lack of manuverability of the larger container ships and VLCCs don't want to get anywhere close but do you have the radar scanning all the time ( bit of a juice pig)?
 
#30 ·
In Canada, the Charter of Rights , which overrides all other laws, gives us freedom of association, which means crews can't be forced on us.
Dont AIS have an alarm which will go off, if a vessel enters a pre set exclusion zone?
 
#31 ·
paulo- problem is it normally takes 90 to 120 minute to enter stage R ( REM) sleep. Also with even partial sleep deprivation when sleep occurs the rebound sleep is initially predominanted by stage 3 sleep ( slow wave sleep-hard to wake) and then stage R sleep. Continuous fragmented sleep destroys normal sleep archecture.The restorative physical and mental properties of sleep are markly decreased. No amount of training will curcumvent this basic neurobiology. The fragmented sleep and tolerance may vary a bit in different individuals but will cause a marked decline in cognitive functioning in all. There are deterilousl effects on mood,immune and metabolic function as well. There is a huge body of research of the effects of sleep deprivation given it's marked effect on performace ( military,medical personnel as well as jobs requiring alertness ( air traffic controller, nuclear plant commercial drivers etc.) I forget who it was who after a race around the clock decided to keep going leading to his demise. I would wonder if chronic fragmented sleep entered in to his decision. I believe many of these folks "micro sleep" while in the cockpit. REM pressure may lead to brief dreams intruding into wake. I further believe this activity may have long term implications to their health if done repetitively.
 
#32 ·
We only use AIS, have a transceiver which I very much recommend over just a receiver. We have seen freighters on a collision course alter their course 10 miles away and then go back to previous course after passing. We pretty much rely on eyeballs. The closest we have come to a collision was at noon on a bright sunny day off coast of Ecuador. The crew of a very large container ship obviously was not looking at radar, AIS, or outside. Call on the VHF got his attention pretty quick.
 
#34 ·
We started out doing 3 hr watches, and we still do while around busy shipping areas (windward passage, panama canal, gulf stream). We were becalmed with a dead motor of the Pacific coast of Guatemala and El Salvador. After a few nights with the few ships we encountered spotting us and us being out of their lanes we just both decided to sleep in the cockpit. We didn't use radar or AIS.

In reality the closest encounters we have had are with whales; one surfaced 20 ft in front of us one evening just a dusk. Not much you can do about whales and stray containers in the dark. So our policy now is if we are well offshore we just go to sleep, or sit inside and read or watch shows during the day.

We keep good lights on, even our anchor light. Fish boats outside of north America are plenty and don't have AIS. After many many nights of being on a watch schedule and not getting responses from frieghters, or really ever being very close to them we chose to sleep. After 4 or 5 days at sea, a good sleep makes life much better. If we are in busy shipping lanes we keep a more vigilant watch, but so do the ships.

We have friends who were boarded by the USCG in the Caribbean, they were asleep (in the cockpit) and woke up to a lot of lights shining on them. I think the USCG is more worried about drugs, guns, and people trafficking than sailboats without a proper watch.
 
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