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Recreational Sailboat vs. Tugboat with Barge: Who Has the Right of Way? - See more at

26K views 108 replies 50 participants last post by  Scotty C-M 
#1 ·
#3 ·
As a licensed Unlimited 2nd Mate, I find that if a sailboat is in this situation, they should avoid impeding the tug and barge.. Though not qualified as a ship, tug and barges can easily be big enough to qualify as a ship in their length and breadth. That being said, they can't turn or stop like a normal power boat. They may take a half of a mile to come to an stop, and may take an 1/8 of a mile for the bow to respond to rudder commands. So even though the sailboat has "right of way", do you want to risk you and your crews lives, and the vessel because you wanted to prove a point? And said point won't hold up in admiralty court because you didn't show good seaman prudence.

That being said, commercial maritime traffic is the backbone of this nation so let's try not cause harm and keep it going.

A little saying goes on out here, "if in doubt follow Rule 39: rule of gross tonnage." That being if they are bigger than you and you can go around, do so.
 
#13 ·
Though not qualified as a ship, tug and barges can easily be big enough to qualify as a ship in their length and breadth. That being said, they can't turn or stop like a normal power boat. They may take a half of a mile to come to an stop, and may take an 1/8 of a mile for the bow to respond to rudder commands.
Although not strictly relevant to COLREGS it does relate directly to common sense. See below.

since I'm a recreational vessel usually with no particular destination or schedule in mind and he's a commercial vessel trying to get their job done. I'm happy to get out of the way. I don't mind tacking/gybing/heaving-to.
+1.

Janet and I were coming South from NY Harbor a couple of years ago rounding Cape May planning to anchor in the Cape Henlopen Harbor of Refuge. See https://activecaptain.com/X.php?lat=38.850223&lon=-75.030282&t=n&z=12 . Northbound from well offshore was an ocean-going tug with a long tow. There was lots of time and space so I fire up the radar and tracked him with MARPA. CPA was really close and TCPA was about 45 minutes. I picked up the VHF mic to call when he called me. Golly. I was stand-on both as under sail and on his starboard. The Master was a real gentleman, asked my intentions, and offered to slow down and change course to give way. I told him I was on holiday, in no particular hurry, and respected that he was working for a living; if he would hold course and speed I would be happy to harden up (traveler up, trim jib), slow down (vang on), and take the stern of his tow. There wasn't any other traffic around so we chatted a bit--a nice break for both of us--and both (I think) felt the better for the encounter. We saved him five minutes or so and some fuel, and cost me fifteen minutes at most to anchor down behind the breakwater.

It's good to know the rules and operate within them. There is no substitute for communication and being polite, especially to commercial traffic.
 
#4 ·
"Hey tugboat pushing the gazillion-pound barge overtaking the blue sailboat, are we in your way?"

"Naw, hold what you got shrimp, we'll squeeze by OK."

How about talking to each other?
 
#5 · (Edited)
Hmmm,

The conclusion of the article that the sailboat technically was a stand-on (formerly right of way) vessel seems off for this situation, because San Diego Bay is a small place with a huge lot of traffic; a tug with tow here is very hemmed in and restricted in ability to maneuver. I'd disagree and the analysis didn't seem to tumble to the key phrase "in the bay".

Further, relative to the article, my own opinions were
(1) A key phrase in the original question was "in the bay". For a tug and tow, "in the bay" in San Diego is a confined situation in a frequently congested area in which opportunities for a tug with tow to maneuver are severely restricted. This was not considered adequately in the analysis of whether the tug was reduced in ability to maneuver (RAM). It's a different situation out in open, unobstructed, uncrowded, deep water.
-- Congested ports often also have special local regulations as well as designated traffic lanes off their approaches; movements of larger or sensitive vessels may be under the governance of a vessel traffic service such as in San Francisco or Seattle.
-- The amount of congestion is effectively increased in a place such as San Diego by the presence of numerous "approach me not" vessels such as military ships, cruise ships, ferries, etc.; in the US these have go-slow and no-go zones and in some parts of the world they carry moving exclusion zones with them as they maneuver. And don't forget to smile for the nice Coasties on the escort vessels with their 50-caliber machine guns.

(2) Many recreational anglers do not understand the limits and intents of which fishing vessels are considered reduced in their ability to maneuver and given priority as stand-on vessels. Hint: casting a worm out with your Zebco doesn't confer special status under the rules. This status is reserved for vessels whose ability to maneuver truly is limited, such as vessels working big nets... purse seiners, etc. I really think that the IRPCAS/COLREGs etc. should be clarified so that recreational anglers don't constantly mis-understand this.

(3) While the Rules generally are applied between a pair of vessels at a time, in a busy harbor the skippers must be aware of many other vessels and anticipate developing situations. General prudence and seamanship are always needed. Never follow the rules to the point of irretrievably standing into danger; indeed this is a rules requirement.

(4) Although the rules are generally consistent or similar, skippers need to know which rules apply ... the IRPCAS/COLREGs beyond the demarcation line in the ocean, the Inland Rules, or local or territorial rules in non-federal waterways, or even special "private" cases such as the racing rules.
 
#6 · (Edited)
A very good analysis and sensible comment by BoatyardBoy.

We sail 4,000 nm per year and have over 200 ship interactions. We follow the rules, negotiate passings frequently on the VHF and unless we have a problem are as considerate as we can be to commercial vessels.

If the tug/tow was claiming rights as a RAM (restricted in ability to maneuver) we would get out of his way, if not we would call on the radio but would have a very low threshold for getting out of his way. We often find that a few degree change in our course will avoid all problems, providing you pick them up and make the change at 10 miles plus. AIS has significantly improved our ability to easily handle interactions and make the correct course changes. We transmit on AIS and use the radio so the large course changes I used to make, showing them the other light, is now rarely necessary.

Even when we are not in a narrow channel or inshore shipping lane we are far more considerate when in crowded waters. In open waters we frequently ask ships to give us a wider margin explaining that as a sailboat we need a little more room. However, once a second or third vessel is involved we are less likely to ask for a course change unless we are being squeezed between two big ships. In a situation like that we would talk to both bridges and make sure they were aware of our position. Occasionally we use their MMSI number to 'ring the phone' on their bridge to ensure that they are aware of our position.

The only ships out there that have given us a problem are ones with watch officers with Eastern European accents and the US Navy who like to maintain radio silence and do not transmit on AIS. Not a very sensible precaution when 50 miles from Jacksonville in heavily trafficked waters.

When communications are poor we start the engine for added maneuverability under Rule 2...Good seamanship and get out of the way!

Oh, if you think anyone is watching... http://www.maib.gov.uk/publications/investigation_reports/2013/seagate_and_timor_stream.cfm

Phil
 
#84 ·
A very good analysis and sensible comment by BoatyardBoy.

We sail 4,000 nm per year and have over 200 ship interactions. We follow the rules, negotiate passings frequently on the VHF and unless we have a problem are as considerate as we can be to commercial vessels.

If the tug/tow was claiming rights as a RAM (restricted in ability to maneuver) we would get out of his way, if not we would call on the radio but would have a very low threshold for getting out of his way. We often find that a few degree change in our course will avoid all problems, providing you pick them up and make the change at 10 miles plus. AIS has significantly improved our ability to easily handle interactions and make the correct course changes. We transmit on AIS and use the radio so the large course changes I used to make, showing them the other light, is now rarely necessary.

Phil
I sometimes cruise in New York Harbor and up the Hudson River and find AIS most helpful for the reasons you state. Both I on my 30 foot sailboat and the BIG ships are able to see each other and just make slight course corrections often without having to communicate via the VHF. Much less stressful than wondering what the other guys intentions are.
 
#10 ·
IMHO the law of tonnage trumps COLREGs. Rules don't matter if you're dead.
Well said, my experience was in and outside of San Francisco Bay for many years, lots & lots of commercial traffic. My observations have been that if you get in their way, you WILL be run down, end of story, regardless of "The RULES".

But, also IMHO the maritime law expert is missing the narrow channel argument. For a tug pushing a barge, I'd interpret San Diego bay as a narrow channel, and give the rights to the tug/barge on the push.
In most harbors that I am familiar with there is little to no room for commercial traffic to "Maneuver". For liability purposes, they might give you 5 blasts on the whistle/horn right before they run them down.

Paul T
 
#9 ·
I don't see what is the point. It is obvious that a tugboat with a barge is a vessel "restricted in her ability to maneuver" the same way a trawler with a net out is.
It's just an academic discussion of the " rules".

To your point, the article simply indicates that there are lights and day shapes that a vessel RAM, needs to display to declare that status. However, absent those, Rule 2 comes in to play and points out that the sailboat expecting to be exonerated from any responsibility in an incident, simply because they were " technically" stand on, would not pass the responsibility to avoid collision test. in fact, it states that the sailboat ( besides being crushed) might bear most of the burden.
 
#11 ·
If the barge is being pushed ahead as part of a composite unit then it's considered to be just a powerboat according to COLREGS. That being said, since I'm a recreational vessel usually with no particular destination or schedule in mind and he's a commercial vessel trying to get their job done. I'm happy to get out of the way. I don't mind tacking/gybing/heaving-to.
 
#12 ·
Found this on a sailing quotes page:

"When you are sailing your piece of tupperware across the bay, and the ships are coming from one way and the tugs with barges are coming from another, just remember what a frog looks like in a blender. GET OUT OF THE WAY!" - from Susan-Marie Hagen
 
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#14 · (Edited)
We deal with this kind of situation on nearly every Gulf of Georgia crossing.. that and two shipping lane separation zones leaving our home harbour/bay.

I think it's ludicrous to expect stand-on rights against anything that big, and we've often altered course to 'stay out of their way'.. however I wish that more operators would take the initiative to attempt contact to clarify the nature of an upcoming crossing. Often it became clear in hindsight that our course change was not really necessary.

In 30 plus years of cruising this area it was only last summer that we had our first satisfactory interaction with a tug towing three barges.. we were having a ripping reach in great conditions and had the tug and tow in sight and 'steady' bearing for some time. I tried to radio, and as usual received no response. However Victoria traffic responded to my call, informed me the tug's name and called them on our behalf. Response was immediate and after some observation the skipper came back and said we'd be about a 1/2 mile ahead on cross and that he'd take our stern in any case.

That avoided another half hour of 'should we/shouldn't we' as we observed the closing. What always worries me about taking an avoidance maneuver is that the other guy might do the same and leave us in the same situation again.. good reason to make your intentions clear early on if direct communication isn't happening.

Next time I'll contact Traffic first.. I think hailing "Seaspan Comox" is more effective than "Tug towing barges in Georgia Strait eastbound".
 
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#15 ·
...
I think it's ludicrous to expect stand-on rights against anything that big, and we've often altered course to 'stay out of their way'.. however I wish that more operators would take the initiative to attempt contact to clarify the nature of an upcoming crossing. Often it became clear in hindsight that our course change was not really necessary.

In 30 plus years of cruising this area it was only last summer that we had our first satisfactory interaction with a tug towing three barges.. we were having a ripping reach in great conditions and had the tug and tow in sight and 'steady' bearing for some time. I tried to radio, and as usual received no response. However Victoria traffic responded to my call, informed me the tug's name and called them on our behalf. Response was immediate and after some observation the skipper came back and said we'd be about a 1/2 mile ahead on cross and that he'd take our stern. That avoided another half hour of 'should we/shouldn't we' as we observed the closing. What always worries me about taking an avoidance maneuver is that the other guy might do the same and leave us in the same situation again.. good reason to make your intentions clear early on if direct communication isn't happening.

Next time I'll contact Traffic first.. I think hailing "Seaspan Comox" is more effective than "Tug towing barges in Georgia Strait eastbound".
Yes, normally if the ship does not maneuver son enough to take avoiding action I will take it but only at the minimum safe distance otherwise I can have the risk of both vessels altering courses and as you say, become again on a collision course much nearer.

When I do not understand what they are doing I call by the radio asking about their intentions. The funniest story was last year where at night a big cruising ship seemed to stay on a collision course for a long time. I did not really understand their course so I call them. It turned out that it was a big cruising ship and they were almost making no way, killing time to arrive at their destination in the morning. That was what was confusing me, I assumed the boat was moving at a cruising speed. They said they were "seeing me" and that I need not to worry and they altered course to pass way ahead of me.

Regards

Paulo
 
#16 ·
It does not make sense to find out if a tug & barge lacks maneuverability by making your boat into a test-case each time you come across one. Communicate. Stand on if you can keep clear, or give way. We're all in this together, and you'd like them to help you if you needed it sometime.
 
#20 ·
I would also add that recreational boaters need to be aware of and stay clear of any local Traffic Separation Schemes. Since San Francisco has a large one, it probably didn't matter much to the article. Commercial vessels even if they can navigate outside a scheme can be prohibited from exiting, much like if they were in a narrow channel surrounded by shallow water.

They are still the give way vessel, however a vessel transiting across a TSS always gives way.
 
#22 · (Edited)
I would also add that recreational boaters need to be aware of and stay clear of any local Traffic Separation Schemes. Since San Francisco has a large one, it probably didn't matter much to the article. Commercial vessels even if they can navigate outside a scheme can be prohibited from exiting, much like if they were in a narrow channel surrounded by shallow water.

They are still the give way vessel, however a vessel transiting across a TSS always gives way.
Some years ago my Dad and I had a commercial salmon troller out of San Francisco. We fished mostly from the lightship to the Farallon Islands to Point Reyes. Lots of commercial traffic coming & going in the separation areas. I was always amazed at how fast they closed on us. Just a few minutes after first seeing them, busy with lines, etc, look up, and they were RIGHT there, scary.

Both in and out of the Bay, I can't remember seeing one make any attempt at altering course or speed. As others have mentioned, Stay out of their way, regardless of what the rules say.

Paul T
 
#23 ·
Well-stated article and comments, both under the article, and here. Note how unanimous the "maybe you have right of way technically but please don't push your luck, give way early and live to sail another day" opinion is.

The best advice amongst all the really good advice was imho, "why don't you just talk on the radio?" I guarantee you that tug listening Ch 16, or the local contact channel, or probably both.
So if you cross clear in front of him but then have to tack back across (which situation please try to avoid if at all possible), please please let him/her know! the worst thing for the tug driver is not knowing what you're going to do next. And if he's towing astern on a wire, he slows or turns to avoid you at risk of getting run over by his barge. And when pushing ahead he may have a large blind spot ahead of his barge.
 
#24 ·
A couple of things. I don't have a lot of sailing experience, but it's almost all in the Hudson, where passing within 100 feet of a cruise ship or barge is the norm.
1) The COLREGS only *really* matter after a collision. Hopefully your insurance agent or next of kin can collect from the at-fault vessel. Before the collision, they are a guide for setting expectations on how to avoid a collision. I feel that as a sailboat skipper, you should be getting out of the way or getting on the radio to explain why you can't.
2) At least in the Hudson, you probably won't get a response on 16. If you don't, try 13, which is much more closely monitored by commercial traffic.
 
#25 ·
I think I get what you are saying so maybe it's nit-picky of me but I think the colregs are pretty important before a collision. You should have a reasonable expectation of what the other guy should do, so that you can make the best decisions possible. I'm not saying assume they will do the right thing or anything, but you also should know enough not to turn left when faced with a head on collision.
 
#28 ·
I was struck by a barge in tow, we were talking to the coast guard on the VHF at the time of the collision. Don't be so sure the tug is listing to the VHF/16. We had lost our steering and were discussing our next course of action when we notice this small boat(tug) being followed by a large department store(barge). We were yelling to the barge to change course right up until he struck a glancing blow to our bow before he came on the VHF and demanded to know which direction we would be going. Had he been listening to the VHF he would have know our trouble. Any way just my .02 worth.

Brad
Lancer 36
 
#29 ·
Yes.. we've had little to no success hailing a tug on 16, esp if we didn't know it's name. The Vessel Traffic services are on 12 around here, I've taken to using that, but the incident described was the first time we'd had success trying to 'communicate' either our intentions or what the tug intended to do...
 
#31 ·
For future reference, for you guys not getting anything on Channel 16 in ports.. While channel 16 is a channel to monitor for traffic and safety/emergency, it is not usually used for in port traffic. Next time try channel 13 as it is a dedicated traffic channel for everyone, bridges included. Also, Vessel Traffic (VTS) is commonly on 5 and/or 12. Also VTS can give you vessel info, local traffic channels(if not 13) , tidal/current status, and vessel traffic in and out. When in port we turn 16 down more so we can pay more attention to 13 as it holds precedence with traffic situations. But if you can and have the ability, monitoring 16 and 13 is best.

-sent from sea via corked bottle
 
#39 ·
Sailing on Chesapeake Bay a few months ago at night. Saw a southbound tug towing a barge. It was pretty apparent that things were going to be close. I hailed the tug on 13 and said it looks like we have a situation here, how do things look to you. (figuring he'd be able to very accurately assess things on his radar) His response was "more importantly, how do things look to YOU!

I said I'd duck behind his tow and inquired how far back it was. Didn't hurt me and didn't delay him. Couldn't have cost me more than a couple of minutes.

Remember CH. 13 is your friend!
 
#40 ·
Sailing on Chesapeake Bay a few months ago at night. Saw a southbound tug towing a barge. It was pretty apparent that things were going to be close. I hailed the tug on 13 and said it looks like we have a situation here, how do things look to you. (figuring he'd be able to very accurately assess things on his radar) His response was "more importantly, how do things look to YOU!

I said I'd duck behind his tow and inquired how far back it was. Didn't hurt me and didn't delay him. Couldn't have cost me more than a couple of minutes.

Remember CH. 13 is your friend!
He was likely surprised (pleasantly) to hear from you. But that is the best way to do it, make contact, and see if they have a preferred plan, and if not make your intentions known. He might have had a different thing in mind, but once you communicate you both know what to expect. Seems there are a lot of push button navigators out there. You know set the chart plotter and go down below and fix some dinner and a drink and get upset when you hit the buoy you used as a way-point!
 
#41 ·
A variation on the golden rule:

If you were at the helm of the tug, how would you feel about small boat trafic? Would it be your sincere wish that they would give you room? Would you fear, that in avoiding one boat you would confuse other trafic and increase risk of collision?

I sure apriciate it when kayaks stay out of the channel, though they are under no obligation to do so. The same manners apply here.

Additionally, the notion of big boat traffic dodging small boats (I might not be able to see what they are dodging) is disconcerting. I would rather big trafic stand-on, with the sole exception of small boats that have suddenly lost way (engines die). I would rather weave though through big traffic, knowing they will manuver in a predictable manner.
 
#42 ·
Agree, as mentioned earlier, if you do anything else, make sure your will is in order. :D

Although I don't remember anyone here saying they are/were going to challenge commercial traffic, just the existence of discussions about doing that surprises me?

Paul T
 
#43 ·
Often it's not so much a question of challenging commercial traffic as being seen and avoided by it. A J/105 was run over at night by a freighter in Long Island Sound a few years ago. If they had seen the sailboat, they would probably have steered around it. Better than a series of Coast Guard Inquiry sessions.
 
#44 · (Edited)
Don't know anything about Long Island Sound. Do know a little about San Francisco Bay and outside. Had two cases of nearly being run down, both our fault. Lost our wind in the Bay and waited too long to start the engine and running out the outside ship channel in the dark, becoming distracted for a moment and failed to keep a proper watch, looked back just in time to see a wall of lights closing fast, way too close.

First instance was in bright sunshine, second, we had a large triangular metal radar reflector mounted up high. In both cases the ships gave no indication they even saw us, no whistle, course or speed change. I would guess that if they saw you and could take any evasive action, they might try?

Tanker Owners Admit Evidence Indicates Ship Hit Fishing Boat - Los Angeles Times

Paul T

Forgot this one, it appears no one was watching?

 
#45 ·
It's obvious that the freighter above was sinking, and the quick-thinking skipper beached the boat to keep it from going down. You can see the steady stream of what must be a bilge pump outlet coming from the starboard side the whole video. ;) We were almost run down on a clear, sunny day about 150 miles off Dingle, Ireland. by the Massachussetts Training Vessel Bay State. In the middle of the ocean, on a calm day, they bore down on us until we started the motor and executed an evasive maneuver. They still passed within 100 yards. No one on deck, no response on the radio. I remember especially because we could read the name on the starboard bow in letters that we cold tell were 2' high. If that is how they are training crews, that's why its a good idea to steer clear of them.
 
#47 ·
Debate among the crew on the sailboat? Isn't that like Wylie Coyote trying to have a rational debate with the anvil that's zooming down on his head?

Hey, if it hits you, you're gonna die. What's to debate about making that not happen?

Isn't there a saying about that in Texas, something like "better to be convicted by twelve than carried by six" ?
 
#48 ·
"Debate"? how true. My Dad had this thing about not turning the engine on, not sure why. We were on the lee side of Angel Island, in SF Bay, in the winter, lost what little wind we had. Big tanker pushing a BIG bow wave, coming straight at us, no whistle, nothing. Long story short, I pushed past my Dad and started the engine. Had the engine not started, my dad, my wife & two daughters, and I would have been killed, it was WAY too close.

Paul T
 
#49 ·
Up and down the US east coast, inside the ICW and outside in bigger water; we've had good comms with tows and other commercial shipping making passing easy. Not so with commercial fishing boats. They never answer on 16 or 13. And they change course as they fish and who knows how much they are dragging behind. But its not just us pleasure craft that have problems. Last week I left the radio on overnight and heard a tug/barge skipper hail a fishing trawler over and over with no reply. I could hear the desperation grow in his hails. He never heard from the trawler with at least 20 calls over a 15 min span. And it seems the fishing boats are exempt from using AIS. They are a problem.
 
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