Warning other boaters...

[Plumper]

I agree with Boasun.

Sailaway, I would like to see the court transcripts (or the records of another similar incident), rather than your interpretation of them, before I agree to your position.

It seems ridiculous to me that consideration would be given to holding a vessel at anchor at fault in a collision unless the vessel was anchored in a fairway or narrow channel or some other inappropriate place. The idea is so absurd that the rules do not even say that vessels at anchor shall be avoided!

[Valiente]

This could merge with the drunken dinghy thread before long.

[arbarnhart]

Originally Posted by Boasun

One of the problems is that for those of us who hold upper level licenses, we have to know morse code and can send single letter codes via whistle or light. It is a requirement for us to be able to send and receive messages via flashing light.
Now for just about everyone else you don't have that requirement and the probability that the person on the other vessel knowing morse code is nil to none.
Thus the correct signal would be 5 short blasts on the horn, asking the other vessel: What are You Doing!? but if that power boat was drifting, then he was the give way vessel and should have moved. And if he was at anchor it would have been either 5 short blasts or 1 short, 1 prolong, 1 short blasts on the horn. As in accordance with the Rules.

I am trying to make sense of this. Are you saying that a drifting boat can be the give way vessel just because it appears to have an engine you assume works?

[sailingdog]

A drifting boat, if it has a serious problem with the engine, should be flying two ball dayshapes one above the other or showing two red lights in a vertical line. Both of these stand for NOT UNDER COMMAND.

[arbarnhart]

He was on a 20' runabout; a little recreational boat. I doubt he had flags or a place to fly them.

But I thought it was a "vessel that is under power" not just one that is capable. Most sailboats of any size do have engines, but are only treated as powerboats when motoring, right?

This stuff confuses the heck outa me. I generally try to stay out of the way when I can whether I think I "have to" or not.

[Plumper]

Even when you are drifting you are responsible for your boat, regardless of whether you are under power or sail. Underway is:

Rule 3 (i)
The word "underway" means a vessel is not at anchor, or made fast to the shore, or aground.

Ergo rule 18 (a) applies:

(a)A power driven vessel underway shall keep out of the way of:

(iv)a sailing vessel;

Just staying out of the way whether I have to or not is the nautical equivalent of stopping at every intersection regardless of the colour of the lights.

[arbarnhart]

But I understand the lights and I am pretty sure the other people do also. And I have to use the road; I can't adjust my route a little and cut through someone's yard so that I will get to the cross street behind a car I see on the cross street instead of coming into the intsection at the same time. Well, I guess I can, but if it's your yard you won't like it much. But out on the water I can often make a small adjustment that costs me little or nothing in time and avoid the situation.
In this thread, we have experts that can't reach a consensus about the waterway rule interpretations. I think we could all agree whether the person with the red or green gets to go.

[Plumper]

In fact, making a small alteration early so as to avoid a close quarters situation is allowed for and encouraged in the rules.

In this thread the "experts" can't reach a consensus but the discussion is all important. The interpretation of written law is always a challenge, and some of the "experts" aren't. In practice, applying the rules is not difficult. It is when the situation is unusual or not clearly understood that it becomes arguable. In real life most mariners can avoid those by early and substantial actions to avoid a close quarters situation.

It does pay to have a rudimentary knowledge of the rules. Stopping your powerboat for lunch in front of a sailboat is just stupid. It is evident to me that the OP could spend a little time reading the rules.

[Boasun]

Reread the 1st post. He didn't state as to whether he was drifting or at anchor. He could have been more clear on that. And this did give to the apparent confussion here.

But in reality. If he stopped for lunch and was drifting and the situation developed as he stated.
He is the give way vessel and have to move clear.
If he was at anchor then the sail boat is the give way vessel and have to go around him.
If he was broke down then the appropriate distress signal would have clued in the sailboat and would ask if he needed assistance.

So was he Underway, Not making way? Or at anchor? Or broke down?
But stopping for lunch indicates that he was the former and thus the give way vessel and he should have moved.
Sitting on the lunch hook, he was at anchor.
and the last? He needed a tow.

Have I confused anyone here??

[Plumper]

It is clear to me.