posted 10-10-2014 12:35 AM ET (US)        

In a recent episode, the 154-foot mega-yacht was departing its slip at a marina and proceeding to the marina entrance channel, which was really the fairway in front of the slip. As soon as the yacht left its slip, it was more or less in the marina entrance channel. The yacht draws almost 7-feet. The depth in the channel is about 8-feet to 10-feet.

As the mega-yacht begins to exit the marina channel to seaward, another vessel, a sailboat under power but not displaying the proper day shapes for a sailing vessel under power, approaches the marina entrance from seaward. The sailing vessel under power is approaching the mega-yacht from the port bow quarter of the mega-yacht. This immediately sets up a crossing situation in which the sailing vessel is obligated to keep out of the way. Instead of keeping out of the way, the sailing vessel continues on its course, heading for the entrance channel, and crosses the bow the the mega-yacht, going from port to starboard in front of the mega-yacht.

As the sailing vessel under power crosses the bow of the mega-yacht, it turns to starboard and passes very close abeam. A woman on the sailing vessel under power yells up to the bridge of the mega-yacht, saying "We have the right of way because we started toward the channel first."

I don't think there is a rule in the Navigation Rules that says the right of way is first-come, first-served.

The woman on the sailing vessel under power then rebukes the captain of the mega-yacht by saying, "Stupid one-percenters."

In analyzing this situation, it looks to me like the woman on the sailing yacht was wrong, and they should have not proceeded into the marina entrance channel while the mega-yacht was trying to depart. The sailing vessel was obligated to keep clear on at least two rules.

First, in a crossing situation, RULE 15 applies:

quote:

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Rule 15 - Crossing Situation

(a) When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

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(Rules are available on-line at http://www.navcen.uscg.gov/?pageName=navRulesContent

Clearly the sailing vessel under power is now a power-driven vessel, and in a crossing situation must keep out of the way and avoid crossing ahead of the other vessel. The sailing vessel under power did not observe this rule; it did not keep clear, and it crossed ahead of the other vessel.

Further, since this encounter took place in a narrow channel, RULE 9 applies:

quote:

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Rule 9 - Narrow Channels

(a) (i) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the [ sound | danger ] signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.

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With a draft of 7-feet and a channel depth of only 8 to 10-feet, the mega-yacht was likely constrained by her draft. The sailing vessel under power was about 40-feet in length, so it is clearly a "vessel of less than 20 meters in length" and it should not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

Finally, the comment from the woman that references "Stupid one-percenters" seem to explain the situation. Apparently the sailing vessel under power felt that it was time to extract some revenge on a wealthy person, and this motive was sufficient to override the navigation rules.

posted 10-10-2014 09:15 AM ET (US)            

The sailing vessel could have easily delayed entering the channel until the much larger vessel was clear.

Then there's application of common sense which would advise not challenging a vessel 10 times your own displacement.

Re the one percent issue, most people who own a 40 foot sailboat are themselves one-percenters.

posted 10-10-2014 09:59 AM ET (US)            

But:

"most people who own a 40 foot sailboat are themselves one-percenters"

I think that if you visited many anchorages you would be disabused of that notion. Plenty of functionally homeless are aboard boats of that size...

Take a wander around the mooring fields of Key West sometime to get the full experience.... trust me on this one. Living "on the hook" down south for a few months was an eye opener.

Dave

posted 10-10-2014 10:08 AM ET (US)            

quote:

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Rule 3 - General Definitions

For the purpose of these Rules [ and 33 CFR §83-90 ], except where the context otherwise requires:

...(g) The term "vessel restricted in her ability to maneuver" means a vessel which from the nature of her work is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel. The term "vessels restricted in their ability to maneuver" shall include but not be limited to:

--i) A vessel engaged in laying, servicing, or picking up a navigational mark, submarine cable or pipeline;

--(ii) A vessel engaged in dredging, surveying or underwater operations;

--(iii) A vessel engaged in replenishment or transferring persons, provisions or cargo while underway;

--(iv) A vessel engaged in the launching or recovery of aircraft;

--(v) A vessel engaged in mine clearance operations;

--(vi) A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

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posted 10-10-2014 11:26 AM ET (US)            

A RAM (Rule 27) situation can also be "generally" applied to have the same cautions as can be applied to be vessel constrained by draft to a channel (Rule 28). The mate was not articulate in his differentiation of the rule, but he was pretty close. This vessel was not specifically a Rule 27 vessel but was certainly a rule 28 vessel.

With that said, he also had privileges under Rule 9. I think from memory (Yes, I have it all memorized) that it's Paragraph C that gives priority to vessels over 20 meters in length when restricted by draft in a narrow channel or fairway.

In any event, Rule 15 is the arbiter of this particular situation. The mate might have misarticulated it, but often the rules overlap to the point that you are "right three ways from Sunday, but still wrong if you hit anything"

Dave

posted 10-10-2014 11:38 AM ET (US)            

quote:

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Rule 3

The term "vessel constrained by her draft" means a power-driven vessel which because of her draft in relation to the available depth and width of navigable water is severely restricted in her ability to deviate from the course she is following.

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In the situation of the 154-foot mega-yacht with 7-foot draft operating in a channel with 8-foot to 10-foot draft, I would categorize the mega-yacht as being a "vessel constrained by her draft."

The question is then to what special privileges such a vessel enjoys. RULE 18 says:

quote:

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Rule 18 - Responsibilities Between Vessels...

(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to maneuver shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draft, exhibiting the signals in Rule 28.

(ii) A vessel constrained by her draft shall navigate with particular caution having full regard to her special condition.

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Note that this applies only in international rules, not in inland rules.

posted 10-10-2014 12:25 PM ET (US)            

1) give all others the right of way, unless there's a good reason not to. I'm out there for fun, not to hurry around or assert my will over others - and you never know when someone else isn't going to know the rules.

2) always give people earning a living on the water the right of way - time is money for them, not for me.

3) check and make sure the fairway is clear before pushing off the dock or out of a slip.

I have not seen the program, but it appears that the large motoryacht may have violated #3 and that the sailboater definitely violated #1.

Furthermore, from the description of the behavior of the sailing vessel, it's almost a certainty the person behind the wheel drives a BMW.

posted 10-10-2014 01:18 PM ET (US)            

Becareful with your #1. At times you are required to maintain course and speed. That way the "give way vessel" (as required by law) can take action to avoid you. If you change course, you violate the Rules... to a point. If you change course and let them proceed well in advance, no problem.

Very similar to cars making a right turn at an intersection giving way to a car turning into the same road making a left turn. The left gives way to the right, but so often you see the right turn give way. Got to know the Rules.

posted 10-10-2014 01:29 PM ET (US)            

I suspect any sailboat of that length *cruising in the Bahamas* or *selected for future cruising in the Bahamas* will only have about a 4-5 foot draft. Otherwise.... well, let's just say that you're not going to go to very many spots.

Dave

posted 10-10-2014 01:34 PM ET (US)            

"With a 6 foot draft you can go pretty much anyplace you like, mon.. you just can't be choosy about when you want to go there, mon... " (think tides)

"Shoal draft boats just let you go aground closer to the beach, mon..."

Seriously, the Bahama Banks are SHALLOW and cover thousands of square miles. The thing about the Bahamas is that the water is either 5000 feet deep, or 5 feet deep. There isn't any middle ground.

Dave

posted 10-10-2014 04:53 PM ET (US)            

The obligation of the stand-on vessel is to be predictable, and in a crossing situation *never turn to the left* if not constrained by anything else.

I was made to memorize this by my Grandfather, a true "Old Salt".

+++++++++++++++++

When all three lights I see ahead, I turn to Starboard and show my Red. Green to Green, Red to Red, Perfect Safety -- Go Ahead.

But if to Starboard Red appear, It is my duty to keep clear -- To act as judgment says is proper: To Port or Starboard, Back or Stop her.

And if upon my Port is seen, A Steamer's Starboard light of Green, I hold my course and watch to see, That Green to Port keeps Clear of me.

Both in safety and in doubt, Always keep a good look out.

In Danger, with no room to turn Ease her, Stop her, Go Astern.

+++++++++++++++++

posted 10-13-2014 11:07 AM ET (US)            

The mega-yacht, if she wants to be considered as a vessel constrained by her draft, should be showing the signals specified in RULE 28:

quote:

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A vessel constrained by her draft may, in addition to the lights prescribed for power-driven vessels in Rule 23, exhibit where they can best be seen three all-round red lights in a vertical line, or a cylinder.

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The "cylinder" is a day shape consisting of a black cylinder hoisted on a mast. See http://www.navcen.uscg.gov/?pageName=nr_28

The sailing vessel had her sails down, and was clearly proceeding under power. If she had sails up and was also under power, she should have displayed a day shape according to RULE 25:

quote:

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(e) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downwards.

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Regarding whistle signals, being an INLAND sailor, I was expecting the mega-yacht would have to sound one prolonged blast of her whistle before leaving the dock, but, upon some research, I see that is only an INLAND rule, not an INTERNATIONAL rule.

When the mega-yacht was confused by the actions of the sailing vessel under power, she did sound a prolonged blast of her whistle. That was improper. She should have sounded according to RULE 34:

quote:

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(d)When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle.

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posted 10-15-2014 12:36 PM ET (US)            

I have also taught my kids another rule that I think is pretty important, that being to be predictable. Don't veer around all over the place and keep other boaters guessing, and if you make a course change to avoid someone, make it a big, noticeable change so the other skipper knows you are doing so.

posted 10-22-2014 09:54 AM ET (US)            

Alaska has no Inland Rules, International rules are used here.

posted 10-22-2014 12:15 PM ET (US)            

It looks to me like in the USA we have Inland Rules in order to accommodate some existing practices or historical methods. For example, there are unusual rules about navigation lights on the Great Lakes in RULE 23:

quote:

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(d) A power-driven vessel when operating on the Great Lakes may carry an all-round white light in lieu of the second masthead light and sternlight prescribed in paragraph (a) of this Rule. The light shall be carried in the position of the second masthead light and be visible at the same minimum range.

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It seems to me that by allowing the maintaining of some historical method of navigation lighting, the burden of compliance with International Rules was eased for a few large commercial ship owners, but at the cost of a rather significant burden of having two sets of rules and requiring all mariners to be aware of them. My opinion is the greater burden is (and has been) placed on mariners by requiring them to know all sorts of arcane and obscure rules, and, instead, a few commercial ship owners should have been made to change their ways. For example, what is the point of this rule:

quote:

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(i) Notwithstanding Rule 24(c), on the Western Rivers (except below the Huey P. Long Bridge on the Mississippi River) and on waters specified by the Secretary, a power-driven vessel when pushing ahead or towing alongside, except as Rule 24(b) applies, shall exhibit:

(i) sidelights; and
(ii) two towing lights in a vertical line.

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posted 10-22-2014 12:34 PM ET (US)            

The commercial guys are usually up to speed on what and where they need something.

Others (pleasure boats) get away with what they have installed by the builder.

Special Rules apply in certain areas, as you've pointed out. Boaters should be aware of these and comply as they are able.

For years the International cmmunity has worked on the COLREGS and in the USA they've worked on making things simple. But in the rules, change is "bad".

Additionally, enforcement of lights is usually the last thing that is looked at because people are pretty good. But, in two cases:
1. Your prior concern (years ago?) about the height of your all-around white light on your Revenge 22 "ContinuousWave" and whether or not it had to be on the "center-line" and 1-meter above your side lights (or something like that);
2. Fishing boat running along the Alaska Peninsula in 1990 with his red/green side lights on the wrong side.

In 1, if your lights are working, red/green, white 360, nobody will give you trouble.

In 2, we stopped, boarded, and fined the guy at 0500 in the dark because he had just thoroughly confused a tug and tow.

The COLREGs are "fun".

JimP