COLREG 1972, A Presentation

1. COLREG 1972 Capt. Amarinder Singh Brar LLM Maritime Law (2014-2015),
University of Southampton
2. COLREG - History For several hundred years, rules were in existence but with no
statutory force. 18th Century - Regulations for Sailing Vessels. 1840 - Trinity
House (London) drew up a set of rules (Steam vessels). 1846 - Enacted as an Act
of Parliament. Above two combined in Steam Navigation Act of 1846. 1848 -
Admiralty Regulations concerning navigation lights added to Steam Navigation Act
1846. 1858 - Colored side lights prescribed, Fog signals prescribed. 1863 - New
set of regulations drawn up by British Board of Trade, in consultation with French
Government 1864 1863 Regulations adopted by over 30 maritime countries.
1884 - 1863 regulations amended. No significant difference. 1889 - Maritime
conference in Washington initiated by government of the United States. 1910 -
Minor differences in above accepted internationally at Brussels - In force till 1954.
1929 - SOLAS proposed minor amendments. Never adopted.
3. COLREG - 1960 to 1972 Regulations By 1965 it was felt necessary for a thorough
revision to take account of developments in navigation such as: the widespread
acceptance and use of radar, the introduction of traffic separation, and the
increase in size and speed of many ships. In October 1972, a conference was held
which brought in substantial changes and a new format to the Regulations.
4. COLREG 1972 - Introduction Convention on International Regulation for
Preventing Collisions at Sea, 1972, as amended. Adopted - 20 Oct 1972; Entered
in force - 15 July 1977 Replaces COLREGS 1960 which entered in force with the
SOLAS Convention at that time. Amended in 1981, 1987, 1989, 1993, 2001, 2007
Also known as 'Rules of the Road', often abbreviated to ROR.
5. Structure of COLREG 72 38 Rules divided into 5 parts 4 Annexes containing
technical details
6. Rules in COLREG 72 (38 Rules divided into 5 parts) Part A - General Part B -
Steering and Sailing Rules Section I - Conduct of vessels in any condition of
visibility Section II - Conduct of vessels when in sight of one another Section III -
Conduct of vessels in Restricted Visibility Part C - Lights and Shapes Part D -
Sound and Light Signals Part E - Exemptions
7. Annexes of COLREG 72 Four Annexes. Namely: Annex 1 - Positioning and
technical details of lights and shapes Annex 2 - Additional signals for FV fishing in
close proximity Annex 3 - Technical details of sound signaling appliances Annex
4 - Distress Signals
8. COLREGS 72 Rules
9. Part A - General Rule 1 - Application Rule 2 - Responsibility Rule 3 -
Definitions
10. Rule 1 - Application (a) These rules shall apply to all vessels upon the high seas
and in all waters connected therewith navigable by seagoing vessels. (b) Nothing in
these Rules shall interfere with the operation of special rules made by an
appropriate authority for roadsteads, harbours, rivers, lakes, or inland waterways
connected with the high seas and navigable by seagoing vessels. Such special rules
shall conform as closely as possible to these Rules. (c) Nothing in these Rules shall
interfere with the operation of any special rule made by the government of any
State with respect to additional station or signal lights, shapes or whistle signals for
ships of war and vessels proceeding under convoy, or with respect to additional
station or signal lights or shapes for fishing vessels engaged in fishing as a fleet.
These additional station or signal lights, shapes or whistle signals shall, so far as
possible, be such that they cannot be mistaken for any light, shape, or signal
authorised elsewhere under these Rules (d) Traffic separation schemes may be
adopted by the Organization for the purpose of these Rules. (e) Whenever the
Government concerned shall have determined that a vessel of any special
construction or purpose cannot comply with the provisions of any of these Rules
with respect to the number, position, range, or arc of visibility of lights or shapes, as
well as to the disposition and characteristics of sound-signalling appliances, such
vessel shall comply with such other provisions in regard to the number, position,
range or arc of visibility of lights or shapes, as well as to the disposition and
characteristics of sound-signalling appliances, as her Government shall have
determined to be the closest possible compliance with these Rules in respect of that
vessel.
11. Rule 1 Application - Comment a) Applicable to all vessels. Applicable upon the
high seas and in all navigable waters connected therewith. b) Local authorities can
make local navigation rules. Should be similar to these rules. e.g. Inland rues in
United States of America c) Special rule can be made by the government of any
State for specific lights or signal. e.g. Special signal requirement in the Straits of
Singapore d) Rules apply in adopted TSS which can be found in IMO Guide to Ship
Routeing. e) Exceptions allowed based upon specific nature of work or construction
of particular vessel. e.g. Navigation lights on Aircraft Carriers and submarines.
12. Rule 2 - Responsibility (a) Nothing in these Rules shall exonerate any vessel, or
the owner, master or crew thereof, from the consequences of any neglect to comply
with these Rules or of the neglect of any precaution which may be required by the
ordinary practice of seamen, or by the special circumstances of the case. (b) In
construing and complying with these rules due regard shall be had to all dangers of
navigation and collision and to any special circumstances, including the limitations
of the vessels involved, which may make a departure from these rules necessary to
avoid immediate danger.
13. Rule 2 Responsibility - Comment Rule 2 is sometimes referred to as the
"General Prudential" rule. Mariner has two fold duty: 1. To comply with rules, and
2. To prevent collision. Paramount to avoid or minimise the damaging effects of a
collision, as opposed to blindly following the rules to the letter. Overall intent to
minimise actual collision taking place rather than rule compliance. A departure is
only permitted when there are special circumstances and there is immediate
danger. The departure must be of such a nature as to avoid the danger which
threatens.
14. Rule 2 Responsibility Case Law Duty to depart if necessary not only
justified but also expected - Tasmania-City of Corinth (Lord Herschell, 1890).
15. Rule 3 Definitions (Excerpt) (a) The word vessel includes every description of
water craft, including non-displacement craft, wing-in-ground-effect (WIG) vehicle,
and seaplanes, used or capable of being used as a means of transportation on
water. (b) The term "power-driven vessel" means any vessel propelled by
machinery. (c) The term "sailing vessel" means any vessel under sail provided that
propelling machinery, if fitted, is not being used. (d) The term "vessel engaged in
fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus
which restrict manoeuvrability, but does not include a vessel fishing with trolling
lines or other fishing apparatus which do not restrict manoeuvrability. (e) The word
"seaplane" includes any aircraft designed to manoeuvre on the water. (f) The term
"vessel not under command" means a vessel which through some exceptional
circumstance is unable to manoeuvre as required by these Rules and is therefore
unable to keep out of the way of another vessel. (g) The term "vessel restricted in
her ability to manoeuvre" means a vessel which from the nature of her work is
restricted in her ability to manoeuvre as required by these Rules and is therefore
unable to keep out of the way of another vessel. (h) The term "vessel constrained
by her draught" means a power- driven vessel which, because of her draught 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. (i) The word "underway"
means that a vessel is not at anchor, or made fast to the shore, or aground. (k)
Vessels shall be deemed to be in sight of one another only when one can be
observed visually from the other. (l) The term "restricted visibility" means any
condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms,
sandstorms, or other similar causes. (m) The term "Wing-In-Ground (WIG) craft"
means a multimodal craft which, in its main operational mode, flies in close
proximity to the surface by utilising surface-effect action.
16. Part B General Section I (Conduct of vessel in any condition of visibility) Rule
4 Application Rule 5 Lookout Rule 6 Safe Speed Rule 7 Risk of Collision
Rule 8 Action to Avoid Collision Rule 9 Narrow Channels Rule 10 Traffic
Separation Schemes
17. Rule 5 Lookout 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.
18. Rule 5 Lookout Comment Who every vessel When at all times What
proper lookout How all available means. New equipment ? Intention 1. for a
proper appraisal of the situation, and 2. risk of collision
19. Rule 5 Lookout Case Law Duty of lookout Shakkeborg v Wimbledon
Report every material light (Bargrave Dean J, 191 1) Binoculars - Gorm-Santa
Alicia (Hewson J, 1961) Faulty appreciation of VHF and absence of radar lookout -
Bovenkerk-Antonio Carlos (Brandon J, 1973) Readily available radar, failure to use
- Vechtstroom-Claughton (Hewson J, 1964) Radar not working - Pocahontas
Steamship Company-Esso Amba (American Case, 1950) CA comment - Properly
working radar, duty to use in RV (Judge Medina, 1959) Visual lookout necessary -
Anneliese-Arietta (Kaminski LJ, 1970) Full appraisal of situation - Staffordshire-
Dunera (Willmer J, 1948) Anchor watch - Gerda Toft-Elizabeth Mary (Willmer J,
1953)
20. Rule 5 Lookout Recent Collision 31 October 2014 - Early hours - Open Seas -
Middle of Ocean http://www.thehindu.com/news/cities/Visakhapatnam/navy-ship-
suffers-minordamage-in- collision/article6552939.ece
21. Rule 6 Safe Speed (Excerpt) Every vessel shall at all times proceed at a safe
speed so that she can take proper and effective action to avoid collision and be
stopped within a distance appropriate to the prevailing circumstances and
conditions.. Additionally, it states factors to be taken into account by all vessels;
And, further factors to be taken into account by vessels with operational radar.
22. Rule 6 Safe Speed Comment Who every vessel When at all times
What proceed at a safe speed How take all factors into account. Additional for
vessels with operating radar Intention 1. Proper and effective action to avoid
collision, 2. Be stopped at an appropriate distance
23. Rule 6 Safe Speed Case Law At all times - Kurt Alt-Petrel (Hewson J, 1962)
Proper and effective action - Ring-Orlik (Sir Jocelyn Simon, President of the Court,
1964 Within a distance appropriate - Glorious-Florida (Scrutton LJ, 1933) Radar,
continuous watch - Norefoss-Fina Canada (Hewson J, 1962) Radar, inferences -
Niceto de Larrinaga-Sitala (Hewson J, 1963) Radar, range scale, LR scanning -
Nassau-Brott (Hewson J, 1963) Radar, interference 1979 collision in a squall
between Atlantic Empress and Aegean Captain inquiry at Greece held both vessels
responsible no proper use of radar and excessive speed
24. Rule 7 Risk of Collision (a) Every vessel shall use all available means
appropriate to the prevailing circumstances and conditions to determine if risk of
collision exists. If there is any doubt such risk shall be deemed to exist. (b) Proper
use shall be made of radar equipment if fitted and operational, including long-range
scanning to obtain early warning of risk of collision and radar plotting or equivalent
systematic observation of detected objects. (c) Assumptions shall not be made on
the basis of scanty information, especially scanty radar information. (d) In
determining if risk of collision exists the following considerations shall be among
those taken into account: (i) such risk shall be deemed to exist if the compass
bearing of an approaching vessel does not appreciably change; (ii) such risk may
sometimes exist even when an appreciable bearing change is evident, particularly
when approaching a very large vessel or a tow or when approaching a vessel at
close range.
25. Rule 7 Risk of Collision Comment Who every vessel When at all times
What determine risk of collision How use all available means Talks about
use of radar, how to use Caution when close to other vessels. Cross reference
Rule 5 Lookout Rule 34 Manoeuvring and warning signals Rule 35 Sound
signals in restricted visibility
26. Rule 7 Risk of Collision Case Law Banshee-Kildare (Esher L, 1887) Now at
what period of time is it that the Regulations begin to apply to two ships? It cannot
be said that they are applicable however far off the ships may be. Nobody could
seriously contend that if two ships are six miles apart the Regulations for Preventing
Collisions are applicable to them. They only apply at a time, when, if either of them
does anything contrary to the Regulations, it will cause danger of collision. None of
the Regulations apply unless that period of time has arrived. It follows that anything
done before the time arrives at which the Regulations apply is immaterial, because
anything done before that time cannot produce risk of collision within the meaning
of the Regulations. Navigate by COLREG and not VHF - Angelic Spirit-Y Mariner
(Clarke J, 1994) Stated that VHF Communication allowed to inform other ship in
order to reduce risk - Mineral Dampier - Hanjin Madras [2001] EWCA Civ 1278
(Phillips LJ)
27. Rule 8 Action to Avoid Collision (a) Any action taken to avoid collision shall be
taken in accordance with the Rules of this Part and shall, if the circumstances of the
case admit, be positive, made in ample time and with due regard to the observance
of good seamanship. (b) Any alteration of course and/or speed to avoid collision
shall, if the circumstances of the case admit, be large enough to be readily apparent
to another vessel observing visually or by radar; a succession of small alterations of
course and/or speed should be avoided. (c) If there is sufficient sea-room, alteration
of course alone may be the most effective action to avoid a close-quarters situation
provided that it is made in good time, is substantial and does not result in another
close-quarters situation. (d) Action taken to avoid collision with another vessel shall
be such as to result in passing at a safe distance. The effectiveness of the action
shall be carefully checked until the other vessel is finally past and clear. (e) If
necessary to avoid collision or allow more time to assess the situation, a vessel shall
slacken her speed or take all way off by stopping or reversing her means of
propulsion. (f) (i) A vessel which, by any of these Rules, is required not to impede
the passage or safe passage of another vessel shall, when required by the
circumstances of the case, take early action to allow sufficient sea-room for the safe
passage of the other vessel. (ii) A vessel required not to impede the passage or safe
passage of another vessel is not relieved of this obligation if approaching the other
vessel so as to involve risk of collision and shall, when taking action, have full
regard to the action which may be required by the Rules of this Part. (iii) A vessel
the passage of which is not to be impeded remains fully obliged to comply with the
Rules of this Part when the two vessels are approaching one another so as to
involve risk of collision
28. Rule 8 Action to Avoid Collision Comment Action to be with due regard
rules of this section, ample time, positive Action to be large enough to be readily
apparent visual or radar Action should result in safe passing observe while in
progress If necessary, Slow down or stop use means of propulsion Cross
reference Rule 5 Lookout Rule 6 Safe Speed Rule 7 Risk of Collision Rule
18 Responsibilities between vessels Rule 34 Manoeuvring and warning signals
Rule 35 Sound signals in restricted visibility
29. Rule 8 Action to Avoid Collision Case Law IMO SN Circ. 226 issued in Dec
2002 - Dangers of conflicting action in collision avoidance No excuse not to follow
COLREGS - Maloja 11-John M (Sheen J, 1993) Substantial, readily apparent -
Billings Victory-Warren Chase (Willmer J, 1949) Small alterations collision - British
Aviator-Crystal Jewel 1964
30. Rule 9 Narrow Channels (a) 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 m 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. (c) A vessel engaged in
fishing shall not impede the passage of any other vessel navigating 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 signal prescribed in
Rule 34(d) if in doubt as to the intention of the crossing vessel. (e) (i) In a narrow
channel or fairway when overtaking can take place only if the vessel to be
overtaken has to take action to permit safe passing, the vessel intending to
overtake shall indicate her intention by sounding the appropriate signal prescribed
in Rule 34(c)(i). The vessel to be overtaken shall, if in agreement, sound the
appropriate signal prescribed in Rule 34(c)(ii) and take steps to permit safe passing.
If in doubt she may sound the signals prescribed in Rule 34(d).
31. Rule 9 Narrow Channels (Contd.) (ii) This Rule does not relieve the overtaking
vessel of her obligation under Rule 13. (f) A vessel nearing a bend or an area of a
narrow channel or fairway where other vessels may be obscured by an intervening
obstruction shall navigate with particular alertness and caution and shall sound the
appropriate signal prescribed in Rule 34(e). (g) Any vessel shall, if the
circumstances of the case admit, avoid anchoring in a narrow channel.
32. Rule 9 Narrow Channels Comment Who Ships in narrow channel When
Proceeding along the course of narrow channel or fairway What Keep to
starboard. Avoid anchoring. Make sound signals as prescribed. Miscellaneous FV
not to impede. Vessel not to cross narrow channel impeding other vessel inside the
narrow channel. Overtaking after permission. Cross reference Rule 5 Lookout
Rule 6 Safe Speed Rule 7 Risk of Collision Rules in Part B Section II
(Navigation in sight of one another) Rule 34 Manoeuvring and warning signals
Rule 35 Sound signals in restricted visibility
33. Rule 9 Narrow Channels Case Law Passage 2 nautical miles wide held
narrow channel Anna Salen- Thorshovdi, 1954 Passage 1.2 nautical miles wide
not held narrow channel - Faith I - Independence (US Court, 1992) Vessels
criticized for not using radar - British Tenacity-Minster (Hewson J , 1953) Vessel
entering narrow channel not mentioned in rules - Canberra Star- City of Lyons
(Hewson J, 1962) stated Vessels already in it, as well as those about to enter it,
should behave reasonably. It does not appear to me that the vessel in the channel
has a complete right of way, and she must not hog the river regardless of the
reasonable aspirations of other vessels. Tides - Burton-Prince Leopold de
Belgique (Sir Gore11 Barnes, 1908) Bends and tides - Trevethick-Talabot (Butt J,
1890)
34. Rule 9 Narrow Channels The Willmer test Rule 9 DOES NOT define
Narrow Channel. The Jaroslaw Dabrowski [1952] 2 Lloyds Rep 20 at page 26, Sir
Gordon Willmer (then Willmer J ) states What Mr. Justice Langton {in The Varmdo
[1940] P.15} was in effect saying in his judgment in that case was that a narrow
channel within the rule is that which by the practice of seamen is treated, and
necessarily treated, as a narrow channel... This suggests that the legal test (the
Willmer test) for determining whether a channel is a narrow channel where Rule 9
applies is how seamen in fact navigate in the locality. The Anna Salden [1954] 1
Lloyds Rep 475, Willmer J. said at page 487 that the Elder Brethren advised him
that it would not be possible to define what was the channel for the purposes of the
narrow channel rule.
35. Rule 9 applies or not? Master jailed while the debate continues! KULEMESIN AND
ANOTHER v HKSAR [2013] HKCFA 14
36. Rule 9 Narrow Channels Video Yacht v/s supertanker in our backwaters
http://youtu.be/_tUoUxzt9sI News coverage http://www.bbc.co.uk/news/uk-
england-hampshire-24670515 http://www.theguardian.com/uk-
news/2013/oct/25/skipper-fined-cowes- week-collision Rules 1, 2, 5, 9
37. Rule 10 Traffic Separation Schemes (a) This Rule applies to traffic separation
schemes adopted by the Organization and does not relieve any vessel of her
obligation under any other rule. (b) (Duties of vessel joining, navigating and leaving
a TSS) (c) (Crossing a TSS) (d) (Navigation in Inshore Traffic Zone) (e) (Exception) (f)
(Exercise caution when navigating nearby) (g) (Attempt to avoid anchoring in a TSS
or near its terminations) (h) (Not using TSS ? Keep well away) (i) (FV not to impede
any vessel in TSS) (j) (Vessel of L<20m and SV not to impede PD in TSS) (k) (RAM
exempted as necessary for maintenance of safety of navigation) (l) (RAM excepted
for laying under water cables etc in TSS)
38. Rule 10 TSS Comment IMO Resolution A.572(14) General Provisions on
Ship Routeing Rule 10 mandatory in IMO adopted TSS. A government may also
recommend the use of traffic separation schemes in international waters off its
coast, without having submitted such schemes to IMO for adoption. (e.g. off coast of
Japan). No exemption for FV in TSS. Crossing mandatory at a heading right
angles to traffic lane. Cross reference Rule 3 Definition of TSS Rule 5
Lookout Rule 6 Safe Speed Rule 7 Risk of Collision Rule 8 Action to avoid
collision Rules in Part B Section II (Navigation in sight of one another); or Section
III (Navigation in restricted visibility) Rule 34 Manoeuvring and warning signals;
or Rule 35 Sound signals in restricted visibility
39. Rule 10 TSS Collision Case Study USS Porter collided with MOLs M/T
Otowasan 12 August 2012 Collision occurred in straits of Hormuz NBC News -
http://worldnews.nbcnews.com/_news/2012/08/12/13242239-us-navy-ship-collides-
with-oil-tanker-in-gulf?lite The Guardian -
http://www.theguardian.com/world/2012/aug/12/navy-destroyer-uss-porter-
damaged 14 May 2013 - US Destroyers bridge audio recording
http://archive.navytimes.com/article/20130514/NEWS/305140001/Hear-audio-
Chaos-bridge- before-brutal-ship-collision http://gcaptain.com/intense-bridge-
conversation-porter/ August 2014 Volts Shipping Navigation S.A. sues United
States of America Citing violation of Rules 2, 5, 6, 7, 8, 10, 14, 15, and 16, of the
International Regulations for Preventing Collisions at Sea 1972 (COLREGS) and their
otherwise negligent navigation and manning of the vessel 08 August 2014 in
New York - http://dockets.justia.com/docket/new-
york/nysdce/1:2014cv06333/431052 11 August 2014 in Virgina -
http://dockets.justia.com/docket/virginia/vaedce/2:2014cv00401/307898
40. Rule 10 TSS Grounded Ship Video What may happen if you move out of the
TSS lane https://www.youtube.com/watch?v=wnUWtIpSMH8
41. Rule 10 TSS Case Law 1986 Sail training vessel De Eendrucht, fitted with
auxillary engine but propelled under sails only, crossed at a different heading to
prevent uncontrolled gybing. OOW prosecuted in Ansterdam for non compliane of
Rule 10 (c) because he failed to use the Auxillary engine to achieve a right- angled
crossing. 1973, a collision between the American Aquarius and the Atlantic Hope
in a non-IMO-adopted but nationally declared TSS held in the United States Court
of Appeals that the TSS had not attained the status of a custom and that the action
of the American Aquarius in proceeding in the wrong direction in the traffic lane
could not be fairly characterised as a failure to conform with good seamanship.
Crossing to join - Century Dawn-Asian Energy (Clarke J, 1994) obligation under rule
10 (c) paramount even if crossing to join.
42. Part B - General Section II (Conduct of vessels in sight of one another) Rule 11
Application Rule 12 Sailing Vessels Rule 13 Overtaking Rule 14 Head-On
Situation Rule 15 Crossing Rule 16 Action by Give Way Vessel Rule 17
Action by Stand On Vessel Rule 18 Responsibilities
43. Rule 11 Application Rules in this section apply to vessels in sight of one
another. Comment Rule 3(k) states that vessels shall be deemed to be in sight of
on another only when one can be observed visually from the other in this section
apply to vessels in sight of one another. Not applicable when other vessel is
detected by radar and risk of collision also exists.
44. Rule 12 Sailing Vessels a) When two sailing vessels are approaching one
another, so as to involve risk of collision, one of them shall keep out of the way of
the other as follows: i. when each has the wind on a different side, the vessel which
has the wind on the port side shall keep out of the way of the other; ii. when both
have the wind on the same side, the vessel which is to windward shall keep out of
the way of the vessel which is to leeward; iii. if a vessel with the wind on the port
side sees a vessel to windward and cannot determine with certainty whether the
other vessel has the wind on the port or on the starboard side, she shall keep out of
the way of the other. b) For the purpose of this Rule the windward side shall be
deemed to be the side opposite to that on which the mainsail is carried or, in the
case of a square-rigged vessel, the side opposite to that on which the largest fore-
and-aft sail is carried.
45. Rule 12 Sailing Vessels Comment Who Sailing Vessels, in sight of one
another When the risk of collision is present What vessel with wind on port
side or the windward vessel has to keep out of the way of the other. Exception
Does not apply when SV overtaking another SV (Rule 13 applied) Cross reference
Rule 5 Lookout Rule 6 Safe Speed Rule 7 Risk of collision Rule 8 Action
to avoid collision Rule 13 Overtaking Rule 34 Manoeuvring and warning
signals
46. Rule 13 Overtaking a) Notwithstanding anything contained in the Rules of part
B, sections I and II, any vessel overtaking any other shall keep out of the way of the
vessel being overtaken. b) A vessel shall be deemed to be overtaking when coming
up with another vessel from a direction more than 22.58 abaft her beam, that is, in
such a position with reference to the vessel she is overtaking, that at night she
would be able to see only the sternlight of that vessel but neither of her sidelights.
c) When a vessel is in any doubt as to whether she is overtaking another, she shall
assume that this is the case and act accordingly. d) Any subsequent alteration of the
bearing between the two vessels shall not make the overtaking vessel a crossing
vessel within the meaning of these Rules or relieve her of the duty of keeping clear
of the overtaken vessel until she is finally past and clear.
47. Rule 13 Overtaking Comment Supersedes all rules of Part B Section I & II
Who Any vessel overtaking another When overtaking (technically defined
within rule) What overtaking vessel keep out of the way of the overtaken
vessel How not explicitly mentioned. Pass at safe distance. Interaction between
vessels to be accounted for. Based on the principle of allocating prime
responsibility to the vessel which will usually be more capable of keeping out of the
way. If no such distinction were made the vessel with the greater ability to take
effective avoiding action would be more likely to wait for the other to keep out of
the way. Cross reference Rule 5 Lookout Rule 6 Safe Speed Rule 7 Risk
of collision Rule 8 Action to avoid collision Rule 17 Action by stand-on vessel
Rule 34 Manoeuvring and warning signals
48. Rule 13 Overtaking Collision in Suez Canal 29 September 2014 Suez
Canal Southbound, off Port Said Colombo Express collided with Maersk Tanjong
Video of collision See at 2:22 after start http://youtu.be/2ktwo-k-onk AIS
recording of collision http://youtu.be/HMV7W0QClkA
49. Rule 13 Overtaking Collision in Singapore Straits Video of collision
https://www.youtube.com/watch?v=FmDybTIxrJc
50. Rule 13 Overtaking Case Law Overtaking vessel duty bound to keep clear -
Baines Hawkins- Moliere (Sir F Jeune, 1893) Diverging vessel, coming from behind
altered to converge and collided held at fault Auriga-Manuel Campos (Brandon
J, 1976) Overtaking Rule applies as per relative geometry of vessels before risk of
collision is apparent - Olympian-Nowy Sacz (Court of Appeal, 1977, Sir David Cairns)
Overtaking (narrow channels or rivers) Ore Chief-Olympic Torch (Brandon J., 1974)
51. Rule 14 Head-on Situation a) When two power-driven vessels are meeting on
reciprocal or nearly reciprocal courses so as to involve risk of collision each shall
alter her course to starboard so that each shall pass on the port side of the other. b)
Such a situation shall be deemed to exist when a vessel sees the other ahead or
nearly ahead and by night she could see the masthead lights of the other in a line
or nearly in a line and/or both sidelights and by day she observes the corresponding
aspect of the other vessel. c) When a vessel is in any doubt as to whether such a
situation exists she shall assume that it does exist and act accordingly.
52. Rule 14 Head-on Situation Comment Who Two power driven vessels
When on reciprocal or nearly reciprocal courses i.e. within 6 degrees of reciprocal
(see technical specification of side lights) What each to alter to starboard No
vessel privileged. Cross reference Rule 5 Lookout Rule 6 Safe Speed Rule
7 Risk of collision Rule 8 Action to avoid collision Rule 16 Action by give way
vessel Rule 34 Manoeuvring and warning signals
53. Rule 14 Head-on Situation Collision in Kiel Canal Video of collision
https://www.youtube.com/watch?v=52z0H1HlHDA Video of damage
https://www.youtube.com/watch?v=7bkSa6qRLU0
54. Rule 15 Crossing Situation 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.
55. Rule 15 Crossing Situation Comment Who Two power driven vessels
When crossing What shall keep out of the way How not mentioned but the
rule states shall, if the circumstances of the case admit, avoid crossing ahead of
the other vessel. Does not apply when one vessel is hampered. Rule 18 applies
then. Cross reference Rule 5 Lookout Rule 7 Risk of collision Rule 8
Action to avoid collision Rule 16 Action by give way vessel Rule 17 Action by
stand-on vessel Rule 34 Maneuvering and warning signals
56. Rule 15 Crossing Situation Case Law Avoid crossing ahead - King Stephen-
Ashton (Sir Gorell Barnes, 1905) Vesse stopped but unerway must comply
Lucania-Broomjield, 1905 Applies in coastal waters too. But, Alcoa Rambler-
Norefjord, 1949, held rule not applicable as stand-on vessel was constantly
changing course. Narrow Channel 2009 Collision HKG CFA case mentioned
earlier Crossing rule separate from Narrow Channel rule - Empire Brent- Stormont
(Willmer J, 1948)
57. Rule 15 Crossing Situation Case Study Samco Europe v MSC Prestige [2011]
EWHC 1580 (Admlty). Kofopoulos, Konstantinos (2011) Admiralty law - Samco
Europe v MSC Prestige [2011] EWHC 1580 (Admlty). Shipping and Trade Law, 11,
(6), 6-8. P&I Newsletter Admiralty Court case summary
http://www.britanniapandi.com/en/news_and_publications/risk- watch/risk-watch-
archive/risk-watch-2012/vol-19-no-1-feb- 2012/index.cfm#a Samco Europe Flag
state investigation report http://www.beamer-
france.org/BanqueDocument/pdf_172.pdf Samco Europe Damage Photographs
http://www.aukevisser.nl/supertankers/part-4/id668.htm
58. Rule 16 Action by give-way vessel Every vessel which is directed to keep out of
the way of another vessel shall, so far as possible, take early and substantial action
to keep well clear.
59. Rule 16 Action by give-way vessel Comment Who Give way vessel
When complying with the rules What take early and substantial action How
not mentioned specifically in this rule but relates to Rule 15 or Rule 18. Cross
reference Rule 5 Lookout Rule 7 Risk of collision Rule 8 Action to avoid
collision Rule 9 Narrow Channel Rule 10 Traffic Separation Schemes Rule 15
Crossing Situation Rule 17 Action by stand-on vessel Rule 18
Responsibilities between vessels Rule 34 Maneuvering and warning signals
60. 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 manoeuvre 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. (b) When, from any cause,
the vessel required to keep her course and speed finds herself so close that collision
cannot be avoided by the action of the give-way vessel alone, she shall take such
action as will best aid to avoid collision. (c) A power-driven vessel which takes action
in a crossing situation in accordance with subparagraph (a)(ii) of this Rule to avoid
collision with another power-driven vessel shall, if the circumstances of the case
admit, not alter course to port for a vessel on her own port side. (d) This Rule does
not relieve the give-way vessel of her obligation to keep out of the way.
61. Rule 17 Action by stand-on vessel Comment All other than paragraph (a) are
new and constitute one of the most fundamental changes in 1972 Regulations. The
Rule does not apply when vessels are not in sight of one another or when no risk of
collision is present. Who Stand-on vessel When when other vessel not taking
appropriate action or too close to collision What action to avoid collision How
not mentioned specifically in this rule but prohibits alteration to port for power
driven vessel. Cross reference Rule 2 Responsibility Rule 5 Lookout Rule 7
Risk of collision Rule 8 Action to avoid collision Rule 15 Crossing Situation
Rule 18 Responsibilities between vessels Rule 34 Maneuvering and warning
signals
62. Rule 17 Action by stand-on vessel Case Law Allowed stand-on vessel to
stop to pick up pilot Windsor-Roanoke, 1908 (Lord Alberstone) Vessel adjusting
compasses - Manchester Regiment-Clan Mackenzie, 1938 (President, Lord Merriman)
held to have been give way vessel Fine crossing - Lok Vivek-Common Venture
(Clarke J, 1995) action too late by Lok Vivek Overtaking from behind -
Koscierzyna-Hanjin Singapore, Court of Appeal (1995) The stand-on vessel should
have taken action
63. Rule 18 Responsibilities between vessels Except where Rules 9, 10 and 13
otherwise require: (a) (PD underway to keep out of NUC, RAM, FV, SV) (b) (SV
underway to keep out of NUC, RAM, FV) (c) (FV underway to keep out of NUC, RAM)
(d) (Vessel other than NUC, RAM not to impede CBD, who must navigate carefully)
(e) (Seaplane to keep clear of all. Comply with COLREG if necessary) (f) (WIG when
landing / taking off, keep clear of all. WIG navigating, comply with COLREG)
64. Rule 18 Responsibilities between vessels Comment Rules 9 (Narrow
Channel), 10 (TSS) and 13 (Overtaking) take precedence over this rule. Straight
forward rule. Categories of vessels defined in per Rule 3 Based on the principle
of allocating prime responsibility to the vessel which will usually be more capable of
keeping out of the way. If no such distinction were made the vessel with the
greater ability to take effective avoiding action would be more likely to wait for the
other to keep out of the way. Two hampered vessels of save category each to
take whatever action necessary Hovercrafts, hydrofoils power driven vessels
within the meaning of rule
65. Part B - General Section III (Conduct of vessels in restricted visibility) Rule 19
Conduct of vessels in restricted visibility
66. Rule 19 Conduct of vessels in restricted visibility (a) This Rule applies to
vessels not in sight of one another when navigating in or near an area of restricted
visibility. (b) Every vessel shall proceed at a safe speed adapted to the prevailing
circumstances and conditions of restricted visibility. A power-driven vessel shall
have her engines ready for immediate manoeuvre. (c) Every vessel shall have due
regard to the prevailing circumstances and conditions of restricted visibility when
complying with the Rules of section I of this part. (d) A vessel which detects by
radar alone the presence of another vessel shall determine if a close-quarters
situation is developing and/or risk of collision exists. If so, she shall take avoiding
action in ample time, provided that when such action consists of an alteration of
course, so far as possible the following shall be avoided: (i) an alteration of course
to port for a vessel forward of the beam, other than for a vessel being overtaken; (ii)
an alteration of course towards a vessel abeam or abaft the beam. (e) Except where
it has been determined that a risk of collision does not exist, every vessel which
hears apparently forward of her beam the fog signal of another vessel, or which
cannot avoid a close-quarters situation with another vessel forward of her beam,
shall reduce her speed to the minimum at which she can be kept on her course. She
shall if necessary take all her way off and in any event navigate with extreme
caution until danger of collision is over.
67. Rule 19 Conduct of vessels in restricted visibility Comment Who vessels
When not in sight; in / near area of restricted visibility What proceed at safe
speed, keep engine ready. How lookout! Presence by Radar alone? Determine
risk of collision or close quarter situation; take avoiding action in ample time.
Certain actions prohibited. Fog signal ahead or cannot avoid close quarter
situation with vessel ahead, slow down or take all way off. Cross reference Rule
3 Definitions Rule 5 Lookout Rule 6 Safe Speed Rule 7 Risk of collision
Rule 8 Action to avoid collision Rule 9 Narrow channels Rule 10 Traffic
separation schemes Rule 35 Sound signals in restricted visibility
68. Rule 19 Conduct of vessels in restricted visibility Case Law Good
seamanship precautions must be taken when you see fog ahead - Gladiator-St Paul
(Sir Gore11 Barnes, 1909) Safe speed / reduction mandated 1961 collision
occurred in dense fog between the Freshfield, at anchor, and the Lady Gwendolen,
proceeding upriver in River Mersey. Master COC supsended in Formal Investigation
in 1962. Owners LL not allowed in Admiraly Court (Hewson J, 1964), same upheld in
Court of Appeal (Sellers LJ, Wilmer LJ) Distance for close quarter situation, Grepa-
Verena (Wilmer LJ, 1961) stated ..must depend upon the size, characteristics and
speed of the ships concerned. a distance measurable in miles rather than in
yards Fog signals abaft vessel should have stopped engines Bremen-British
Grenadier, 1931 Fog signal reported Chusan-Protector (Willmer J, 1955)
Navigate with caution no radar vessel should stop and be certain - Union-Vulcano
(Bateson J, 1928) A/C, fog signal, situation undetermined many cases Oakmore-
Aras (Sir Gorell Barnes, 1906), Wear-Havbris (Hill J, 1925) Thorshovdi-Anna Salen
(Wilmer J, 1954) Miguel de Larrinaga-Hjelmaren (Wilmer J, 1956), Achille Lauro-
Cornelis B., (Wilmer J, 1956), Linde-Aristos (Brandon J, 1969). Take all way off -
Monarch-Jaunty (Wilmer J, 1953)
69. Rule 19 Conduct of vessels in restricted visibility Case Study 08 April 2005
Lykes Voyager collided with Washington Senator off Hong Kong in dense fog
MAIB report
http://www.maib.gov.uk/publications/investigation_reports/2006/lykes_voya
ger_washington_senator.cfm Look out, safe speed, navigation in RV, VHF
communication, mistaken identity.
70. Part C Lights and Shapes (Contains details about lights and shapes, and what
lights and shapes to be displayed depending upon type of vessel) Rule 20
Application Rule 21 Definitions Rule 22 Visibility of Lights Rule 23 Power
driven vessels underway Rule 24 Towing and pushing Rule 25 Sailing vessel
underway and vessel under oars
71. Part C Lights and Shapes (Contd.) Rule 26 Fishing vessels Rule 27 -
Vessels not under command or restricted in their ability to manoeuvre Rule 28
Vessels constrained by their draught Rule 29 Pilot vessels Rule 30 Anchored
vessels and vessels aground Rule 31 Seaplanes Also includes reference to WIG
72. Part D Sound and Light Signals Rule 32 Definitions Rule 33 Equipment
for sound signals Rule 34 Manoeuvring and warning signals Rule 35 Sound
signals in restricted visibility Rule 36 Signals to attract attention Rule 37
Distress signals Directs to Annex IV of the Regulations
73. Part E - Exemptions Rule 38 Exemptions 4 years exemption permitted from
the date of entry into force of these Regulations for certain matters 9 years
exemption permitted from the date of entry into force of these Regulations for
certain matters One particular issue allowed permanent exemption Ships with
such exemptions rare today due to age and regulatory compliance issues with other
matters. e.g. SOLAS and MARPOL requirements.
74. Annexes ANNEX I Positioning and technical details of lights and shapes
ANNEX II Additional signals for fishing vessels fishing in close proximity ANNEX III
Technical details of sound signal appliances ANNEX IV Distress signals Latest
amendment in this part.
75. Amendment to Regulations Amendments Maritime Safety Committee in IMO
Passed as IMO Assembly Resolutions Latest Amendment IMO Resolution A. 1004
(25) Adopted on 29 November 2007 Entry into force on 1 December 2009
76. The regulations are made for seamen to follow and should be interpreted by
the Courts in the same way as seamen would interpret them.
77. Caveat consules! The Koningin Juliana [1974] 2 Lloyd's Rep. 353 Cairns LJ
states The regulations are made for seamen to follow and should be interpreted by
the Courts in the same way as seamen would interpret them. The Crackshot,
(1949) 82 Ll.L.Rep. 594 Willmer J states The second consideration which has
much impressed me is the fact that these by-laws are, after all, made for seamen to
read, and they are, in my judgment, to be construed as a seaman would construe
them. In those circumstances, I thought it was proper to ask the Elder Brethren how
they, as seamen, would understand the words used in the by-law. They have
answered me without any hesitation that in their minds what the by-law means is
that each vessel must keep to the starboard side of the dredged, or maintained,
channel. That is how they, as seamen, would understand that direction.
78. Questions ?
79. Further Information International Maritime Organization www.IMO.org >
About IMO > List of Conventions > COLREG IMO Publication - E904E COLREG
(ISBN 92-801-4167-8) The Merchant Shipping (Distress Signals and Prevention of
Collisions) Regulations 1996 MSN 1781 (M + F) issued by MCA UK Other MSNs,
MGNs, MINs by MCA UK Cockroft AN and Lameijer JNF, A Guide to the Collision
Avoidance Rules For US Waters USCG Navigation Center
( http://www.navcen.uscg.gov/ > Nav Rules ) COLREG Demarcation Lines - Title 33
Code of Federal Regulations part 80
80. Thank You