Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

COLREG 1972, A Presentation

14,245 views

Published on

A presentation on 'The International Convention for Preventing Collisions at Sea 1972' (COLREG 72) to the LLM Maritime Law students at University of Southampton.

Published in: Law
  • Hello! Get Your Professional Job-Winning Resume Here - Check our website! https://vk.cc/818RFv
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here

COLREG 1972, A Presentation

  1. 1. COLREG 1972 Capt. Amarinder Singh Brar LLM Maritime Law (2014-2015), University of Southampton
  2. 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. 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. 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. 5. Structure of COLREG 72 • 38 Rules divided into 5 parts • 4 Annexes containing technical details
  6. 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. 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. 8. COLREGS 72 Rules
  9. 9. Part A - General • Rule 1 - Application • Rule 2 - Responsibility • Rule 3 - Definitions
  10. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 34. Rule 9 – Narrow Channels – The “Willmer test” • Rule 9 DOES NOT define ‘Narrow Channel’. • The Jaroslaw Dabrowski [1952] 2 Lloyd’s 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 Lloyd’s 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. 35. Rule 9 applies or not? Master jailed while the debate continues! KULEMESIN AND ANOTHER v HKSAR [2013] HKCFA 14
  36. 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. 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. 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. 39. Rule 10 – TSS – Collision Case Study USS Porter collided with MOL’s 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 Destroyer’s 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 49. Rule 13 – Overtaking – Collision in Singapore Straits • Video of collision • https://www.youtube.com/watch?v=FmDybTIxrJc
  50. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 65. Part B - General Section III (Conduct of vessels in restricted visibility) • Rule 19 – Conduct of vessels in restricted visibility
  66. 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. 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. 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. Owner’s 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 78. Questions ?
  79. 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. 80. Thank You

×