Page 111 - Collision Avoidance Rules Guide

the beam of the other vessel, The overtaking vessel has the obligation
to keep out of the way until she is finally past and clear.
The lower diagram shows the faster vessel initially approaching
from more than 22.5" abaft the beam of the other at a relatively large
distance (over 5 miles) so that, although the vessels are likely to be
in sight of one another, risk of collision could hardly be considered
to apply as they are on parallel courses. In this case the slower vessel
will be required to keep out of the way if the faster vessel turns on to
a converging course which brings risk of collision.
In doubtful cases the faster vessel should assume the obligation to
keep out of the way if it becomes necessary to turn onto a crossing
course and risk of collision is found to exist.

Baines Hawkins-Moliere
It appears to me that the view taken by the Counsel for the Plaintiffs with
regard to the obligation of an overtaking vessel is, on the whole, a sound
one; that is to say, that when a vessel is an overtaking vessel within the strict
sense of the word, that is, a vessel which is within the area lighted by the
stern light, and then comes, while she is still advancing into a position in
which she sees a side-light, sometimes, if not always, her obligation as an
overtaking vessel to keep out of the way of the other still continues. It is
admitted by the Counsel for Defendants that that would be so if, at the time
of her seeing a side-light, there was risk of collision. I do not see how any
other admission than that could be made, because it would be strange
indeed, if a vessel overtaking came in sight of one of the side-lights, and
then suddenly, when there was risk of a collision, threw on the other the obli-
gation of keeping out of the way. It may, on the other hand, be that, when
there is no risk of collision at the time - if, for example, the vessel comes
within sight of a side-light at a considerable distance -the crossing rule may
come into force; but, in this case, I am satisfied that the facts are such that
one cannot suppose that the obligation of the Moliere, as an overtaking
vessel, was over. (Sir E Jeune, 1893)
In the case of Auriga-Manuel Campos, 1976, Mr Justice Brandon
held that risk of collision did not exist when the Auriga, proceeding
at 15 knots, was bearing more than 22.5" abaft the beam of the
Manuel Campos, proceeding at 12; knots, as the courses were
diverging by 7" and the vessels were shaping to pass abeam at
about 3 miles. The Auriga altered course about 30" to port, in the
process of navigation, when only a few degrees abaft the starboard
beam of the Manuel Campos. It was held that the Crossing Rule
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