Page 120 - Collision Avoidance Rules Guide

time to time have to be applied in narrow channels (when, for instance, a
vessel which is crossing the channel has to act in relation to a vessel which
is proceeding up or down the channel), nevertheless, when vessels are
approaching each other, navigating respectively up and down the channel, it
is [Article 251 of the Collision Regulations which applies and applies exclu-
sively. There is no room in such a situation for applying the provisions of the
crossing rule at the same time as the provisions of the narrow channel rule,
because the requirements under the rules are different. I have no hesitation
in saying that as between a vessel coming up and a vessel going down,
approaching each other in that way in a narrow channel like the Mersey, the
narrow channel rule, and the narrow channel rule only, is the rule which has
to be applied. (Mr Justice Willmer, 1948)

Hampered vessels

Rule I5 does not apply to two power-driven vessels crossing so as to
involve risk of collision if one of the power-driven vessels is not
under command, restricted in her ability to manceuvre or engaged in
fishing. Rule 18 applies in such circumstances. An ordinary power-
driven vessel which encounters a vessel in one of the above
categories, crossing so as to involve risk of collision from her own
port side, is required to keep out of the way, but is not required to
avoid crossing ahead. An alteration of course to starboard may be the
best form of avoiding action if there is any doubt as to whether the
other vessel is actually hampered due to the difficulty of recognising
the day signal or lights.
A vessel which is engaged in a towing operation such as severely
restricts the towing vessel and her tow in their ability to deviate from
their course is ‘restricted in her ability to maneuvre’ and is not
required to keep out of the way of a power-driven vessel crossing from
her starboard side, provided she is displaying the lights or shapes pre-
scribed in Rule 27(b). No special privilege is granted to other vessels
engaged in towing which are to be considered as ordinary power-
driven vessels for the purpose of the Steering and Sailing Rules. The
extra lights prescribed for the towing vessel are intended to indicate
the extra length of obstruction to be expected and to give warning that
there is a towing line stretching between the two vessels. A power-
driven vessel which sees a tow on the port bow crossing so as to
involve risk of collision should also take account of possible limi-
tations of manceuvring ability in considering when avoiding action is
permitted by Rule 17(a)(ii) or required by Rule 17(b).
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