Page 125 - Collision Avoidance Rules Guide

Keep course and speed
A vessel which is required to keep her course and speed does not
necessarily have to remain on the same compass course and maintain
the same engine revolutions.
In the Windsor-Roanoke, 1908, both vessels were bearing down
on the Rotterdam pilot boat, on crossing courses, when the Roanoke,
while signalling for a pilot, stopped her engines to take the pilot on
board. Although the Roanoke was the stand-on vessel, she was held
to be justified in her manaeuvre, as the other vessel should have
known what she was doing. Lord Alberstone said:
In my judgment, ‘course and speed’ mean course and speed in following the
nautical manceuvre in which, to the knowledge of the other vessel, the vessel
is at the time engaged. It is not difficult to give many instances which sup-
port this view. The ‘course’ certainly does not mean the actual compass
direction of the heading of the vessel at the time the other is sighted. . . . A
vessel bound to keep her course and speed may be obliged to reduce her
speed to avoid some danger of navigation, and the question must be in each
case, ‘is the manceuvre in which the vessel is engaged an ordinary and
proper manceuvre in the course of navigation which will require an alter-
ation of course and speed; ought the other vessel to be aware of the manaeu-
vre which is being attempted to be carried out?’.
In the Manchester Regiment-Clan Mackenzie, 1938, both vessels
were heading in the same direction at a distance of two to three miles
from each other, when the one ahead, which was adjusting com-
passes, swung about eight points to starboard, bringing the other on
to her starboard bow. It was held that the Rules were not applicable
at the time of the alteration, so that the vessel adjusting compasses
was the give-way vessel. With reference to the adjusting of com-
passes, the President, Lord Merriman, said:
In my opinion, if I were to hold that the manceuvres convenient for adjust-
ing compasses are in the same category as the recognised nautical manceu-
vre of picking up a pilot, I should be tearing up the Steering and Sailing
Rules without the slightest warrant.

May take action
Rule 21 of the 1960 Regulations required the stand-on vessel to keep
her course and speed until collision could not be avoided by the
give-way vessel alone. At that precise moment action was made
compulsory. This requirement imposed a mandate on the stand-on
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