Page 130 - Collision Avoidance Rules Guide

held partly to blame as she altered course only 20" to starboard when
the vessels were about two miles apart. Mr Justice Clarke said:
It is not suggested that the time had come for action to be taken under Rule
17(b) when the ships were two miles apart. It is, however, said that action
was permitted under Rule l'l(a)(ii) because it had by then become apparent
that YMariner was not taking appropriate action as the give-way ship under
Rule 15. In these circumstances I have asked the Elder Brethren whether that
time had come on the facts found above and, if so, what action should have
been taken. They have advised me that the time had come when it was per-
missible to take action, but that the action taken was not sufficient. They
have further advised me that the action which should have been taken was a
bold alteration of course accompanied by an equally bold reduction in speed
and the appropriate sound signal to indicate action being taken. In this case,
if action was taken, a 40" alteration of course to starboard, one short blast
and action to stop engines was necessary in view of the highly dangerous
close-quarters situation that had been allowed to develop. I accept that
advice. It follows that the Angelic Spirit was at fault for failing to take proper
action and for taking insufficient action instead.
In the Lok Vivek-Common Venture, 1995, the Lok Vivek was held
to be the stand-on vessel in a fine crossing situation. In considering
whether the Lok Vivek was partly to blame and, if so, to what extent,
Mr Justice Clarke said:

The Lok Vivek went hard to starboard when the vessels were less than a mile
apart. The question is whether she should have taken any other action and if
so when. I have asked the Elder Brethren to assume the following facts. The
vessels were approaching at similar speeds of 12.5 to 13 knots. They were
crossing at an angle of 8" with the Common Venture bearing, say, 5" on the
port bow of the Lok Vivek. On those assumptions I have asked the Elder
Brethren what if any action the Lok Vivek should have taken as a matter of
good seamanship in the light of Rule 17 of the regulations. They have
advised me as follows.

1. When the Common Venture was distant about 2 to 3 miles, the Lok
Vivek should have made a bold alteration of course to starboard as permitted
by Rule 17(a)(ii) of the regulations.
2. When the Common Venture was distant about a mile, the Lok Vivek
should have put her engines full astern and her wheel hard to starboard in
accordance with Rule 17(b) of the regulations.

I accept that advice. I observe in this connection that the time referred to in
paragraph 1 above was about the time that the second officer was trying to
contact the Common Venture by VHF because he was worried that she was

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