Page 145 - Collision Avoidance Rules Guide

The extent of visibility at which it first becomes necessary to
reduce speed will depend upon the speed of the ship, her stopping
power, the traffic in the vicinity and other factors. If the visibility is
less than 5 miles it would be prudent for any vessel to, at least, have
the engines on stand-by as fog can develop rapidly.
A reduction of speed is not necessarily required due to a sudden
onset of a heavy rainstorm. If the visibility was good before the rain
started and the rain is not expected to last long a vessel may be justi-
fied in maintaining speed in the light of the prevailing circumstances.
Radar can be used to indicate the extent and movement of a rainstorm
and to detect large vessels within and beyond the rain area but small
craft may not be detected in heavy rain so the speed should be reduced
if the rainfall is likely to continue for more than a few minutes.
The main factors to be taken into account in determining safe
speed are listed in Rule 6. When the visibility is restricted the other
most important factors will usually be traffic density, own ship’s
manoeuvrability and the efficiency of the radar equipment. In the
open sea, with little or no traffic in the vicinity, a relatively high
speed may be appropriate for the prevailing circumstances and con-
ditions provided a proper radar watch is being kept and the engines
are ready for immediate manceuvre, but even a vessel with good stop-
ping power using a sophisticated collision avoidance system would
not be justified in proceeding at high speed in dense fog through con-
gested waters or areas where small craft and ice are likely to be
encountered.
Some masters may be reluctant to make appreciable reductions of
speed in restricted visibility because of pressure to maintain sched-
ules. The attitude of owners and marine superintendents is likely
to have been affected by decisions of the Courts in The Lady
Gwendolen case.
On the 10th November, 1961, a collision occurred in dense fog
between the Freshfield and The Lady Gwendolen, when the
Freshfield was lying at anchor in the River Mersey. At the Formal
Investigation held in March 1962, it was found that the collision was
solely caused by the wrongful act or default of the master of The
Lady Gwendolen, and his certificate was suspended.
In an action brought before the Admiralty Court in June 1964, the
owners of The Lady Gwendolen sought to limit their liability. It was
held that the owners were guilty of actual fault and were unable to
limit. This judgment was upheld by the Court of Appeal.
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