Page 154 - Collision Avoidance Rules Guide
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when a close quarters situation could not be avoided with a vessel
detected forward of the beam. Although it is no longer mandatory to
stop the engines in such circumstances it may still be prudent to do so.
Any alteration of speed to avoid collision with a vessel not in sight
should be large enough to be readily apparent to another vessel
observing by radar (Rule 8(b)). Stopping the engines may be the most
effective way of bringing the speed down. It may also provide greater
opportunity for hearing the fog signals of the other vessel; this will
have particular application to a vessel without operational radar.
The previous regulations required a vessel to stop her engines
‘so far as the circumstances of the case admit’. This phrase was nec-
essary as it could be dangerous for a vessel proceeding at low speed
to stop her engines and lose steerage way. Rule 19(e) makes no
provision for exceptions. However, a vessel may be justified in main-
taining a speed greater than bare steerage way if the radar indicates
that a close quarters situation is developing with a vessel approach-
ing from just forward of the beam, or very broad on the bow which
is expected to pass astern. The safest action may be to turn away
from the other ship. Rule 2(b) permits departures from the Rules to
be made in special circumstances.
Navigate with extreme caution
The term ‘navigate with caution’ was used in the 1960 and previous
Regulations. For a vessel without operational radar which hears a fog
signal forward at the beam it has generally been interpreted to mean
that the way should at least be run off.
Union-Vulcano
She said that when she heard that whistle she went dead slow, and dead slow
on that ship is accomplished by stopping her engines for a minute and then
going on ahead again, then stopping and then going dead slow ahead, and it is
said that that system of stopping and going dead slow is a compliance with
Rule . . . of stopping engines and navigating with caution in fog. I do not think
that will do. I do not think it was intended to be so. I think that she intended
to go on dead slow. Even if that was the true case, I do not think that stopping
and going on again slow is a compliance with the Rule and to stop and navi-
gate with caution. I think a compliance with the Rule is to stop your engines
and get all the way off your ship for certain, and then go on again if you have
heard a whistle from the other ship; and if you have heard nothing at all I
doubt if you are justified in going on until you do. (Mr Justice Bateson, 1928)
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