Page 154 - Collision Avoidance Rules Guide
P. 154

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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