Page 157 - Collision Avoidance Rules Guide

Comelis B. was not in a position to know what the Achille Laurn was going
to do in the future. In those circumstances the Elder Brethren advise me that it
was not an act of good seamanship on the part of the master of the Comelis B.
to make this big alteration of course to port, thereby throwing his vessel across
what would probably be the course of the other vessel if the other vessel did
come on again. In other words, by altering on to that northerly heading, the
Comelis B. was making herself about as vulnerable as she could make herself
in the event of the other ship coming on again after being stopped.
A vessel which cannot avoid a close quarters situation with another
vessel detected by radar forward of the beam should also avoid making
a blind alteration of course when the other vessel is at short range and
her course has not been ascertained. In each of the following cases
both vessels altered course on the basis of insufficient radar informa-
tion when in a close quarters situation.

Thorshovdi-Anna Salen
I find that both vessels, although at different times and in different circum-
stances, violated one of the cardinal rules of seamanship by altering course
blindly, without having any precise knowledge of what the other vessel was
doing. (Mr Justice Willmer, 1954)

Linde-Aristos
As regards alterations of course, I have found that both ships altered about
the same time and about the same amount. It was argued for the defendants
that the Linde was in better case because she altered to starboard rather than
to port. I cannot see this. I have been advised by the Elder Brethren that any
alteration of course at the time made, namely, before sighting, and without
the course of the other ship having been properly ascertained, was unsea-
manlike. I accept that advice. I cannot see that there is any significant dif-
ference between the two ships in this respect. (Mr Justice Brandon, 1969)

Alterations of course are not always condemned by the Courts. An
alteration may be justified if a sufficient number of fog signals, or
radar observations, have given a reasonable indication of the position
and movement of the other vessel.

Vindomora-Haswell
At the same time it appears also to me to be a principle of common sense
and good seamanship that when two vessels are near together in a fog, and
the one receives a sufficient indication of the position of the other, there is
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