Page 158 - Collision Avoidance Rules Guide
P. 158

no rule, and there could be no rule, that the vessel which receives such an
             indication, and thereby has good reason for changing her course should not
             do so. (Lord Morris,  1890)

             Sedgepool-Parth ia
             In the particular conditions and the particular locality where this collision
             happened, it would be impossible  to say that either vessel was wrong for
             altering course to starboard, even though the other vessel was not in sight.
             This was a collision which, upon my findings, occurred in a narrow channel,
             and in those circumstances, I should be very slow to blame a ship which on
             hearing  a  fog  signal  from  another  vessel,  apparently  approaching  in  the
             opposite direction in the same channel, altered her course to starboard in an
             attempt to get more over to her proper side. (Mr Justice Willmer, 1956)
                If  an  alteration  of  course  is made  for another  vessel  which  has
             not been sighted visually, the signals prescribed in Rule 34 must not
             be used.

             Maneuvring to get clear

             When two power-driven  vessels approach one another in fog so that
             each hears the fog signal of the other forward of the beam, without
             having ascertained that there is no risk of collision, it would seem to
             be a minimum requirement that each should stop her engines and run
             off  her way. Of  course  it has not  been  suggested that both  vessels
             should  remain  stopped  until  the  fog  clears.  The  best  plan  would
             probably be for one vessel  to remain stopped, allowing the other to
             manceuvre. However, if one vessel hears the other make a signal of
             two prolonged blasts  she must not assume that the other vessel will
             remain stopped.
                In  the  Achille  Lauro-Cornelis  B.,  previously  referred  to,
             Mr Justice Willmer said:
             As has been pointed out in more than one of the cases cited to me this morn-
             ing, it is wrong to interpret a signal of two long blasts as an invitation. It is
             not an invitation to come on past. It is no more than a means of advertising
             to other shipping the fact that the vessel is stopped.

             If necessary take all way off
             The  courts  have  held  that  vessels  navigating  without  radar  should
             have reversed their engines after hearing a fog signal forward of the
             beam in the following instances:
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