Page 31 - Collision Avoidance Rules Guide

given the same degree of privilege as vessels not under command but
they show different lights and shapes.
It could be argued that adverse weather conditions are not really
exceptional and that a vessel would not, therefore, be justified in
showing not under command signals when unable to manceuvre in
rough seas.
At the 1972 Conference it was considered that adverse weather
conditions seriously affecting a vessel’s ability to manceuvre would be
exceptional circumstances. However, the fact that a vessel’s ability to
manceuvre is affected by weather conditions does not necessarily mean
that she is not under command. The conditions must be so exceptional,
with respect to the particular vessel, as to render her unable to keep out
of the way of another vessel by alteration of course and/or speed in
order to justify the showing of not under command signals.
In addition to vessels which have had a breakdown of engines or
steering gear, or which have lost a propeller or rudder, examples of
vessels which are likely to be accepted as being not under command
under the 1972 Rules are: a vessel with her anchor down but not
holding, a vessel riding to anchor chains with anchors unshackled,
and a sailing vessel becalmed.
In the case of Glamorgan-I! Caland, 1893, it was held in the
House of Lords that the l? Culund was not justified in exhibiting the
not under command lights. The speed of the I? Culund had been
reduced from 11 knots to about 4 to 5 knots by an accident to the
machinery. The Glamorgun, seeing the red lights but not the side
lights of the F! Caland, steamed towards her to offer assistance and
collided with her. Lord Herschel, the Lord Chancellor, said:

Under these circumstances I cannot hold that, owing to the disablement of the
machinery, the risk of its ceasing to work was so imminent that the vessel can
be said not to have been under command within the meaning of the Rule.

Mendip Range-Drake
If a vessel is in such a condition owing to an accident that she can only get
out of the way of another after great and unusual delay, I think she must be
considered as ‘not under command’ for the purpose of Article . . . She is not
able to behave as those on board other vessels meeting her would reasonably
expect. (Viscount Finlay, 1921)
In 1969 a collision occurred in the Dover Strait during bad weather
conditions between the Ziemia and the Djeruda. The Djerudu,

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