Page 38 - Collision Avoidance Rules Guide

was wrong in the circumstances of fog not to have a man on the look-out
forward. She could by those means have obtained information of the
approaching ship 150 feet farther forward in a fog of varying density. I think
that was quite wrong on her part, and no doubt also the faintness of the whis-
tle that she heard is to be attributed to the fact that she had not got a man
properly placed. (Mr Justice Langton, 1933)
The Courts are likely to take into account the number of seamen
available in addition to the state of visibility, probability of meeting
other vessels and other factors when considering the sufficiency of
look-out. No definite rules apply. However, even relatively small
vessels may be expected to have a man posted on look-out duty at
night in busy traffic lanes, or during periods of restricted visibility.

City of Naples
The sufficiency of look-out is a practical matter, and I am not satisfied that
there was any necessity - still less do I think it the province of this House
to lay down a hard and fast rule to that effect - for a special man on the
forecastle to act as a look-out. (Lord Dunedin, 1921)

Spirulity-Thyra
I do not think it is necessary for me to enlarge much more the reasons why this
situation came about. I am satisfied that it came about because a bad look-out
was being kept on board the Spiruhy. I appreciate the fact that she is only a
small vessel which carries a crew of no more than eight hands. It is dangerous
to lay down any absolute rules. All I desire to say - and I desire to say it with
all the emphasis at my command, supported, as I am in this respect by the
advice which I have received from the Elder Brethren - is that in no circum-
stances can it be right for a vessel of the class of the Spirulify to be left with
only one man on deck - a man who had to do everything, control the ship,
keep a look-out, and so forth - for a period which must, as I have said, have
extended for the best part of ten minutes. I am advised by the Elder Brethren
that it would be very difficult for a man in that position, having to keep his
eyes on the compass, to keep the diligent look-out which is required, and
required above all places in the River Thames. (Mr Justice Willmer, 1954)
In the case of Saxon Queen-Monmouthbmok (1954) it was held
that a small vessel with a crew of eleven men should have had a look-
out on the forecastle head. The vessel was navigating without radar
off the north east coast of England in visibility of about 400 metres.
The master, officer of the watch and helmsman were inside the wheel-
house and there was no seaman posted on look-out duty on the bridge.

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