Page 40 - Collision Avoidance Rules Guide

why he did not resort to binoculars, or some other optical aid, to assist him.
It is difficult, in my view, in any event, to understand why he did not use
binoculars on seeing the approaching Gorm. Apparently he remained behind
closed windows in the wheelhouse. (Mr Justice Hewson, 1961)

Bovenkerk-Antonio Carlos
I find that the Antonio Carlos was at fault for bad look-out in the broadest
sense; namely, faulty appreciation of VHF - information and total absence of
radar look-out. (Mr Justice Brandon, 1973)

Vechtstroom-Claughton
The question of the use that should properly be made of facilities that are
provided is a matter I have discussed with the Elder Brethren, and, if I may
say so, I am in wholehearted agrement with them that these facilities of
radar advice are made and supplied and established for the greater safety of
shipping in general and for greater accuracy in navigation; in fact, this
particular Seacombe radar station was established by one of the feny-
operating corporations itself. We can only presume that it was put there for a
good purpose and to be used in such conditions as prevailed on that morning.
A vessel which deliberately disregards such an aid when available is expos-
ing not only herself, but other shipping to undue risks, that is, risks which
with seamanlike prudence could, and should, he eliminated. As I see it, there
is a duty upon shipping to use such aids when readily available - and when I
say ‘readily available’ I am not saying instantly available - and if they elect
to disregard such aids they do so at their own risk. (Mr Justice Hewson, 1964)

Radar not working properly
There should be no obligation to use radar in restricted visibility
if the set is not functioning properly, provided it can be shown that
there was a genuine fault. Everything possible should be done to
have the set repaired and brought back into use.
In an American case Pocahontas Steamship Company-Esso Amba,
1950, the judge said:
There might well be times when the continued use of radar by a navigator
who was uncertain of the results he was observing and unwilling to place
reliance thereon might well be foolhardy and hazardous.
The radar may have to be temporarily disregarded due to such things
as excessive interference, or even switched off if its continuing use
may damage the set.
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