Page 41 - Collision Avoidance Rules Guide

However, the following comment was made in the us Appeal
Court with reference to the above quotation from the judgment on the
Esso Amba:
This does not mean that, in the face of the fact that a properly functioning
radar will give useful and necessary information, the master had a discretion
to decide that it will not give such information and turn off his radar. A mas-
ter has no more discretion to disregard this aid to navigation than he has to
disregard the use of charts, current tables and soundings where the circum-
stances require the use thereof.
If a vessel carries properly functioning radar equipment and she is in or
approaching an area of known poor visibility, there is an affirmative duty to
use the radar. (Judge Medina, 1959)

Use of radar in clear visibility
In American Courts vessels colliding with oil drilling platforms have
been held to be at fault for not using radar at night in clear visibility
when passing through areas where there were known to be numerous
structures which are not always adequately lit. The radar should,
preferably, be kept in use for the purpose of keeping a general look-
out in coastal waters, and other areas where regular traffic is likely to
be encountered, especially at night. Rule 6(b)(vi) refers to the use of
radar for assessing visibility (see page 25).

Visual look-out still necessary

The use of radar does not dispense with the need for a good visual
look-out.

Anneliese-A rietta
One of the matters which will have to be considered is the effect, if any, on this
collision of the Arieffu relying on observation with her relative motion radar
without having apparently any visual look-out at all. That is clearly an important
matter of seamanship, on which we have thought it right to consult our asses-
sors. The question put to them on this occasion was: ‘Was it seamanlike for the
Ar-ieettu to rely on relative motion radar observation only and to have no visual
look-out? and the answer was: ‘No.’ For myself, I accept that answer without
the least hesitation. The use of radar is by no means to be despised, especially
in fog, where it has been described as an extra eye; but the human eye can some-
times see more quickly than radar even in fog, and so is able to appiate the
position in less time than is needed to examine the recordings of a radar. This
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