Page 47 - Collision Avoidance Rules Guide

is likewise moving, must cut down that limit of visibility by one-half, and
each boat should be able to stop well within its limits of visibility. (Lord
Justice Scrutton, 1933)

Umbria (United States Supreme Court)
The general consensus of opinion in this country is to the effect that a
steamer is bound to use only such precautions as will enable her to stop in
time to avoid a collision, after the approaching vessel comes in sight, pro-
vided such approaching vessel is herself going at the moderate speed
required by law. (Mr Justice Brown, 1897)
However, it has since been held in the British Courts that this is not
a rule of law (Morris v. Luton Corporation, 1946); each case must
be judged with regard to the existing circumstances and conditions.
The rule might be appropriate for a vessel without radar in areas
where small craft are likely to be encountered but a ship which
is making proper use of radar in the open ocean is not expected to
take all way off when the fog becomes so dense that it is not possi-
ble to see beyond the forecastle head. Half the range of visibility
might even be too large to be an appropriate stopping distance if the
visibility is approximately 1 mile, especially for a vessel without
radar, as this would mean that good stopping power could justify
speeds in excess of 20 knots. Other factors, apart from visibility and
stopping ability, must be taken into account. High speed will give
little opportunity for assessing what action should be taken when a
vessel is sighted or detected at short range.
In a case which came before the High Court of Justice in London
in 1972 (Hagen-BouZgaria) the Elder Brethren were asked to advise
what would be a proper speed for a cargo ship, 135 metres in length
capable of 17 knots, at night, without radar, in the English Channel
where much traffic could be expected, in visibility which for some
time had been about 1 mile. They replied that it would be about 6 to
7 knots. The Elder Brethren were also asked what would be a proper
speed for the other vessel which was using radar in visibility of about
6 cables and they replied that it would be about 8 to 9 knots. The
ship, 108 metres in length, had diesel engines which gave a speed of
13i knots. Their advice, in the second instance, was qualified by say-
ing that even if the vessel concerned had been going at that speed a
further reduction should have been made on running into thick fog
and seeing a close quarters situation developing. In each case the
Judge accepted the advice.

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