Page 57 - Collision Avoidance Rules Guide

The radiotelephone has been proved to be of value in the Great
Lakes and other areas where the number of collisions per year has
shown a marked decrease since pilots started to use the equipment.
In rivers, canals and inland waters it is possible to ensure that all
ships are supplied with suitable radiotelephone equipment which can
be used by pilots familiar with an agreed procedure and speaking the
same language. Identification of other vessels is facilitated by refer-
ence to navigation marks and by communication with the shore radar
station or the controlling authority.
In international waters radiotelephony is occasionally used to
advantage, but the difficulties of identifying an approaching vessel
from other vessels in the vicinity and of communicating with a vessel
of different nationality place severe limitations on its use. The con-
fusion which might occur in an attempt to communicate with an
unidentified vessel, approaching rapidly with no appreciable change
of compass bearing, could be a contributory cause of collision. These
problems may eventually be overcome and there is little doubt that
the use of the radiotelephone for the purpose of collision avoidance
will be of increasing importance in the future.
The United Kingdom Government has issued a Marine Guidance
Note (MGN 167) to draw the attention of mariners to the risks
involved when VHF radio is used as a collision avoidance aid. The
Notice stresses the problems of identification and communication
and makes the point that valuable time may be wasted in attempting
to make radio contact instead of concentrating on the assessment of
collision risk and the need for action. Reference is also made to the
further danger of proposing, by VHF radio, to take action which is not
in compliance with the Collision Regulations.

AngeBc Spirit-Y Mariner
I accept the evidence of the master and the third officer of Angelic Spirit that
the master attempted to contact Y Mariner by VHF. The third officer of
Y Mariner said in his statement that he tried to contact Angelic Spirit. He
may have made some effort to do so, but if he did, it was ineffective. I do
not, however, think that either ship’s efforts to contact the other by VHF
affect liability for the collision. It has been emphasised many times that
ships should be navigated by reference to the Collision Regulations and not
by VHF. (Mr Justice Clarke, 1994)
Vessels have often been criticised by the Courts in the United
Kingdom and elsewhere for the misuse of VHF but it has also been
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