Page 69 - Collision Avoidance Rules Guide

excuse for failure to comply with the Collision Regulations. (Mr Justice
Sheen, 1993)
Rule 8(a) does not give a vessel which is initially required to keep
her course and speed the right to take action at an early stage.
Rule 17(a)(ii) only permits such a vessel to manceuvre when it
becomes apparent that the give-way vessel is not taking appropriate
action. The stand-on vessel would probably not be justified in taking
action to avoid collision before giving the whistle signal prescribed
in Rule 34(d) (see page 108).

(b) Large enough to be readily apparent
Paragraph (b), combines, in mandatory form, Recommendations 7
and 5(a) of the Annex to the 1960 Rules but the application is
extended to vessels in sight of one another which may not be using
radar. The phrase 'if the circumstances of the case admit' is incorpo-
rated in the text to provide for situations in which large alterations
cannot be made due to lack of sea room or other causes.
The need for substantial action has often been stressed in the
Courts, for vessels in sight of one another as well as for vessels in
restricted visibility.

Billings Victory-Warren Chase
I do not think it really needs repetition, because it has been said over and
over again in this Court that the duty of the give-way vessel is to take timely
action to keep clear. Moreover, it is her duty to act, if I may use the expres-
sion, handsomely, so as to leave the stand-on vessel in no possible doubt as
to what the give-way vessel is doing. If her method of giving way is to alter
course, she ought to make a substantial alteration, and ought to be particu-
larly careful to signify that alteration by the appropriate helm signal. It may
be said in this case that she could not safely make such an alteration of
course because she was embarrassed by the presence of the pilot cutter. In
that event, she would choose another method of keeping clear, by making a
drastic reduction of her speed. Again, a sufficient alteration in her speed
would leave the stand-on vessel in no doubt as to what she was doing.
(Mr Justice Willmer, 1949)
In restricted visibility alterations of course and speed should be
substantial so that they may be readily apparent to another vessel
observing by radar. An alteration of course should be at least 30" for
this purpose, and should preferably be of the order of 60" to 90".

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