Anda di halaman 1dari 87

COLREG 1972

COLREG - 1960 to 1972 Regulations


By 1965 it was felt necessary for a thorough revision to
take account of developments in navigation such as:
the widespread acceptance and use of radar,
the introduction of traffic separation, and
the increase in size and speed of many ships.
In October 1972, a conference was held which brought
in substantial changes and a new format to the
Regulations.

COLREG 1972 - Introduction


Convention on International Regulation
Collisions at Sea, 1972, as amended.

for

Preventing

Adopted - 20 Oct 1972; Entered in force - 15 July 1977


Replaces COLREGS 1960 which entered in force with the
SOLAS Convention at that time.
Amended in 1981, 1987, 1989, 1993, 2001, 2007
Also known as 'Rules of the Road', often abbreviated to ROR.

Structure of COLREG 72
38 Rules divided into 5 parts
Part A General (rule 1-3)
Part B - Steering and Sailing Rules (4-19)
Section I - Conduct of vessels in any condition of visibility(4-10)
Section II - Conduct of vessels when in sight of one another(1118)
Section III - Conduct of vessels in Restricted Visibility(19)

Part C - Lights and Shapes(20-31)


Part D - Sound and Light Signals(32-37)
Part E Exemptions(38)

Annexes of COLREG 72
Four Annexes. Namely:
Annex 1 - Positioning and technical details of lights
and shapes
Annex 2 - Additional signals for FV fishing in close
proximity
Annex 3 - Technical details of sound signaling
appliances
Annex 4 - Distress Signals

COLREGS 72 Rules

Part A - General
Rule 1 - Application
Rule 2 - Responsibility
Rule 3 - Definitions

(a) These rules shall apply to all vessels upon the high seas and
in all waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of


special rules made by an appropriate authority for roadsteads,
harbours, rivers, lakes, or inland waterways connected with
the high seas and navigable by seagoing vessels. Such special
rules shall conform as closely as possible to these Rules.

A roadstead is a body of water sheltered


from rip currents, spring tides or ocean
swell outside a harbor where ships can
lie reasonably safely at anchor without
dragging or snatching while waiting for
their turn to enter a port of call.

Local authorities can make local navigation


rules. Should be similar to these rules.
e.g. Inland rues in United States of America

(c) Nothing in these Rules shall interfere with the operation of any special rule made by
the government of any State with respect to additional station or signal lights, shapes or
whistle signals for ships of war and vessels proceeding under convoy, or with respect to
additional station or signal lights or shapes for fishing vessels engaged in fishing as a
fleet. These additional station or signal lights, shapes or whistle signals shall, so far as
possible, be such that they cannot be mistaken for any light, shape, or signal authorised
elsewhere under these Rules.
Note:
Special rule can be made by the government of
any State for specific lights or signal.
e.g. Special signal requirement in the Straits of
Singapore

(d) Traffic separation schemes may be adopted by the


Organization for the purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of any
special construction or purpose cannot comply with the provisions of any of these Rules
with respect to the number, position, range, or arc of visibility of lights or shapes, as well
as to the disposition and characteristics of sound-signalling appliances, such vessel shall
comply with such other provisions in regard to the number, position, range or arc of
visibility of lights or shapes, as well as to the disposition and characteristics of soundsignalling appliances, as her Government shall have determined to be the closest
possible compliance with these Rules in respect of that vessel.

Exceptions allowed based upon


specific nature of work or
construction of particular vessel.
e.g. Navigation lights on Aircraft
Carriers and submarines.

Rule 2 - Responsibility
(a) Nothing in these Rules shall exonerate any vessel, or the owner,
master or crew thereof, from the consequences of any neglect to
comply with these Rules or of the neglect of any precaution which
may be required by the ordinary practice of seamen, or by the
special circumstances of the case.

Rule 2 - Responsibility
(b) In construing and complying with these rules due regard shall
be had to all dangers of navigation and collision and to any
special circumstances, including the limitations of the vessels
involved, which may make a departure from these rules
necessary to avoid immediate danger.

Rule 2 Responsibility - Comment


Rule 2 is sometimes referred to as the "General Prudential" rule.
Mariner has two fold duty:
1. To comply with rules, and
2. To prevent collision.

Overall intent to minimise actual collision taking place rather


than rule compliance.
A departure is only permitted when there are special
circumstances and there is immediate danger.
The departure must be of such a nature as to avoid the danger
which threatens.

Rule 3 Definitions (Excerpt)


(a) The word vessel includes every description of water craft, including nondisplacement craft, wing-in-ground-effect (WIG) vehicle, and seaplanes, used or
capable of being used as a means of transportation on water.

non-displacement craft (those that are


supported by the dynamic lift of hydrofoils
or other lifting surfaces, such as planing
hulls), and seaplanes.

(b) The term "power-driven vessel"


means any vessel propelled by
machinery.

(d) The term "vessel


engaged in fishing" means
any vessel fishing with nets,
lines, trawls or other fishing
apparatus which restrict
manoeuvrability, but does not
include a vessel fishing with
trolling lines or other fishing
apparatus which do not

(c) The term "sailing vessel" means any


vessel under sail provided that propelling
machinery, if fitted, is not being used.

(e) The word "seaplane" includes any


aircraft designed to manoeuvre on the
water.

(g) The term "vessel restricted in


her ability to manoeuvre" means
a vessel which from the nature of her
work is restricted in her ability to
manoeuvre as required by these Rules and
is therefore unable to keep out of the way of
another vessel.

(f) The term "vessel not under command" means a


vessel which through some exceptional circumstance
is unable to manoeuvre as required by these Rules
and is therefore unable to keep out of the way of
another vessel.

(h) The term "vessel


constrained by her
draught" means a
power-driven vessel
which, because of her
draught in relation to the
available depth and
width of navigable water,
is severely restricted in
her ability to deviate
(i) The word
from the course
"underway"
meansshe is
following.
that
a vessel is not at
anchor, or made fast to
the shore, or aground.

(k) Vessels shall be deemed to be


in sight of one another only
when one can be observed
visually from the other.

(l) The term "restricted visibility" means


any condition in which visibility is
restricted by fog, mist, falling snow, heavy
rainstorms, sandstorms, or other similar
causes.

(m) The term "Wing-In-Ground (WIG) craft" means a multimodal craft which,
in its main operational mode, flies in close proximity to the surface by utilising
surface-effect action.

Part B General
Section I (Conduct of vessel in any condition of
visibility)
Rule 4 Application
Rule 5 Lookout
Rule 6 Safe Speed
Rule 7 Risk of Collision
Rule 8 Action to Avoid Collision
Rule 9 Narrow Channels
Rule 10 Traffic Separation Schemes

Rule 5 Lookout
Every vessel shall at all times maintain a proper look-out
by sight and hearing as well as by all available means
appropriate in the prevailing circumstances and
conditions so as to make a full appraisal of the situation
and of the risk of collision.

Rule 5 Lookout Comment


Who every vessel
When at all times
What proper lookout
How all available means.
New equipment ?

Intention
1. for a proper appraisal of the situation, and
2. risk of collision

Rule 5 Lookout Case Law


Duty of lookout Shakkeborg v Wimbledon Report every material light
(Bargrave Dean J, 191 1)
Binoculars - Gorm-Santa Alicia (Hewson J, 1961)
Faulty appreciation of VHF and absence of radar lookout - Bovenkerk-Antonio
Carlos (Brandon J, 1973)
Readily available radar, failure to use - Vechtstroom-Claughton (Hewson J,
1964)
Radar not working - Pocahontas Steamship Company-Esso Amba
(American Case, 1950)
CA comment - Properly working radar, duty to use in RV (Judge Medina, 1959)

Visual lookout necessary - Anneliese-Arietta (Kaminski LJ, 1970)


Full appraisal of situation - Staffordshire-Dunera (Willmer J, 1948)
Anchor watch - Gerda Toft-Elizabeth Mary (Willmer J, 1953)

Rule 5 Lookout Recent Collision

31 October 2014 - Early hours - Open Seas - Middle of Ocean


http://www.thehindu.com/news/cities/Visakhapatnam/navy-ship-suff
ers-minordamage-in-collision/article6552939.ece

Rule 6 Safe Speed (Excerpt)


Every vessel shall at all times proceed at a safe speed
so that she can take proper and effective action to
avoid collision and be stopped within a distance
appropriate to the prevailing circumstances and
conditions..
Additionally, it states factors to be taken into account by
all vessels;
And, further factors to be taken into account by vessels
with operational radar.

Rule 6 Safe Speed Comment


Who every vessel
When at all times
What proceed at a safe speed
How take all factors into account. Additional for
vessels with operating radar
Intention
1. Proper and effective action to avoid collision,
2. Be stopped at an appropriate distance

Rule 6 Safe Speed Case Law


At all times - Kurt Alt-Petrel (Hewson J, 1962)
Proper and effective action - Ring-Orlik (Sir Jocelyn Simon, President
of the Court, 1964
Within a distance appropriate - Glorious-Florida (Scrutton LJ, 1933)
Radar, continuous watch - Norefoss-Fina Canada (Hewson J, 1962)
Radar, inferences - Niceto de Larrinaga-Sitala (Hewson J, 1963)
Radar, range scale, LR scanning - Nassau-Brott (Hewson J, 1963)
Radar, interference 1979 collision in a squall between Atlantic
Empress and Aegean Captain inquiry at Greece held both vessels
responsible no proper use of radar and excessive speed

Rule 7 Risk of Collision


(a) Every vessel shall use all available means appropriate to the prevailing
circumstances and conditions to determine if risk of collision exists. If there is any
doubt such risk shall be deemed to exist.
(b) Proper use shall be made of radar equipment if fitted and operational, including
long-range scanning to obtain early warning of risk of collision and radar plotting or
equivalent systematic observation of detected objects.
(c) Assumptions shall not be made on the basis of scanty information, especially scanty
radar information.
(d) In determining if risk of collision exists the following considerations shall be among
those taken into account:
(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not
appreciably change;
(ii) such risk may sometimes exist even when an appreciable bearing change is evident,
particularly when approaching a very large vessel or a tow or when approaching a vessel at
close range.

Rule 7 Risk of Collision Comment


Who every vessel
When at all times
What determine risk of collision
How use all available means
Talks about use of radar, how to use
Caution when close to other vessels.

Cross reference
Rule 5 Lookout
Rule 34 Manoeuvring and warning signals
Rule 35 Sound signals in restricted visibility

Rule 7 Risk of Collision Case Law


Banshee-Kildare (Esher L, 1887)
Now at what period of time is it that the Regulations begin to apply to two ships?
It cannot be said that they are applicable however far off the ships may be.
Nobody could seriously contend that if two ships are six miles apart the
Regulations for Preventing Collisions are applicable to them. They only apply at
a time, when, if either of them does anything contrary to the Regulations, it will
cause danger of collision. None of the Regulations apply unless that period of
time has arrived. It follows that anything done before the time arrives at which
the Regulations apply is immaterial, because anything done before that time
cannot produce risk of collision within the meaning of the Regulations.
Navigate by COLREG and not VHF - Angelic Spirit-Y Mariner (Clarke J, 1994)
Stated that VHF Communication allowed to inform other ship in order to reduce
risk - Mineral Dampier - Hanjin Madras [2001] EWCA Civ 1278 (Phillips LJ)

Rule 8 Action to Avoid Collision


(a) Any action taken to avoid collision shall be taken in accordance with the Rules of this Part and shall, if the circumstances
of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to
be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or
speed should be avoided.
(c) If there is sufficient sea-room, alteration of course alone may be the most effective action to avoid a close-quarters
situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.
(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The
effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.
(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way
off by stopping or reversing her means of propulsion.
(f) (i) A vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel shall,
when required by the circumstances of the case, take early action to allow sufficient sea-room for the safe passage of the
other vessel.
(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if
approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action
which may be required by the Rules of this Part.
(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with the Rules of this Part when the
two vessels are approaching one another so as to involve risk of collision

Rule 8 Action to Avoid Collision


Comment
Action to be with due regard rules of this section, ample time, positive
Action to be large enough to be readily apparent visual or radar
Action should result in safe passing observe while in progress
If necessary, Slow down or stop use means of propulsion
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
6 Safe Speed
7 Risk of Collision
18 Responsibilities between vessels
34 Manoeuvring and warning signals
35 Sound signals in restricted visibility

Rule 8 Action to Avoid Collision


Case Law
IMO SN Circ. 226 issued in Dec 2002 - Dangers of
conflicting action in collision avoidance
No excuse not to follow COLREGS - Maloja 11-John M
(Sheen J, 1993)
Substantial, readily apparent - Billings VictoryWarren Chase (Willmer J, 1949)
Small alterations collision - British Aviator-Crystal
Jewel 1964

Rule 9 Narrow Channels


(a) A vessel proceeding along the course of a narrow channel or fairway shall
keep as near to the outer limit of the channel or fairway which lies on her
starboard side as is safe and practicable.
(b) A vessel of less than 20 m in length or a sailing vessel shall not impede the
passage of a vessel which can safely navigate only within a narrow channel
or fairway.
(c) A vessel engaged in fishing shall not impede the passage of any other
vessel navigating within a narrow channel or fairway.
(d) A vessel shall not cross a narrow channel or fairway if such crossing
impedes the passage of a vessel which can safely navigate only within such
channel or fairway. The latter vessel may use the sound signal prescribed in
Rule 34(d) if in doubt as to the intention of the crossing vessel.
(e) (i) In a narrow channel or fairway when overtaking can take place only if the
vessel to be overtaken has to take action to permit safe passing, the vessel

Rule 9 Narrow Channels (Contd.)


(ii) This Rule does not relieve the overtaking vessel of her obligation under
Rule 13.
(f) A vessel nearing a bend or an area of a narrow channel or fairway where
other vessels may be obscured by an intervening obstruction shall navigate
with particular alertness and caution and shall sound the appropriate signal
prescribed in Rule 34(e).
(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in
a narrow channel.

Rule 9 Narrow Channels


Comment
Who Ships in narrow channel
When Proceeding along the course of narrow channel or fairway
What Keep to starboard. Avoid anchoring. Make sound signals as prescribed.
Miscellaneous FV not to impede. Vessel not to cross narrow channel impeding
other vessel inside the narrow channel. Overtaking after permission.
Cross reference

Rule 5 Lookout
Rule 6 Safe Speed
Rule 7 Risk of Collision
Rules in Part B Section II (Navigation in sight of one another)
Rule 34 Manoeuvring and warning signals
Rule 35 Sound signals in restricted visibility

Rule 9 Narrow Channels Case


Law
Passage 2 nautical miles wide held narrow channel Anna SalenThorshovdi, 1954
Passage 1.2 nautical miles wide not held narrow channel - Faith I Independence (US Court, 1992)
Vessels criticized for not using radar - British Tenacity-Minster (Hewson J ,
1953)
Vessel entering narrow channel not mentioned in rules - Canberra Star-City
of Lyons (Hewson J, 1962) stated Vessels already in it, as well as those about
to enter it, should behave reasonably. It does not appear to me that the vessel
in the channel has a complete right of way, and she must not hog the river
regardless of the reasonable aspirations of other vessels.
Tides - Burton-Prince Leopold de Belgique (Sir Gore11 Barnes, 1908)
Bends and tides - Trevethick-Talabot (Butt J, 1890)

Rule 9 Narrow Channels The


Willmer test
Rule 9 DOES NOT define Narrow Channel.
The Jaroslaw Dabrowski [1952] 2 Lloyds Rep 20 at page 26, Sir Gordon Willmer
(then Willmer J ) states
What Mr. Justice Langton {in The Varmdo [1940] P.15} was in effect saying in
his judgment in that case was that a narrow channel within the rule is that
which by the practice of seamen is treated, and necessarily treated, as a narrow
channel...
This suggests that the legal test (the Willmer test) for determining
whether a channel is a narrow channel where Rule 9 applies is how
seamen in fact navigate in the locality.
The Anna Salden [1954] 1 Lloyds Rep 475, Willmer J. said at page 487 that the
Elder Brethren advised him that it would not be possible to define what was the
channel for the purposes of the narrow channel rule.

Rule 9 applies or not?


Master jailed while the debate continues!
KULEMESIN AND ANOTHER v HKSAR [2013] HKCFA 14

Rule 9 Narrow Channels Video


Yacht v/s supertanker in our backwaters
http://youtu.be/_tUoUxzt9sI

News coverage
http://www.bbc.co.uk/news/uk-england-hampshire-24670515
http://www.theguardian.com/uk-news/2013/oct/25/skipper-fine
d-cowes-week-collision

Rules 1, 2, 5, 9

Rule 10 Traffic Separation


Schemes
(a) This Rule applies to traffic separation schemes adopted by the Organization and does not relieve
any vessel of her obligation under any other rule.
(b) (Duties of vessel joining, navigating and leaving a TSS)
(c) (Crossing a TSS)
(d) (Navigation in Inshore Traffic Zone)
(e) (Exception)
(f) (Exercise caution when navigating nearby)
(g) (Attempt to avoid anchoring in a TSS or near its terminations)
(h) (Not using TSS ? Keep well away)
(i) (FV not to impede any vessel in TSS)
(j) (Vessel of L<20m and SV not to impede PD in TSS)
(k) (RAM exempted as necessary for maintenance of safety of navigation)
(l) (RAM excepted for laying under water cables etc in TSS)

Rule 10 TSS Comment


IMO Resolution A.572(14) General Provisions on Ship Routeing
Rule 10 mandatory in IMO adopted TSS.
A government may also recommend the use of traffic separation schemes in international
waters off its coast, without having submitted such schemes to IMO for adoption. (e.g. off coast
of Japan).
No exemption for FV in TSS.
Crossing mandatory at a heading right angles to traffic lane.
Cross reference

Rule 3 Definition of TSS


Rule 5 Lookout
Rule 6 Safe Speed
Rule 7 Risk of Collision
Rule 8 Action to avoid collision
Rules in Part B Section II (Navigation in sight of one another); or Section III (Navigation in restricted visibility)
Rule 34 Manoeuvring and warning signals; or Rule 35 Sound signals in restricted visibility

Rule 10 TSS Collision Case Study


USS Porter collided with MOLs M/T Otowasan
12 August 2012 Collision occurred in straits of Hormuz
NBC News http://worldnews.nbcnews.com/_news/2012/08/12/13242239-us-navy-ship-collides-with-oil-tanker-in-g
ulf?lite
The Guardian - http://www.theguardian.com/world/2012/aug/12/navy-destroyer-uss-porter-damaged

14 May 2013 - US Destroyers bridge audio recording


http://archive.navytimes.com/article/20130514/NEWS/305140001/Hear-audio-Chaos-bridge-before-bru
tal-ship-collision
http://gcaptain.com/intense-bridge-conversation-porter/

August 2014 Volts Shipping Navigation S.A. sues United States of America
Citing violation of Rules 2, 5, 6, 7, 8, 10, 14, 15, and 16, of the International Regulations
for Preventing Collisions at Sea 1972 (COLREGS) and their otherwise negligent
navigation and manning of the vessel
08 August 2014 in New York http://dockets.justia.com/docket/new-york/nysdce/1:2014cv06333/431052
11 August 2014 in Virgina http://dockets.justia.com/docket/virginia/vaedce/2:2014cv00401/307898

Rule 10 TSS Grounded Ship


Video
What may happen if you move out of the TSS lane
https://www.youtube.com/watch?v=wnUWtIpSMH8

Rule 10 TSS Case Law


1986 Sail training vessel De Eendrucht, fitted with auxillary engine but
propelled under sails only, crossed at a different heading to prevent
uncontrolled gybing. OOW prosecuted in Ansterdam for non compliane of
Rule 10 (c) because he failed to use the Auxillary engine to achieve a rightangled crossing.
1973, a collision between the American Aquarius and the Atlantic Hope in a
non-IMO-adopted but nationally declared TSS held in the United States
Court of Appeals that the TSS had not attained the status of a custom and
that the action of the American Aquarius in proceeding in the wrong
direction in the traffic lane could not be fairly characterised as a failure to
conform with good seamanship.
Crossing to join - Century Dawn-Asian Energy (Clarke J, 1994) obligation
under rule 10 (c) paramount even if crossing to join.

Part B - General
Section II (Conduct of vessels in sight of one another)
Rule 11 Application
Rule 12 Sailing Vessels
Rule 13 Overtaking
Rule 14 Head-On Situation
Rule 15 Crossing
Rule 16 Action by Give Way Vessel
Rule 17 Action by Stand On Vessel
Rule 18 Responsibilities

Rule 11 Application
Rules in this section apply to vessels in sight of one another.

Comment
Rule 3(k) states that vessels shall be deemed to be in sight
of on another only when one can be observed visually from
the other in this section apply to vessels in sight of one
another.
Not applicable when other vessel is detected by radar and
risk of collision also exists.

Rule 12 Sailing Vessels


a) When two sailing vessels are approaching one another, so as to involve risk
of collision, one of them shall keep out of the way of the other as follows:
i.
ii.
iii.

when each has the wind on a different side, the vessel which has the wind on the
port side shall keep out of the way of the other;
when both have the wind on the same side, the vessel which is to windward shall
keep out of the way of the vessel which is to leeward;
if a vessel with the wind on the port side sees a vessel to windward and cannot
determine with certainty whether the other vessel has the wind on the port or on the
starboard side, she shall keep out of the way of the other.

b) For the purpose of this Rule the windward side shall be deemed to be the
side opposite to that on which the mainsail is carried or, in the case of a
square-rigged vessel, the side opposite to that on which the largest foreand-aft sail is carried.

Rule 12 Sailing Vessels Comment


Who Sailing Vessels, in sight of one another
When the risk of collision is present
What vessel with wind on port side or the windward vessel has to keep out of
the way of the other.
Exception Does not apply when SV overtaking another SV (Rule 13 applied)
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
6 Safe Speed
7 Risk of collision
8 Action to avoid collision
13 Overtaking
34 Manoeuvring and warning signals

Rule 13 Overtaking
a) Notwithstanding anything contained in the Rules of part B, sections I and II,
any vessel overtaking any other shall keep out of the way of the vessel being
overtaken.
b) A vessel shall be deemed to be overtaking when coming up with another
vessel from a direction more than 22.58 abaft her beam, that is, in such a
position with reference to the vessel she is overtaking, that at night she would
be able to see only the sternlight of that vessel but neither of her sidelights.
c) When a vessel is in any doubt as to whether she is overtaking another, she
shall assume that this is the case and act accordingly.
d) Any subsequent alteration of the bearing between the two vessels shall not
make the overtaking vessel a crossing vessel within the meaning of these
Rules or relieve her of the duty of keeping clear of the overtaken vessel until
she is finally past and clear.

Rule 13 Overtaking Comment


Supersedes all rules of Part B Section I & II
Who Any vessel overtaking another
When overtaking (technically defined within rule)
What overtaking vessel keep out of the way of the overtaken vessel
How not explicitly mentioned. Pass at safe distance. Interaction between vessels to be accounted
for.
Based on the principle of allocating prime responsibility to the vessel which will usually be more
capable of keeping out of the way. If no such distinction were made the vessel with the greater ability
to take effective avoiding action would be more likely to wait for the other to keep out of the way.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
6 Safe Speed
7 Risk of collision
8 Action to avoid collision
17 Action by stand-on vessel
34 Manoeuvring and warning signals

Rule 13 Overtaking Collision in


Suez Canal
29 September 2014 Suez Canal
Southbound, off Port Said
Colombo Express collided with Maersk Tanjong
Video of collision See at 2:22 after start
http://youtu.be/2ktwo-k-onk

AIS recording of collision


http://youtu.be/HMV7W0QClkA

Rule 13 Overtaking Collision in


Singapore Straits
Video of collision
https://www.youtube.com/watch?v=FmDybTIxrJc

Rule 13 Overtaking Case Law

Overtaking vessel duty bound to keep clear - Baines


Hawkins-Moliere (Sir F Jeune, 1893)

Diverging vessel, coming from behind altered to converge


and collided held at fault Auriga-Manuel Campos
(Brandon J, 1976)

Overtaking Rule applies as per relative geometry of


vessels before risk of collision is apparent - OlympianNowy Sacz (Court of Appeal, 1977, Sir David Cairns)

Overtaking (narrow channels or rivers) Ore Chief-Olympic


Torch (Brandon J., 1974)

Rule 14 Head-on Situation


a) When two power-driven vessels are meeting on reciprocal or
nearly reciprocal courses so as to involve risk of collision each
shall alter her course to starboard so that each shall pass on the
port side of the other.
b) Such a situation shall be deemed to exist when a vessel sees the
other ahead or nearly ahead and by night she could see the
masthead lights of the other in a line or nearly in a line and/or
both sidelights and by day she observes the corresponding
aspect of the other vessel.
c) When a vessel is in any doubt as to whether such a situation
exists she shall assume that it does exist and act accordingly.

Rule 14 Head-on Situation


Comment
Who Two power driven vessels
When on reciprocal or nearly reciprocal courses i.e. within 6 degrees of
reciprocal (see technical specification of side lights)
What each to alter to starboard
No vessel privileged.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
6 Safe Speed
7 Risk of collision
8 Action to avoid collision
16 Action by give way vessel
34 Manoeuvring and warning signals

Rule 14 Head-on Situation


Collision in Kiel Canal
Video of collision
https://www.youtube.com/watch?v=52z0H1HlHDA

Video of damage
https://www.youtube.com/watch?v=7bkSa6qRLU0

Rule 15 Crossing Situation


When two power-driven vessels are crossing so as to
involve risk of collision, the vessel which has the other
on her own starboard side shall keep out of the way and
shall, if the circumstances of the case admit, avoid
crossing ahead of the other vessel.

Rule 15 Crossing Situation


Comment
Who Two power driven vessels
When crossing
What shall keep out of the way
How not mentioned but the rule states shall, if the circumstances of the case admit,
avoid crossing ahead of the other vessel.
Does not apply when one vessel is hampered. Rule 18 applies then.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
7 Risk of collision
8 Action to avoid collision
16 Action by give way vessel
17 Action by stand-on vessel
34 Maneuvering and warning signals

Rule 15 Crossing Situation Case


Law
Avoid crossing ahead - King Stephen-Ashton (Sir Gorell
Barnes, 1905)
Vesse stopped but unerway must comply LucaniaBroomjield, 1905
Applies in coastal waters too. But, Alcoa Rambler-Norefjord,
1949, held rule not applicable as stand-on vessel was
constantly changing course.
Narrow Channel 2009 Collision HKG CFA case mentioned
earlier
Crossing rule separate from Narrow Channel rule - Empire
Brent-Stormont (Willmer J, 1948)

Rule 15 Crossing Situation Case


Study

Samco Europe v MSC Prestige [2011] EWHC 1580 (Admlty).

Kofopoulos, Konstantinos (2011) Admiralty law - Samco Europe v


MSC Prestige [2011] EWHC 1580 (Admlty). Shipping and Trade
Law, 11, (6), 6-8.

P&I Newsletter Admiralty Court case summary

http://www.britanniapandi.com/en/news_and_publications/risk-wat
ch/risk-watch-archive/risk-watch-2012/vol-19-no-1-feb-2012/inde
x.cfm#a

Samco Europe Flag state investigation report

http://www.beamer-france.org/BanqueDocument/pdf_172.pdf

Samco Europe Damage Photographs

http://www.aukevisser.nl/supertankers/part-4/id668.htm

Rule 16 Action by give-way vessel


Every vessel which is directed to keep out of the way of
another vessel shall, so far as possible, take early and
substantial action to keep well clear.

Rule 16 Action by give-way vessel


Comment
Who Give way vessel
When complying with the rules
What take early and substantial action
How not mentioned specifically in this rule but relates to Rule 15 or Rule 18.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule

5 Lookout
7 Risk of collision
8 Action to avoid collision
9 Narrow Channel
10 Traffic Separation Schemes
15 Crossing Situation
17 Action by stand-on vessel
18 Responsibilities between vessels
34 Maneuvering and warning signals

Rule 17 Action by stand-on vessel


a) (i) Where one of two vessels is to keep out of the way the other shall
course and speed.

keep her

(ii) The latter vessel may, however, take action to avoid collision by her manoeuvre
alone, as soon as it becomes apparent to her that the vessel required to keep out of
the way is not taking appropriate action in compliance with these Rules.
(b)When, from any cause, the vessel required to keep her course and speed finds herself
so close that collision cannot be avoided by the action of the give-way vessel alone,
she shall take such action as will best aid to avoid collision.
(c) A power-driven vessel which takes action in a crossing situation in accordance with
subparagraph (a)(ii) of this Rule to avoid collision with another power-driven vessel
shall, if the circumstances of the case admit, not alter course to port for a vessel on
her own port side.
(d)This Rule does not relieve the give-way vessel of her obligation to keep out of the way.

Rule 17 Action by stand-on vessel


Comment
All other than paragraph (a) are new and constitute one of the most fundamental
changes in 1972 Regulations. The Rule does not apply when vessels are not in sight of
one another or when no risk of collision is present.
Who Stand-on vessel
When when other vessel not taking appropriate action or too close to collision
What action to avoid collision
How not mentioned specifically in this rule but prohibits alteration to port for power driven
vessel.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule
Rule

2 Responsibility
5 Lookout
7 Risk of collision
8 Action to avoid collision
15 Crossing Situation
18 Responsibilities between vessels
34 Maneuvering and warning signals

Rule 17 Action by stand-on vessel

Case Law

Allowed stand-on vessel to stop to pick up pilot


Windsor-Roanoke, 1908 (Lord Alberstone)
Vessel adjusting compasses - Manchester RegimentClan Mackenzie, 1938 (President, Lord Merriman)
held to have been give way vessel
Fine crossing - Lok Vivek-Common Venture (Clarke J,
1995) action too late by Lok Vivek
Overtaking from behind - Koscierzyna-Hanjin
Singapore, Court of Appeal (1995) The stand-on
vessel should have taken action

Rule 18 Responsibilities between


vessels
Except where Rules 9, 10 and 13 otherwise require:
(a)(PD underway to keep out of NUC, RAM, FV, SV)
(b)(SV underway to keep out of NUC, RAM, FV)
(c) (FV underway to keep out of NUC, RAM)
(d)(Vessel other than NUC, RAM
navigate carefully)

not to impede CBD, who must

(e)(Seaplane to keep clear of all. Comply with COLREG if necessary)


(f) (WIG when landing / taking off, keep clear of all. WIG navigating,
comply with COLREG)

Rule 18 Responsibilities between


vessels Comment

Rules 9 (Narrow Channel), 10 (TSS) and 13 (Overtaking) take precedence


over this rule.

Straight forward rule.

Categories of vessels defined in per Rule 3

Based on the principle of allocating prime responsibility to the vessel


which will usually be more capable of keeping out of the way.

If no such distinction were made the vessel with the greater ability to take
effective avoiding action would be more likely to wait for the other to keep out of
the way.

Two hampered vessels of save category each to take whatever action


necessary

Hovercrafts, hydrofoils power driven vessels within the meaning of rule

Part B - General
Section III (Conduct of vessels in restricted
visibility)
Rule 19 Conduct of vessels in restricted visibility

Rule 19 Conduct of vessels in


restricted visibility
(a) This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted
visibility.
(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of
restricted visibility. A power-driven vessel shall have her engines ready for immediate manoeuvre.
(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility
when complying with the Rules of section I of this part.
(d) A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters
situation is developing and/or risk of collision exists. If so, she shall take avoiding action in ample time,
provided that when such action consists of an alteration of course, so far as possible the following shall be
avoided:
(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken;
(ii) an alteration of course towards a vessel abeam or abaft the beam.
(e) Except where it has been determined that a risk of collision does not exist, every vessel which hears
apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters
situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can
be kept on her course. She shall if necessary take all her way off and in any event navigate with extreme
caution until danger of collision is over.

Rule 19 Conduct of vessels in


restricted visibility Comment
Who vessels
When not in sight; in / near area of restricted visibility
What proceed at safe speed, keep engine ready.
How lookout!
Presence by Radar alone? Determine risk of collision or close quarter situation; take avoiding action in
ample time. Certain actions prohibited.
Fog signal ahead or cannot avoid close quarter situation with vessel ahead, slow down or take all way
off.
Cross reference

Rule
Rule
Rule
Rule
Rule
Rule
Rule
Rule

3 Definitions
5 Lookout
6 Safe Speed
7 Risk of collision
8 Action to avoid collision
9 Narrow channels
10 Traffic separation schemes
35 Sound signals in restricted visibility

Rule 19 Conduct of vessels in


restricted visibility Case Law
Good seamanship precautions must be taken when you see fog ahead - Gladiator-St Paul (Sir Gore11
Barnes, 1909)
Safe speed / reduction mandated 1961 collision occurred in dense fog between the Freshfield, at
anchor, and the Lady Gwendolen, proceeding upriver in River Mersey. Master COC supsended in Formal
Investigation in 1962. Owners LL not allowed in Admiraly Court (Hewson J, 1964), same upheld in Court
of Appeal (Sellers LJ, Wilmer LJ)
Distance for close quarter situation, Grepa-Verena (Wilmer LJ, 1961) stated ..must depend upon the
size, characteristics and speed of the ships concerned. a distance measurable in miles rather than in
yards
Fog signals abaft vessel should have stopped engines Bremen-British Grenadier, 1931
Fog signal reported Chusan-Protector (Willmer J, 1955)
Navigate with caution no radar vessel should stop and be certain - Union-Vulcano (Bateson J, 1928)
A/C, fog signal, situation undetermined many cases Oakmore-Aras (Sir Gorell Barnes, 1906), WearHavbris (Hill J, 1925) Thorshovdi-Anna Salen (Wilmer J, 1954) Miguel de Larrinaga-Hjelmaren
(Wilmer J, 1956), Achille Lauro-Cornelis B., (Wilmer J, 1956), Linde-Aristos (Brandon J, 1969).
Take all way off - Monarch-Jaunty (Wilmer J, 1953)

Rule 19 Conduct of vessels in


restricted visibility Case Study
08 April 2005 Lykes Voyager collided with Washington
Senator off Hong Kong in dense fog
MAIB report
http://www.maib.gov.uk/publications/investigation_reports/20
06/lykes_voyager_washington_senator.cfm

Look out, safe speed, navigation in RV, VHF


communication, mistaken identity.

Part C Lights and Shapes


(Contains details about lights and shapes, and what lights
and shapes to be displayed depending upon type of vessel)
Rule
Rule
Rule
Rule
Rule
Rule

20
21
22
23
24
25

Application
Definitions
Visibility of Lights
Power driven vessels underway
Towing and pushing
Sailing vessel underway and vessel under oars

Part C Lights and Shapes (Contd.)


Rule 26 Fishing vessels
Rule 27 - Vessels not under command or restricted in
their ability to manoeuvre
Rule 28 Vessels constrained by their draught
Rule 29 Pilot vessels
Rule 30 Anchored vessels and vessels aground
Rule 31 Seaplanes
Also includes reference to WIG

Part D Sound and Light Signals


Rule
Rule
Rule
Rule
Rule
Rule

32
33
34
35
36
37

Definitions
Equipment for sound signals
Manoeuvring and warning signals
Sound signals in restricted visibility
Signals to attract attention
Distress signals

Directs to Annex IV of the Regulations

Part E - Exemptions
Rule 38 Exemptions
4 years exemption permitted from the date of entry into force
of these Regulations for certain matters
9 years exemption permitted from the date of entry into force
of these Regulations for certain matters
One particular issue allowed permanent exemption
Ships with such exemptions rare today due to age and
regulatory compliance issues with other matters. e.g. SOLAS
and MARPOL requirements.

Annexes
ANNEX I Positioning and technical details of lights and
shapes
ANNEX II Additional signals for fishing vessels fishing
in close proximity
ANNEX III Technical details of sound signal appliances
ANNEX IV Distress signals
Latest amendment in this part.

Amendment to Regulations
Amendments
Maritime Safety Committee in IMO
Passed as IMO Assembly Resolutions
Latest Amendment
IMO Resolution A. 1004 (25)
Adopted on 29 November 2007
Entry into force on 1 December 2009

Theregulationsare made for


seamen to follow and should be
interpreted by the Courts in the
same way as seamen would
interpret them.

Caveat consules!
The Koningin Juliana [1974] 2 Lloyd's Rep. 353
Cairns LJ states Theregulationsare made for seamen to follow and should be
interpreted by the Courts in the same way as seamen would interpret them.

The Crackshot,(1949) 82 Ll.L.Rep. 594


Willmer J states The second consideration which has much impressed me is
the fact that these by-laws are, after all, made for seamen to read, and they
are, in my judgment, to be construed as a seaman would construe them. In
those circumstances, I thought it was proper to ask the Elder Brethren how
they, as seamen, would understand the words used in the by-law. They have
answered me without any hesitation that in their minds what the by-law
means is that each vessel must keep to the starboard side of the dredged, or
maintained, channel. That is how they, as seamen, would understand that
direction.

Questions ?

Further Information
International Maritime Organization
www.IMO.org > About IMO > List of Conventions > COLREG
IMO Publication - E904E COLREG (ISBN 92-801-4167-8)

The Merchant Shipping (Distress Signals and Prevention of Collisions)


Regulations 1996
MSN 1781 (M + F) issued by MCA UK

Other MSNs, MGNs, MINs by MCA UK


Cockroft AN and Lameijer JNF, A Guide to the Collision Avoidance Rules
For US Waters
USCG Navigation Center ( http://www.navcen.uscg.gov/ > Nav Rules )
COLREG Demarcation Lines - Title 33 Code of Federal Regulations part 80

Thank You

Anda mungkin juga menyukai