Collisions at Sea: Volume 1: Liability and the Collision Regulations by Harry Hirst

Author:Harry Hirst [Hirst, Harry]
Language: eng
Format: epub, azw3, pdf
ISBN: 9781543493979
Publisher: Xlibris UK
Published: 2019-04-06T00:00:00+00:00

SUMMARY

The crossing rule, Rule 15, applies when the head-on rule, Rule 14, and the overtaking rule, Rule 13, do not and the vessels are on crossing courses so as to involve risk of collision.

The vessel which has the other on her starboard side, is the give-way vessel and when taking avoiding action and provided the circumstances of the case admit, she should avoid crossing ahead of the other, stand-on vessel.

In the event of a collision, the give-way vessel will invariably have to bear the preponderance of liability and in a crossing situation the main issue is whether, and if so, to what extent the stand-on vessel is also liable.

The reported cases suggest that the stand-on vessel will usually be apportioned between 20% and 30% of the liability for failing to take any, or appropriate action under Rules 17(a)(ii) and (b). Exceptionally, she may have to bear more than 30% of the liability where her actions materially increased the risk of collision. This is likely to be the case, for example, when the stand-on vessel takes action pursuant to Rule 17(a)(ii) but wrongly alters her course to port when the give-way vessel is still on her port side, in contravention of Rule 17(c).

The reported cases suggest that in open waters the stand-on vessel in a crossing situation should –

(1) take action under Rule 17(a)(ii) between C-9 and C-3, by making a bold alteration of course to starboard of at least 30˚; and

(2) take action under Rule 17(b) at about C-3, by putting her engines full astern and her rudder hard over to starboard.

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