Collisions at Sea: Volume 2: Case Studies by Harry Hirst

Author:Harry Hirst [Hirst, Harry]
Language: eng
Format: epub, azw3, pdf
ISBN: 9781664113787
Publisher: Xlibris UK
Published: 2021-01-29T00:00:00+00:00

“There was some dispute about the degree of visibility. No doubt it was somewhat patchy. But it is ... common ground that visibility in the vicinity of the collision was about 1.5 miles. Whilst the visibility may have been somewhat better from time to time over the previous 20 minutes, I conclude that it was generally restricted to less than 3 miles throughout.”

“The conduct of vessels in restricted visibility is governed by Rule 19. It was nonetheless suggested ... that, in assessing the action to be taken under Rule 19, it was appropriate to have regard to the obligations that would arise under Section II of the regulations [in this case, the crossing rules] on the basis of their relative approach on the assumption that they were to all intents and purposes in sight of each other or at least would in due course become in sight of one another at the limit of visibility...

This argument is based upon a complete misconception of the rules. Vessels are only in sight of one another when they can visually observe each other: Rule 3(k). The whole purpose of the rules is to ensure that risks of collision are determined and eliminated at an early stage and not left to be dealt with at the limit of visibility: Rule 8...”

“Given the mutual obligations under Rule 19, it is commonplace for liability in a “fog” case to be apportioned equally. But here Rickmers Genoa must clearly carry the preponderance of blame. She continued at 20 knots into a close quarters situation which she was using only her VHF to avoid. Having seen Sun Cross at close range fine to port she selected the wholly improper option of coming to port.”

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