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Navigation Rules Practical Application

Old 03-19-2019, 11:07 AM
  #41  
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Originally Posted by toristoy View Post
Tugboat/barge
1. Was his multiple radars working or impeded by barge?
2. Was there crew stationed on bow of barge with some type of signaling device?
3. Tugboat's radio/horn working?

shrimp boat
1. Did he not see barge coming up his caboose and take evasive action/signal?
2.did radar/signaling devices work?
3.anyone station to watch

90% barge. 10% shrimp boat
Nice work! The Lookout Rule tells us to keep a lookout by sight, hearing and all available means. As you have correctly pointed out that includes electronics and other people. The tug had its radar on but the operator was under the influence and not paying attention. The tug's deck hands were resting. The fishing vessel had a radar, but it was not on. "Why would I need my radar on, it's broad daylight?" The two deck hands on the shrimp boat were on the back deck. Neither had been tasked with keeping a lookout. They didn't even notice the tug until it hit them. No sound signals were used by either vessel because neither noticed the other.

Rule 9 anyone?
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Old 03-19-2019, 11:47 AM
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In the first scenario:
Originally Posted by USCG Safe Boating D8 View Post
Engine noise, wind noise and music would like drown out the sound of the average boat horn.
I do not agree. With the bass boat headed right towards the bay boat, the horn should have been the loudest. What's the sounding requirement for a horn... 1 mi? 2 mi? I'm sure if he was within 1/4 mile (still 30 seconds from impact) and sounded his horn it may have caused the bay boat to look around before entering his turn.

Also, speed is definitely a factor in such a narrow channel. The bass boat should have managed his speed while overtaking to accommodate his limitations on maneuverability in the narrow channel. I'd say it's 90/10 bass boat/bay boat.

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Old 03-19-2019, 12:28 PM
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2nd Scenario: Both vessels are again at fault, and AGAIN, the overtaking vessel failed to make any effort to alert the overtaken vessel.
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Old 03-19-2019, 12:30 PM
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Originally Posted by km1125 View Post
In the first scenario:

I do not agree. With the bass boat headed right towards the bay boat, the horn should have been the loudest. What's the sounding requirement for a horn... 1 mi? 2 mi? I'm sure if he was within 1/4 mile (still 30 seconds from impact) and sounded his horn it may have caused the bay boat to look around before entering his turn.

Also, speed is definitely a factor in such a narrow channel. The bass boat should have managed his speed while overtaking to accommodate his limitations on maneuverability in the narrow channel. I'd say it's 90/10 bass boat/bay boat.
The required range for vessels under 20 meters in international waters is .5 nautical miles. On inland waters it is not specified for vessels less than 12 meters. They need only have an efficient means of producing sound.

I tried to copy and paste the applicable part of the Rules, but it is in table format that didn't paste over well. You can look at Annex III 86.05 for details.



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Old 03-19-2019, 12:53 PM
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On the bass boat 100% IMO.
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Old 03-19-2019, 01:00 PM
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Originally Posted by USCG Safe Boating D8 View Post
Nice work! The Lookout Rule tells us to keep a lookout by sight, hearing and all available means. As you have correctly pointed out that includes electronics and other people. The tug had its radar on but the operator was under the influence and not paying attention. The tug's deck hands were resting. The fishing vessel had a radar, but it was not on. "Why would I need my radar on, it's broad daylight?" The two deck hands on the shrimp boat were on the back deck. Neither had been tasked with keeping a lookout. They didn't even notice the tug until it hit them. No sound signals were used by either vessel because neither noticed the other.

Rule 9 anyone?
how does the under the influence aspect play into the totality of the situation? All things being equal, how much does that shift the burden of responsibility?
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Old 03-19-2019, 01:04 PM
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Originally Posted by USCG Safe Boating D8 View Post
The required range for vessels under 20 meters in international waters is .5 nautical miles. On inland waters it is not specified for vessels less than 12 meters. They need only have an efficient means of producing sound.

I tried to copy and paste the applicable part of the Rules, but it is in table format that didn't paste over well. You can look at Annex III 86.05 for details.
After re-thinking the boats involved, the horn may not have been practical. On larger vessels with installed horns it would make more sense. I think that the lack of an "effective sound producing device" to signal the bass boats intentions also put more of a burden on him to avoid the overtaken vessel until he is well clear.

Originally Posted by autobaun70 View Post
how does the under the influence aspect play into the totality of the situation? All things being equal, how much does that shift the burden of responsibility?
I would think it wouldn't matter WHY they were not keeping an adequate watch, only that they were (or weren't, in his case), whether it was on the radar or on the forward section of the vessel, particularly knowing their visibility from the bridge was constrained.
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Old 03-19-2019, 05:56 PM
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Originally Posted by autobaun70 View Post


how does the under the influence aspect play into the totality of the situation? All things being equal, how much does that shift the burden of responsibility?
I feel confident it plays a role. How much is anyone's guess. I rarely hear how these things play out in the legal system. In this case it wouldn't surprise me if the tow boat company made the fisher whole without it going to the courts.
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Old 03-20-2019, 06:12 AM
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Originally Posted by autobaun70 View Post
At a minimum they both failed to maintain proper watch. The tug moreso than the trawler. And the guys on the deck of the trailer are steady getting pooped on.
How much time elapsed between the point when anyone actually on lookout would realize a collision was likely and the moment of impact? It seems the speed of the two vessels would be fairly similar so the barge had to be looming behind the trawler for quite a while.
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Old 03-20-2019, 06:26 AM
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I do follow the rule of gross tonnage.
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Old 03-21-2019, 03:19 AM
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Originally Posted by JCC123 View Post
I do follow the rule of gross tonnage.
I certainly understand the spirit of that comment, but urge caution at the same time. If I am headed out to the barrier islands in my 20' DC and am the stand on vessel in a crossing situation with a tug pushing barges across the MS Sound, I am going to set up to tuck under their stern and communicate that to them through early and apparent action. But what about the same scenario where the give way boat is a 32 foot sportfisher? What about a 28' CC. At some point the gross tonnage lines become blurry. Part of the beauty of the navigation rules is that I not only know what I am supposed to do, but I also know what the other person is supposed to do. If that other person makes an assumption and takes action counter to what I am expecting, then what?
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Old 03-21-2019, 07:20 AM
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Hit the brakes. ...
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