A Crossing With No Risk Of Collision Existing.

A Crossing With No Risk Of Collision Existing.
Bolton is explaining – Avoidance is only required or Rule 22.15 doesn’t apply until risk of collision exists. If there’s no risk of collision, each shall keep their course & speed & each shall pass clear of the other … Now when we come to Rule 22.17 – Action by the stand-on vessel – clause 2(b) ” If it is a power-driven vessel in a crossing situation ie with risk of collision, this phrase comes next – ‘if the circumstances of the case allow’ has to be read in conjunction with ‘it must not alter course to port for a vessel on its own port side’ Because our Maritime Rules are made for general circumstances ordinarily experienced, that statement ‘it must not alter its course to port for a vessel on its own port side’ is allowed to be modified.”
Judge Davis – “So what you’re saying then, if I understand that as part of your defence, you were saying that the onus rested with Mr Pigneguy to have altered his course to port to avoid a risk of collision if he perceived there to be one?”
Bolton confirms – “Absolutely & considering he was said to be on a normal run, he was entirely allowed to turn on what was his Regular Run.”
Judge Davis tries to sort out whether Rule 22.15 or Rule 22.17 takes precedence, so Bolton clarifies – “Rule 22.15 ‘A crossing situation’ is only for vessels that are crossing so as to involve risk of collision. In our case, Rule 22.15 doesn’t apply because we were not crossing so as to involve risk of collision & until that comes into it, there’s no Rule 22.15 affecting us.”
Judge Davis – “All right, so if I can just understand your evidence, so when Mr Young, this morning, said that in his view somewhere between Photo 1 & 2 there was a risk of collision had developed, you’re saying he’s wrong?”
Bolton – “It was in the mix of things because Mr Pigneguy said that there was still room for me to do something & there was obviously still room for him to do something – for him to have gone back to 286* would’ve been his right & proper move to make, not change towards me. We cannot describe it a ‘yaw’ because that swing towards Classique didn’t equal out by going to the other side, nearer 280*.”
Mark Davies, Crown Law, Meredith Connell now interrupts …

Judge Davis can’t grasp that if the ferry had stayed on 286* there would’ve been No Risk of Collision.
M Pigneguy by turning prior to Photo 1 & subsequently, only reduced the clearance which had existed originally.
A Crossing With No Risk Of Collision Existing.,2014-09-16_2107

A Crossing With No Risk Of Collision Existing.

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