A Stand-on vessel's course & speed changes carried out in the course of ordinary navigation are allowed
Appeal Preparation Against Decision By Judge Davis.
Each Paragraph from Judge Davis’s decision is followed by correction
Para 18, 19 & 20 : Applying the rule to the situation, if a crossing situation existed the onus was on Classique to keep out of the way -Rule 22.16 early & substantial action…
“The operable word is “if” & the crossing has to be “with risk of collision” therefore in the absence of risk, the onus on Classique was to maintain her course & speed thereby keeping well clear.”
Para 21, 22 : Rule 22.17 – Action by Stand-on vessel – Its Application Judge Davis said was “under no circumstances can the stand-on vessel alter its course to port”….
“This is not correct – a Stand-on vessel doesn’t violate her obligations by her course & speed changes that are carried out in the course of ordinary navigation.
Quoted from Farwell’s “Rules of the Nautical Road”
– the purpose of this requirement is to enable the give-way vessel to predict the action of the stand-on vessel and so be able to stay out of its way. In some circumstances, the stand-on vessel’s normal maneuver would be to slow down or turn (to pick up a pilot or enter a channel or turn at Browns Island, for example) and such action may be expected of the stand-on vessel by those on the give-way vessel. In that case, the stand-on vessel is obligated to maneuver as expected, even though the action is something other than holding course and speed. Again, a radiotelephone or VHF confirmation of intentions is useful.”
Farwell’s “Rules of the Nautical Road”
Can be viewed by clicking here – http://bit.ly/FarwellsRulesOfTheNauticalRoad
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