Action to Avoid Collision – Small alterations of course & speed should be avoided

Action to Avoid Collision – Rule 22.8.2 – A succession of small alterations of course & speed, or both, should be avoided. (They are difficult for the other vessel to detect, consequently they must be made substantial to be observed – part 22.8.3b)
Bolton – “That has been contravened by the ferry & has contributed towards the close quarters situation – Failing to keep course & speed. When we come to Rule 22.17 Action by the Stand-on vessel – ‘if the circumstances of the case allows’ has to be read inconjunction with ‘it must not alter course to port for a vessel on its own port side’. Considering the ferry was on a Regular Run, it was entirely allowed to turn on what was his normal course. (A 2 blast signal & a bold turn to port in good time would be the proper maneuver)
Judge Davis – “No, no, it’s not the case of whether he was allowed, as such, but it’s whether or not the obligation rested on his turn to port ?”
Bolton – “There is an obligation when it comes to rules of good seamanship & what is normally practiced” (Normally to turn in the course of a Regular Run)
Judge Davis – “The onus was on you by virtue of Rule 22.15 to have kept out of the way of Mr Pigneyguy. Now you’re saying to me that, in fact, Rule 22.17.2b overrides Rule 22.15 ? It would assist me as a person who has not seen these rules before Monday or Tuesday, or whatever day it was”
Bolton – “Rule 22.15 only refers to a crossing situation involving risk of collision. In our case Rule 22.15 doesn’t apply because we were not crossing so as to involve risk of collision.” (Therefore Rule 22.17 doesn’t apply & there are no Stand-on or Give-way vessels)
Judge Davis – “All right, so if I can just understand your evidence, when Mr Young this morning said that in his view somewhere between photo 1 & photo 2, a risk of collision had developed, you’re saying he’s wrong ?”
Bolton – “Mr Pigneyguy 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 as yaw – it didn’t equal out by going to the other side nearer 280*”
Judge Davis – “I was just trying to ascertain where Mr Young assesses the risk of collision starting – Mr Young says it was somewhere between photos 1 & 2. Are you saying there was no risk of collision in Photos 1 & 2, therefore rule 22.15 did not apply?”

The ferry travelling at 15.5 kts & Classique at 7 kts – in the time the ferry covers 1/2 nmile,
Classique would safely cross to the starboard side of the ferry.

Yaw was a misleading term used by B Young to describe the incremental turning
of the ferry towards Classique thus reducing clearance at Photo 3

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