Confusion was planted in Judge Davis’ mind by M Pigneguy

Confusion was planted in Judge Davis’ mind by M Pigneguy
This has to do with M Pigneguy’s misleading interpretation of Rule 22.15 which Judge Davis is now struggling to understand.
He puts to Bolton “That the Rule which M Pigneguy says, the vessel approaching from the port side must give way – doesn’t really count & that Seaway should’ve gotten out of the way first, that’s what it’s boiling down to, isn’t it ?”
M Pigneguy had said earlier that after he’d come around Sth Motuihe & settled on his course he could see Classique on his port bow & crossing from port to starboard – it’s Classique’s obligation to keep out of the way of Seaway. “So with vessels on my port bow which are crossing from my left to right, I’m on their starboard bow & it’s their obligation to keep out of my way if the relative bearing remains the same or doesn’t change appreciably.”
Rule 22.15 states quite straight forwardly “when 2 vessels are crossing so as “to involve risk of collision”, the vessel which has the other on its starboard side must keep out of the way”
Rule 22.7.4 states such risk of collision exists if the COMPASS BEARING of an approaching vessel doesn’t appreciably change.
M Pigneguy was mistaken in determining risk of collision by his use of a Relative Bearing without steering an essential straight course in conjunction with it – he was turning as he was taking his relative bearing & consequently getting a wrong assessment.
As Classique proceeded from Nth Browns Island & observed Seaway – to begin with Seaway was coming up to Sth Motuihe on 260 degrees – a parallel course. When Seaway was turning towards 286degrees from Sth Motuihe & assessed by Bolton to eventually pass well behind Classique, the vessels were 2 nmiles away & no risk of collision could be considered to exist. As Seaway continued to climb on courses incrementally above 286* the large amount of clearance available initially began to reduce – it was up to M Pigneguy to keep a straight course until Browns Island at least, considering Classique was in sight & would be well to Seaway’s starboard side by the time Seaway was due to turn for Auckland after Browns Light area.
Judge Davis had been mislead to believe that just because Classique was on Seaway’s port side, Classique was to keep out of the way of Seaway & act like a Give-way vessel. That is not the case, neither was Seaway to regard itself as a Stand-on vessel. It was Seaway’s obligation to keep her straight course, allowing Classique to maintain her course also so that each would pass safely starboard to starboard with ample clearance.
In a land based person’s fashion, Judge Davis more or less got it right as to what Bolton said – Rule 22.15 didn’t count, as there was no risk of collision until M Pigneguy created a possible risk by turning incrementally to reduce the original clearance.
So it was for Seaway to have “gotten out of the way” some considerable distance earlier by steering straight & not harass the peaceful passage of Classique
Bolton drew Judge Davis’s attention to Toghill’s “Manual of Yacht Navigation” where he explains how Rule 22.15 “doesn’t apply to 2 vessels which must, if both keep on their respective courses, pass clear of each other.”
                                J E Toghill’s “Manual of Yacht Navigation”
                    Available here – http://tiny.cc/ManualOfYachtNavigation
Toghill

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