Responsibilities Between Vessels.
Except where Rules 9, 10, and 13 (Narrow channels, TSS and overtaking)otherwise require:
(a) A power-driven vessel underway shall keep out of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre;
(iii) a vessel engaged in fishing;
(iv) a sailing vessel.
(b) A sailing vessel underway shall keep out of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre;
(iii) a vessel engaged in fishing.
(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:
(i) a vessel not under command;
(ii) a vessel restricted in her ability to manoeuvre.
(d) (i) Any vessel other than a vessel not under command or a vessel restricted in her ability to manoeuvre shall, if the circumstances of the case admit, avoid impeding the safe passage of a vessel constrained by her draught, exhibiting the signals in Rule 28.
(ii) A vessel constrained by her draught shall navigate with particular caution having full regard to her special condition.
(e) A seaplane on the water shall, in general, keep well clear of all vessels and avoid impeding their navigation. In circumstances, however, where risk of collision exists, she shall comply with the Rules of this part.
(f) (i) A WIG craft, when taking off, landing and in flight near the surface, shall keep well clear of all other vessels and avoid impeding their navigation.
(ii) A WIG craft operating on the water surface shall comply with the Rules of this part as a power driven vessel.
No great complications for OOW’s exist under this Rule. ‘Power gives way to sail’ is well enough known, and there are obvious advantages in staying clear of fishing vessels of all types.
It is also worth noting that at no stage do the rules state that a vessel constrained by her draught (CBD) should be “kept clear of”. A vessel CBD still technically, has to give way to other vessels, should a risk of collision exist and she is the “give way” vessel. However, applying Rule 2 again, taking into account the special circumstances of the case, it would be the practice of good seamanship to keep clear of a vessel CBD, due to her special condition and limited manoeuvring room.
It is also worth noting that this Rule does not instruct vessels to ‘Give Way’ to vessels at anchor. Reason is Vessels at anchor are not underway and cannot take any action to avoid collision. Rule 2, the practice of good seamanship etc., takes care of this, but because vessels are not instructed to give way to vessels at anchor is why you can be Restricted in your Ability to Manoeuvre (RAM) at anchor. This is confusing as RAM is covered as “from the nature of her work is restricted in her ability to manoeuvre ” and there is no work at anchorage.
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