Responsibility.
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
(b) In construing and complying with these Rules, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
This is one of the most important rules within the Regulations, which rightly says that no one should rely on compliance with the rules alone, to keep them out of trouble. The priority is not to place your ship in any kind of perilous situation. Furthermore, a departure from the rules is allowed, to avoid immediate danger, taking into account the limitations of the vessels involved.
A small boat may not be seen, visually or on radar, until relatively close to a larger ship. A ship’s master is handicapped by the poor manoeuvrability and speed control of his vessel, and may be further constrained by restricted forward visibility; by the presence of other ships nearby, or by a navigation channel.
Ships, of course, have obligations to smaller craft under the steering rules, especially when not using narrow channels or official Traffic Separation Schemes, and might be obliged to give way when on a collision course with a vessel of any size. But whether a small craft in a stand-on position should hold course and speed to force the issue, when safer options are available, becomes highly questionable under this Rule. Normally smaller crafts keep out of way for their own safety. If a fisherman refuses to move out of way then it generally means that he is protecting his nets. Sometimes you may note that a fishing boat suddenly starts moving as if to block your passage, this is because you are heading for his fishing nets. Normally smaller crafts are in groups and best action is to keep clear of the area.
This rule is frequently referred to as the “Get Out Rule”. This is because it says “you may make a departure from these rules, necessary to avoid immediate danger”. In reality, this is a misnomer, as the final five words, which are the most important part, are overlooked. Rule 2 could be more effectively described as the “Get You Rule”. This is because, in paragraph (a) it says that you must obey the rules whilst paragraph (b) says that, if having obeyed the rules and you are still imminently about to collide with another vessel, then you may disobey the rules in order to minimise or avoid the collision. Effectively, if you have a collision, or even a near miss, you will have at some stage disobeyed Rule 2.
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