peterb
New member
Oh what a lovely war!
or at least, what a lovely thread.
The real problem is that Colregs are not necessarily self-consistent.
Take for example Rule 3(b): "The term "power-driven vessel" means any vessel propelled by machinery." Not, notice, capable of being propelled by machinery, or usually propelled by machinery, but "propelled by". Presumably, therefore, actually being propelled by machinery at the relevant time.
Then compare this with Rule 35 (b): "A power-driven vessel underway but stopped and making no way through the water........." So a power-driven vessel remains a power-driven vessel even when the engine is stopped and she is making no way through the water. Not really consistent with Rule 3(b).
The argument about the difference between a stopped engine and one which is running but in neutral has to be treated with care. WWII submarines had diesel engines and electric motors. In normal surface cruising mode they cruised with a direct drive from the diesel, but the diesel gearbox was not usually fitted with astern gear. So in harbour they used their electric motors, operated from batteries, getting 'astern gear' by reversing polarity. When they went to 'neutral' they did it by switching off the power to the motors; they then had no engine running or propelling machinery in use, but this didn't turn them into sailing vessels. Nor, incidentally, did it make them 'not under command'; the definition of NUC includes being "unable to manoeuvre as required by these Rules" and of course they could just by throwing the switch.
Again, think of the case of a long-distance racing boat using its main engine to charge its batteries. If, as suggested in some of these posts, this turns it into a power-driven vessel, then in meeting another power-driven vessel it could be be forced to use its engine for propulsion, thus disqualifying it. It might even find that when it tried to put its engine into gear that the gearbox failed (I've had it happen).
I think that the only way for the sailing vessel definition to make sense is for four extra words to be understood at its end: "any vessel under sail provided that propelling machinery, if fitted, is not being used - to propel the vessel". Any other understanding can lead to real difficulties. The suggestion, for instance, that running the engine for battery charging means that some part of the propelling machinery is being used, and that therefore the vessel is now a power-driven vessel, can be countered by pointing out that the propeller and its shaft are also part of the propelling machinery, and that it is possible to use the propeller with a shaft alternator to charge the batteries while under sail. Does this usage of part of the propelling machinery also turn the vessel into a power-driven vessel?.
The question of the usage of the cone is, I think, a red herring. A sailing vessel showing a cone point-down is declaring itself, for purposes of Colregs, to be a power-driven vessel. If it now puts its gearbox into neutral it has two possibilities: it can retain its cone, but must then manoeuvre as a power vessel, or it can take the cone down and become a sailing vessel; but if it takes the latter course then it must re-hoist the cone again before re-engaging gear. (We're talking about the letter of the law here, not what is done in practice.)
It may interest people to know that the cone (and the separate definitions for sailing and power-driven vessels) only came into force in 1954. Before that, the rules promulgated in 1910 applied. They covered the subject of motor-sailing rather differently:
Steam Vessel under sail by Day
Art. 14. A steam vessel proceeding under sail only, but having her funnel up, shall carry in daytime, forward, where it can best be seen, one black ball or shape two feet in diameter.
Notice, nothing is said about whether the boilers are fired up, so that the screws or paddles are ready for operation!
or at least, what a lovely thread.
The real problem is that Colregs are not necessarily self-consistent.
Take for example Rule 3(b): "The term "power-driven vessel" means any vessel propelled by machinery." Not, notice, capable of being propelled by machinery, or usually propelled by machinery, but "propelled by". Presumably, therefore, actually being propelled by machinery at the relevant time.
Then compare this with Rule 35 (b): "A power-driven vessel underway but stopped and making no way through the water........." So a power-driven vessel remains a power-driven vessel even when the engine is stopped and she is making no way through the water. Not really consistent with Rule 3(b).
The argument about the difference between a stopped engine and one which is running but in neutral has to be treated with care. WWII submarines had diesel engines and electric motors. In normal surface cruising mode they cruised with a direct drive from the diesel, but the diesel gearbox was not usually fitted with astern gear. So in harbour they used their electric motors, operated from batteries, getting 'astern gear' by reversing polarity. When they went to 'neutral' they did it by switching off the power to the motors; they then had no engine running or propelling machinery in use, but this didn't turn them into sailing vessels. Nor, incidentally, did it make them 'not under command'; the definition of NUC includes being "unable to manoeuvre as required by these Rules" and of course they could just by throwing the switch.
Again, think of the case of a long-distance racing boat using its main engine to charge its batteries. If, as suggested in some of these posts, this turns it into a power-driven vessel, then in meeting another power-driven vessel it could be be forced to use its engine for propulsion, thus disqualifying it. It might even find that when it tried to put its engine into gear that the gearbox failed (I've had it happen).
I think that the only way for the sailing vessel definition to make sense is for four extra words to be understood at its end: "any vessel under sail provided that propelling machinery, if fitted, is not being used - to propel the vessel". Any other understanding can lead to real difficulties. The suggestion, for instance, that running the engine for battery charging means that some part of the propelling machinery is being used, and that therefore the vessel is now a power-driven vessel, can be countered by pointing out that the propeller and its shaft are also part of the propelling machinery, and that it is possible to use the propeller with a shaft alternator to charge the batteries while under sail. Does this usage of part of the propelling machinery also turn the vessel into a power-driven vessel?.
The question of the usage of the cone is, I think, a red herring. A sailing vessel showing a cone point-down is declaring itself, for purposes of Colregs, to be a power-driven vessel. If it now puts its gearbox into neutral it has two possibilities: it can retain its cone, but must then manoeuvre as a power vessel, or it can take the cone down and become a sailing vessel; but if it takes the latter course then it must re-hoist the cone again before re-engaging gear. (We're talking about the letter of the law here, not what is done in practice.)
It may interest people to know that the cone (and the separate definitions for sailing and power-driven vessels) only came into force in 1954. Before that, the rules promulgated in 1910 applied. They covered the subject of motor-sailing rather differently:
Steam Vessel under sail by Day
Art. 14. A steam vessel proceeding under sail only, but having her funnel up, shall carry in daytime, forward, where it can best be seen, one black ball or shape two feet in diameter.
Notice, nothing is said about whether the boilers are fired up, so that the screws or paddles are ready for operation!