Anchoring liability

[Cardo]

I'm sure this has come up a gazillion times before, but it's always fun to discuss things over and over.

Now that we're scummy liveaboards bumbling around the Med, we tend to spend most of our lives either travelling or at anchor.

Something that has come to mind, is who's liable if two boats collide whilst at anchor?

I would have thought there would be a basic "first arrival has priority" rule, where if you're already at an anchorage, anyone arriving after you needs to ensure they leave enough space so your boats won't collide due to any wake, swell, wind changes, etc. But it doesn't seem to apply in every case.

Whenever I arrive at an anchorage, I tend to drop anchor in the direction the various other boats are lying, and if conditions permit I'll dive in and check to make sure the anchor's bed in and not fouling anyone else's. However, I have noticed that if others, or us, have been anchored for a while, the anchor will not always be in line to how we're lying. For example, if we arrived during a stronger wind period, and we're now turned on a lighter wind. We're pointing one way, but our anchor and chain are lying off to an odd angle.
What if someone subsequently arrives and anchors in such a way that we would collide if the stronger wind in the other direction kicked back in? What if they end up down wind of you and you collide with them due to the wind turning, and they claim you were dragging? However, you were simply swinging to your anchor...

Fortunately, we've not had any real issues, but we have had people anchoring relatively close during the day. Fortunately, they've generally left in the evening when the winds change.

We did end up moving once (in horrid swell, too) when we were in the middle of an anchorage amongst other boats, and one boat (that ended up downwind of us) simply hadn't put out as much chain as all the rest of us. Everyone else swung round as expected, but he didn't, leaving too little space for comfort. Who would have liability if we had swung down onto him?

The thoughts of the olden and wisened are appreciated!

 

[macd]

However, I have noticed that if others, or us, have been anchored for a while, the anchor will not always be in line to how we're lying. For example, if we arrived during a stronger wind period, and we're now turned on a lighter wind. We're pointing one way, but our anchor and chain are lying off to an odd angle.

Yep, that's the most common issue. I'll generally stooge alongside and ask how they're lying to their gear, but that often loses something in translation. (It's surprising the reactions you get from such a straightforward request: most are understanding, but a few seem to think it's none of your business.) On the other hand in the Med the way boats lie is generally more predictable than in, say, the UK since there's little or no contribution from the current.

If have no specific authority for this, but it seems generally agreed but the "first come" convention is pretty well absolute*. If you end up too close to a boat that was already there, you move, not they.

By the way, how did you know I was old & wizzened?

* except under a red, white and green ensign, but I imagine you take that as read.

 

[prv]

If have no specific authority for this, but it seems generally agreed but the "first come" convention is pretty well absolute

I have read a book which cited case law agreeing with this. Don't have the details to hand, but could maybe look it up tonight. Indeed, it's more than just who is liable after the accident - according to the Admiralty court an anchored vessel has the right to demand that later arrivals not anchor in positions which she considers would compromise her own. Good luck enforcing that in the average Mediterranean anchorage, of course

Pete

 

[Richard10002]

Good luck enforcing that in the average Mediterranean anchorage, of course

+1 if there is any doubt, and the other guy doesn't take the hint, you should probably move. More for your own peace of mind, rather than it being a rule.

That's what I used to do - generally not a big deal, and usually added a bit of interest to a day full of decisions as to whether to swim, sunbathe, eat, or fix something

 

[NormanS]

Yep, that's the most common issue. I'll generally stooge alongside and ask how they're lying to their gear, but that often loses something in translation. (It's surprising the reactions you get from such a straightforward request: most are understanding, but a few seem to think it's none of your business.) On the other hand in the Med the way boats lie is generally more predictable than in, say, the UK since there's little or no contribution from the current.

If have no specific authority for this, but it seems generally agreed but the "first come" convention is pretty well absolute*. If you end up too close to a boat that was already there, you move, not they.

By the way, how did you know I was old & wizzened?

* except under a red, white and green ensign, but I imagine you take that as read.

I've been asked where my anchor is lying. How can you possibly know, if your boat's been swinging around?
If it's something that really worries you, use a tripping line buoy, but that brings more worries of its own.

 

[VicMallows]

according to the Admiralty court an anchored vessel has the right to demand that later arrivals not anchor in positions which she considers would compromise her own.

Why not try it out at East Head on the next fine weekend?

Also, if you really got into a battle over who was liable when two anchored boats collide, it might be interesting trying to prove whether one/other/both had or had not dragged ??

 

[prv]

Why not try it out at East Head on the next fine weekend?

How about we send the Admiralty Court to try it?

Pete

 

[macd]

I've been asked where my anchor is lying. How can you possibly know, if your boat's been swinging around?

Out here they usually will know, 'cos they can see it.

 

[noelex]

I've been asked where my anchor is lying. How can you possibly know, if your boat's been swinging around?
If it's something that really worries you, use a tripping line buoy, but that brings more worries of its own.

GPS is accurate enough these days to keep track of it.
Its worth doing.
One of the most common anchoring problems is when someone drops their anchor on top of yours. Even if they end up a reasonable distance away there is a chance of a collision.