Colregs explain this please

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davidfox

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A couple of weeks back, we were sailing fast and caught up with a vessel motor sailing (main only up and exhaust visible but no shapes displayed) on a course parallel to ours on our starbord side, as we got closer he turned towards us (he hadnt bothered looking) and our respective courses converged, i called out and pointed out that we were sailing (we could have bourne away but I was loathe to put in 2 extra tacks as a result) he said 'Im motor sailing' good I said can you give me room please, he did.
It occurred to me afterwards, that although he was approaching us from our starbord side albeit obliquely we were the stand on vessel, we had priority as he was motoring, but we were also the overtaking vessel which meant that we had to keep clear of him.
who was actually in the right.
 
Indeed.

Had this same discussion amongst racers on the Medway - after having been nearly mown down. The 'Power gives way to sail' seems to spring to their minds first, but is wrong in this case.
 
If you were overtaking him and hadn't got past him then you were still the overtaking boat, and should be giving him a reasonable amount of room. OTOH he shouldn't have changed his course to put him onto a course to intercept you. Also doesn't excuse him being rude and not slowing or going around your stern. "motorsailing" is still motoring.
 
Overtaking vessel is of course the give way one, regardless of means of propulsion. Strangely, the rules don't require a vessel being overtaken to maintain course and speed but not to do so would be silly.
 
Strangely, the rules don't require a vessel being overtaken to maintain course and speed but not to do so would be silly.
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That's the common sense reason.
I guess the legal reason would be in the rule (1?) making it all vessels' duty to avoid a collision. Putting yourself on a collision course with another vessel somewhat contravenes this.
 
There is also this:

17) Action by stand-on vessel

(a) (i) Where one of two vessels is to keep out of the way the other shall keep her course and speed.
 
You were required as an overtaking vessel to stay out of his way until 'past and clear'. Ok, he may have failed in his duty also to hold his course and speed, but can't see that this absolves you of your duty.

At some point you can argue that you are in a different collision situation, but doesn't sound to me that you had completed the first one.
 
No - if you are overtaking the other vessel becuase you approached from more than 22.5 degrees abaft his beam (or within the arc of his stern light) and even if your courses are now parallel you are still the overtaking vessel and remain so until you are past and clear. No subsequent alteration of bearings will make the overtaking vessel a crossing vessel within the meaning of the Rules. The other vessel (under rule 17) should keep his course and speed, but if they don't it does not releive the overtaking vessel of her obligation to keep clear.
 
"So as overtaking vessel when our courses were parallel I had to keep clear, but when he changed course to converge I became the stand on vessel?"

Not quite..... when you where the overtaking vessel then he had a duty to hold his course and speed, and when he failed to do so, he was in breach of the colregs..... I'm not sure that a new situation had emerged yet, so the only compulsion on you was to avoid an accident (as per the colregs)... rather than become stand on under new circumstances..

Its all semantics though.... he was in the wrong.
 
The overtaking vessel keeps clear. It is always obvious which is the overtaking vessel. It is not always obvious that a vessel is motorsailing. yes, you say that you could see exhaust bubbles, but how do you know he was in gear?

The other boat was clearly wrong in not looking to see that all was clear before changing course, but you were still the overtaking vessel, and should have been sufficiently clear.
 
I suppose it might of explained his reaction, as he was 1. unaware of my presence as he had clearly not looked behind for some time 2. he was faffing around a bit and was probably unaware that he had significantly changed course, until he was made aware of a vessel approaching fine on his port quarter. What was clearly a cut and dried situation in my opinion at the time, wasnt that clear to him (giving him the benefit of the doubt)
 
No - if you are overtaking the other vessel becuase you approached from more than 22.5 degrees abaft his beam (or within the arc of his stern light) and even if your courses are now parallel you are still the overtaking vessel and remain so until you are past and clear. No subsequent alteration of bearings will make the overtaking vessel a crossing vessel within the meaning of the Rules. The other vessel (under rule 17) should keep his course and speed, but if they don't it does not releive the overtaking vessel of her obligation to keep clear.
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Exactly. Both vessels have obligations. In the event of a collision, either or both could be in the wrong, depending on the detail. If you're overtaking someone and they swerve because they haven't seen you, make them aware of your presence and avoid them. If he wants to alter course to leave the channel etc, he may have to slow to let you pass, or communicate his intentions so you pass on the appropriate side.
 
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