pteron
Member
l'escargot said:No, it is only under power if "propelled" by the machinery, it isn't under power if the engine is out of gear.
jfm said:With apols for my pedantry, but that isn't correct. The Colregs as a whole are (imo) a terribly badly drafted set of rules, full of ambiguities and in need of a thorough re-write, but you have taken it further and seen what you want to read, not what is written. The definition of a mobo involves "propelled by machinery", and in that case it's clear the draftsman didn't intend that a vessel isn't "power-driven" merely because it is in neutral. But the definition of "under sail" uses different words: it requires that any propelling machinery is not "being used" and doesn't at all use the words "propelled" or "propelled by machinery". You may argue, but you cannot say for sure as you do above, that an engine temporarily in neutral isn't "being used". I'd say that it is "being used", fwiw.
In my opinion jfm is incorrect.
'being used' implies that it is used for the purposes of the rule, i.e. propelling the vessel.
What say you?