I think that you may find that the regs consider that a supertanker with its engines disengaged but under way(and not moored , berthed or under tow) and in open and free water is considered to be a vessel 'not under command' and as such because of her limitations is afforded a wide berth by all other craft 'making way'......hence the regs and as a previous post implied the spirit of the regs recognises the very clear difference between a craft that has its means of propulsion in operation and one that does'nt . This is further emphasised by the recognition that a means of mechanical propulsion is more adaptable than one of sail....but that one of sail is still more functional then none at all . Therefore a sidewinder drift fishing vessel that needs to maintain its engine functions in order to maintain its cold storage ability is whilst not making way not a power driven vessel though she is of course a vessel normally driven by power.....but at this time she is not been driven, that is to say not been propelled....but of course her engine is running in order to provide the requesite power for her job of work ..........oh god to have fallen into the clutches of lawyers.....pray have mercy upon my soul....as when they have finished not much else shall remain......
balls in your court simon.....kick ass!!!
I really don't want to disagree, honest I don't! I just can't help it. It's in my blood. It's in my soul.
"Vessel not under command" = one which "through some exceptional circumstances is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel" - Rule 3(f).
Ignoring supertankers for a moment, your average ship is not going to be "not under command" just because her engine isn't in gear, because having her engine out of gear is not "exceptional circumstances" which make her "unable to manoeuvre". She always has the option of putting her engine in gear.
It's obviously a different kettle of fish if there something wrong with her propulsion system, then she might well be not under command.
with respect m'lud.....I'd like to suggest that that a supertanker in the open sea with its engines disengaged for what ever reason is 'not typical; unusual' and that is the OED definition of 'exceptional circumstances'...... and is thereby a vessel as in 3f 'not under command' ....that she may choose to change her state having sighted another craft is again not relevent...if she shows the signals that mark her condition then she is to be considered as in that condition.....thereby she is not a vessel propelled by machinary though of course she has functioning machinary on board her state is still that above as is an auxillary yacht which when propelled by sail is a sailing vessel and remains so untill the propeller is engaged....ohhhh no not another ass kicking coming along!!!!