Near collision

Re: You should be aware

This is not a power/sail issue as it applies equally well between PDVs as well. You seems totally hung up on rule 18 which I have not mentioned at all. If you want a more extreme case you can consider a vessel fishing in a TSS (not a very sensible thing to do, but it is not expressly forbidden by the rules).

Try reading all the rules - you can't just quote one rule out of context., you have to consider all the rules as they interact with each other. What I posted is a slight paraphrase of the definition given in Colregs Rule 8:

(f)(i) A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the rules of this part.

(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with the rules of this part when the two vessels are approaching one another so as to involve risk of collision.

To expand yet again:

(i) Clearly states the sum of the obligations - i.e. to ensure that the vessel of passage has sufficient sea room to manouevre (i.e. you are obliged to avoid getting to a close quarters situation if the vessel of passage could not safely take the actions required by colregs)

(ii) Makes it plain that the requirement "not to impede" acts at greater distances than "risk of collision" and that at some stage there is a transition between the two.

(iii) States explicitly that once "risk of collision exists" the normal rules apply - i.e the vessel of passage may be the give way vessel and the not impeding vessel may be the stand on vessel.

I think your confusion comes from trying to use the conventional every-day definition of "impede" when in Colregs it's definition is clearly laid down and does not precisely correspond to everyday usage.


BTW I would be interested to hear any concrete example where the CG has been critical of forcing a boat to alter course where it could safely do so - one of the problems in a crowded area like the Dover Straits is that the big commercial ships have very little scope for course or speed alterations.
 
Re:A precise answer

I have poled a few (5) guys who drive ships for a living about Ian's problem.

They all answered in the same way really. If the ferry was the overtaking vessel. If the ferry was not influenced by other vessels or the need to stay in or join a channel at a precise point. If the ferry didn't need to maintain a set speed for operational reasons (ferries have good low speed control so this is unlikely). Then he should have given the yacht a bit of room.

If the ferry skipper was in two minds about the yachts intentions he should have slowed or manouvered to keep clear.

Why do you think they agree on this answer. ColRegs or good manners? No.

The cost in time and money to the operator, of having an incident with a yacht will result in the master getting sacked pretty damn quick.

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At risk of stoking this post further...

Last Wednesday night, me approaching Portsmouth on small craft channel, cross-Channel ferry approaching Portsmouth but not yet in channel, Wightlink comes out of Portsmouth and, as it approaches our boat, puts itself just outside of channel slightly starboard to head on to us in small craft channel area but (because tide too low) doesn't turn to run across Gillkicker but keeps coming straight at us. If we'd held course would have had a yellow and white go faster stripe down starboard side.

Rules suggested starboard turn on our part but that would have put us in main channel, albeit reasonably well ahead of cross-Channel ferry but the long route across the Wightlink's twin bows. Alternative turn to port, completely against instincts but into shallow water where it was pretty clear the Wightlink couldn't go. All of that at the end of a 240-mile passage and about 15 hours at sea. In the end did the unconventional, 50-degree turn to port with some throttle to open the gap as soon as possible. Wightlink didn't twitch.

Have a lot of sympathy for the big guys but this seemed slightly like schoolboy bully tactics, especially as the Wightlink had loads of time to stay in channel until clear of us. We were only small boat out there so no need to consider missing things behind us. Nav lights on, radar rigged, bow wash from 10-knot speed, so visible for sure.

Too busy avoiding it to log the name but have timings logged and tempted to report it.

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Re: At risk of stoking this post further...

Kim

Interesting - I crossed the Wightlink ferries several times this weekend and had no problems at all, as usual. It's rare to encounter a problem, but when I do it seems almost deliberate. Without wishing to drag this further:

1) 99.999% of the time the Wightlink ferries are no problem and haven't been for the past 30 tears. They are generally courteous and great seamen.

2) The few remaining occasions they have appeared to be agressive and intent on causing a close quarter situation in open waters. I'm tempted to suspect it's just one or two skippers who are p***ed off with leisure sailors, perhaps for good reasons.

3) I for one am happy to resolve this by seeing an LNTM giving the ferries right of way.

We're never all going to agree (as this thread shows) and I value first hand observations much more than distant opinion (sorry MainlySteam).

Sorry to hear you've been unlucky enough to be on the receiving end of an incident and I do believe that reporting it is the best way to bring about an LNTM.

Tom

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In fairness

First time I've ever had cause to moan about Wightlink in many years of boating in and out of Portsmouth...perhaps it was a case of my sprat being judged to be less important than the relatively distant but very visible P&O mackerel! In fairness I was a bit late getting onto Ch11 so perhaps the Wightlink was encouraged out of the channel by QHM.

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Re: In fairness

Kim, if you feel there was a wrong doing then file an incident report, that is what they are there for and "Q" does respond. Very often the Whitelinks will hold off to allow the larger ferries to enter and depart via the main channel. Happened several times yesterday.


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Re: In fairness

I might do that -- have to confess was puzzled as much as anything else, one of those strange things where you wind up reviewing your own actions to ensure that you didn't provoke or contribute to matters.

Funny thing was I had someone alongside me to whom I was stating that we were using the small ship channel to stay out of the way of the big'uns when the Wightlink suddenly gave us a very solid red and green!

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Re: In fairness

Kim, is there any good reason for not calling up the ferry in these instances and asking why his route was taken, it might inform the ferry skipper that he is coming closer than is comfortable for you and hence modify his future behaviour, or else it might give him a chance to explain why he took his route. In all the instances above I can only think this might have helped - of course the opportunity to "clarify" cuts both ways... :)

<hr width=100% size=1>Rgds

Simon
Its Only Money
Fairline Sprint
Solent-based<P ID="edit"><FONT SIZE=-1>Edited by Its_Only_Money on 05/09/2004 21:17 (server time).</FONT></P>
 
Re: At risk of stoking this post further...

Been catching up on this thread after return from week's holiday. Strikes me there's a lot of hot air with not necessarily that much difference between the two sides.

The point which I think has been implied but not expressed is that COLREGS don't come into play until a 'risk of collison exists'. It must make sense, as John (MailnySteam) and others have said, for a small vessel to make that small (early) adjustment to course and/or speed which ensures that a 'risk of collision' never develops with a large commercial vessel. If that's done, COLREGS is academic. Yes - there may be occasions when that's not possible or isn't done for whatever reason. In that case, COLREGS must apply and be observed to ensure predictability of actions by the stand on vessel.

Regarding: <blockquote><font size=1>In reply to:</font><hr>

I for one am happy to resolve this by seeing an LNTM giving the ferries right of way.

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. Do you have an example of where such an exception to COLREGS exists? It seems to me it could create more problems than it solves. No such exception could sensibly be made to require a vessel being overtaken to 'keep out of the way' of an 'overtaking vessel' (which is where this thread started.

Seems to me (as I think you conclude) Ian had an unfortunate experience with a ferry whose helm/skipper didn't allow a the due safety margin/clearance in overtaking. Why not? We can't know. If there's a pattern with Wightlink ferries, it will appear over time. Perhaps there is a skipper who's a touch 'aggressive'. Perhaps it was an occasional but inevitable 'close encounter' which shouldn't happen but, given the number of ferry movements and leisure boats, inevitably will.





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Mebbe...

...although I happen to subscribe to the MCA school of thought that collision avoidance talk via VHF is not a good thing (despite all the talk between ships in Dover TSS) and so wouldn't have reached for the radio straight off. Plus one could argue there was no real threat of collision because as soon as we clocked the course change we got out of the way long before a consumation of differing hull materials could happen (my favourite reading of Rule 2...staying safe via Coward's Way) and didn't really think too much about it again until logging on and clocking this impressively obese thread!



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Re: Mebbe...

"clocking this impressively obese thread!" Oh you have such a way with words /forums/images/icons/laugh.gif

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Re: At risk of stoking this post further...

I think what has been lost from the original post, and makes discussion of Colregs an aside, is that this incident happened in "open waters" (ie not on the approach or in a channel where the ferry was constrained by draught or navigation marks). This does not seem to be a case of a small boat occupying a channel or recognised transit and "impeding the passage" of the ferry - it would appear that the ferry just wanted to occupy that same bit of water.

I sailed to Portsmouth and back to the IW this weekend and must of seen 15 or 20 ferry crossings. Apart from use of the swashway or channel on the final approach to Portsmouth and the departure from Fishbourne, I don't think I saw a ferry use the same transit twice. Obviously tide and other shipping will influence the choice of transit, but likewise a small yacht on that chosen transit must also have an influence. The effect of giving ferries absolute right of way doesn't bear thinking about - would anyone sensibly consider such a rule giving a particular type of vehicle such priority on the roads?

Incidentally, a LNTM was issued a couple of years ago giving Wightlink Ferries right of way in the approach between the piles at Wootton because they were "constrained by draft". Up until then an approaching ferry waited at the end of the channel on a one out / one in basis. Almost immediately they started bringing the second ferry down the outside of the piles (and channel) and cutting in behind the departing ferry which made a nonsense of the "constrained by draft" argument. There is now a bigger ferry on this route that does the same thing.

The only factor governing these ferries seems to be timetables which are becoming increasingly unrealistic and corners are being cut - not just metaphorically speaking either.

ferry.JPG


(The dinghies nearest are inshore of the linkspan and being kept back by the safety boat. The yachts behind the left hand ferry have kept clear of the channel for the departing ferry only to have the arriving ferry pass through them outside of the channel. Some of those yachts probably draw more than the ferry!)


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Re:A precise answer

I agree with that Peppermint - whether they would be in the right or in the wrong, no fleet operator wants an incident with any other vessel of a nature which will disrupt his operation.

Most large operators, I believe, would take note of any pattern of complaints about the operations of their vessels, even if those complaints come from pleasure boats. But they would balance that against their own problems of similar nature - they are likely to have their own frustrations caused by the behaviour of others (and there have been plenty of posts on these forums complaining of the behaviour of pleasure vessels). In the end though, in crowded waterways there will always be alot of inexperienced pleasure boats or ones making bad judgements and the operator will know that and realise that all he can do is fit in as best he can.

It may be (and I am not making any inference that this is the case with the operator being discussed) that an operator believes that a solution is to be more aggressive so that small vessels learn to treat his with "respect" ie make them wary of closing under any circumstances of rights or wrongs. Obviously that is not a good solution and is not one that should be encouraged but I do not know of any others.

Again not suggesting this is the case, but a port may take a similar approach, and heard in one port was:

Ship: "XXXX Port Control this is MV YYYY we are at ZZZZ proceeding to enter."

Port Control: "No other commercial movements at this time but there are many yachts in the harbour. I suggest you just blow your horn and scatter them out of your way"

And that is what happened.

John

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Re: Reporting incidents

If you believe that you have been involved in an incident with a ship the port authorities do want to know.

This is not a crime and punishment thing it's just a statistical management type of thing. Looking for trends and areas of concern.

So do put pen to paper. Don't phone in though.

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Re: At risk of stoking this post further...

In reply to:
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I for one am happy to resolve this by seeing an LNTM giving the ferries right of way.
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. Do you have an example of where such an exception to COLREGS exists?

Is this such an example???

http://www.forthports.co.uk/ftns/NOTICE TO MARINERS NO.5.2002 - ROSYTH FERRY OPERATIONS.pdf

Once again, I'm not on an agenda here - I'm trying to learn about the implications of mixing with the "big boys".

Tony S

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Re: In fairness

Kim, I think your comment that this is the first time you have had to moan about Wightlink sums up the point of the original post.

For a great many years Wightlink have shown their vessels are capable of operating safely in waters crowded with amateur yachtsmen - obviously amongst whom are experienced seamen, but also, prats, twits, drunks, novices, and the downright bloody minded. A professional skipper encountering this sort of situation regualrly becomes highly skilled at shaping a course which presents the least possible risk to his vessel and its schedules, and to allow for the unpredictability of the smaller vessels he is encountering.

Wightlink are, for the most part, very very good at this indeed, and have been for a very long time.

BUT: certain of their skippers are now behaving erratically, unpredictably, and apparently agressively, with the result that their reputation and our lives are increasingly at risk in these encounters.

'Scattering the yachts with the hooter' is sometimes the only option for the larger vessel operator - I have done it myself. But charging aggressively at them unannounced regardless of colregs is both unsafe and unprofessional, and must be reported to the authorities. If enough such reports appear MCA and QHM will take notice, and have the authority to investigate and deal with offenders - on both sides!

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Re: In fairness

Glad it's not just me then being bullied.- Being overtaken left me with no cowards way out the one I wanted.

Never thought the thread would get this big, sorry!

Ian

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