Right of way - what would you do???

  • Thread starter Thread starter SVB
  • Start date Start date
S

SVB

Well-Known Member
Joined
5 Oct 2007
Messages
82
Visit site
Folks,

I had an event happen at the weekend that I still feel anyoyed about, just not sure if I should or not.

For those that know the area I was passing Swanick marina in my 34' mobo heading up stream. (Standard river marina layout, pontoons coming from shore with boats moored on fingers).

A very large princess - probably 80 - 90' which was being helmed from the 3rd floor flybridge position (so able to see over the moored boats) came straight out into the channel from between the pontoons causing both me and a small tender to take evasive action without so much as acknowledging what had happened.

What is the correct 'rule of the road'. Is 'might right' in this sutuation or should he of paused at the exit of the marina pontoons and waited for me and the tender to pass (we were the only vessels in sight in either direction)?

Any thoughts would be appreciated.
 
SVB said:
Folks,

I had an event happen at the weekend that I still feel anyoyed about, just not sure if I should or not.

For those that know the area I was passing Swanick marina in my 34' mobo heading up stream. (Standard river marina layout, pontoons coming from shore with boats moored on fingers).

A very large princess - probably 80 - 90' which was being helmed from the 3rd floor flybridge position (so able to see over the moored boats) came straight out into the channel from between the pontoons causing both me and a small tender to take evasive action without so much as acknowledging what had happened.

What is the correct 'rule of the road'. Is 'might right' in this sutuation or should he of paused at the exit of the marina pontoons and waited for me and the tender to pass (we were the only vessels in sight in either direction)?

Any thoughts would be appreciated.
Click to expand...

I dont know about specific bylaws on the Hamble so I'm ignoring those. If you were going upriver then the Princess's course and yours were roughly at right angles. He was on your starboard side, so you were the give way vessel. Sure there are loads of other ColRegs rules and factors, but that's the basic starting point
 
Yes, the Hamble is tidal all the way up to and past the last marina. However, it was approx HW stand at the time so no big deal.
 
IIRC the by-laws on the Hamble give the boat in the channel right of way. Speak to the harbour master.
 
Don't know the bylaws or the local area but:

You are going upstream?

You have traffic coming from the right?

He is coming cross current?

He is a large vessel subject to windage?

He is in a confined area with boats either side?

If he stops he will lose steerage?



In a case like that, surely good seamanship will say sod the bylaws, I'll be courteous and let him out, giving signals to that effect as appropriate ?

Then again, I wasn't there; but have done similar things on the river to avoid a deteriating situation getting worse.
 
tinkicker0 said:
Don't know the bylaws or the local area but:

You are going upstream?

You have traffic coming from the right?

He is coming cross current?

He is a large vessel subject to windage?

He is in a confined area with boats either side?

If he stops he will lose steerage?



In a case like that, surely good seamanship will say sod the bylaws, I'll be courteous and let him out, giving signals to that effect as appropriate ?

Then again, I wasn't there; but have done similar things on the river to avoid a deteriating situation getting worse.
Click to expand...

I agree. Act early, clearly and smile.
(He might be surprised into being more considerate next time.)
 
Many thanks for the above thoughts.

The thing that really annoyed was the attitude I think as a simple 'thanks' would not have hurt. Even when I do have 'right of way' I acknowledge those that have altered speed / course in anticipation as do most others.

Anyway, fume / rant over, bring on the sunshine and the weekend!
 
Just to be picky ...

You are not Right of Way - only Stand On ....

Unless you're racing ... when a different set of rules comes into play - but only between vessels that are racing.

(I don't think any by-laws would include the term Right of Way - but stand to be corrected)
 
No point worrying about yesterdays news. Common sense would lead you to the conclusion that he should have only pulled out when the channel was clear. Maybe he just didnt look (in which case he wouldn't have seen your avoiding action hence no acknowledgement), maybe he thinks a bigger boat automatically gives him right of way (big boat arrogance) or maybe inexperienced. Whichever, just congratulate yourself on having the necessary skills and awareness to avoid an incident. BTW my experience of big mobos around marinas is that they are generaly the most considerate.
 
It's a few years since I moved away from the Hamble, but I don't recall anything in the byelaws that gives "right of way" (whatever that may be) to vessels using the channel over those that are crossing it.

Rule 9 doesn't support your case: if anything, the skipper of the Princess might argue that he was navigating in a narrow channel or fairway, and that Rule 9b requires vessels under 20m not to impede his passage.

But I agree that it's essentially a straightforward crossing situation, in which you are required to give way to a vessel crossing from your starboard side.

I suppose, if there had been a collision, your lawyers might have tried arguing that he was not keeping a proper lookout or that he was navigating at an unsafe speed -- but I think you would be on pretty dodgy ground with either of those unless he was going far faster than cold be justified on the grounds of "maintaining steerage way".

But I also agree that an acknowledgement from him would have been good -- it would have cost him nothing and would have left you feeling good about the incident instead of fuming.
 
I suppose if there was any wind at all then he could not have stopped as that would have blown him into one of the fingers and so thought you could avoid him easier than he could avoid getting blown into other boats. Certainly it seems you were the give way vessel but it would have been courteous if he could have acknowledged your avoiding action.
 
It wasn't a personal reply - just to the thread in general - and the subject of the thread is "Right of way - what would you do???" ... ;)
 
Able to see from upstairs or no, did he give a nice long warning toot? You might argue that one should have been expected (I do that on blind exits from places like Shepperton Marina)

Tell him he owes you a beer at that nice waterside pub:-)
 
timbartlett said:
Which rule says that? Please explain.
Click to expand...

The rule of common sense and good seamanship, or are you saying any idiot can barge their way out into a channel with no regard for anyone else? If you want colregs, 2a should cover it. I don't think anyone on here would defend a vessel, shall we say a sailing boat for instance, claiming stand on rights to enter a busy channel and causing other boats to take avoiding action.

From the original post it sounds to me that the helm of the larger vessels was using the principle of "might is right" which is neither good seamanship or in accordance with any rules.
 
There is no such thing as 'Right of way' as such
Yes, learn the rules of the road / col regs verbatum if you wish, I had to once.

I look at this kind of situation this way.

I am smaller than him
I have the ability to alter course or whatever for a few moments then get on my way.
So no sweat
Plus I treat others on the water like they don't know any rules etc etc

Perhaps the Helsman was cr*pping himself, could have been his first time with said vessel, we don't know
Too scared to lift a finger or two to wave as it were!

Generally speaking in our 'small' mobos up to 60ft ish, we have the ability most times to keep clear of other water users who have manouvering difficulties
Like Raggies, 'Trip Boats' , Ferries work boats an commercial vessels of various sizes.
Vessels constrained by their draft etc etc etc

In our Marina fer instance 'port to port' doesn't work because of the layout of the pontoons and the nature of the entrance therein

We have a narrow bit of water locally where the tide runs up to 8kts regularly (swellies) , certain vessels have probs there
So most quick/powerfull mobos just become the 'give way' vessel whatever the rules say
Cos its common sense as the tasty Frog said.

Now I must say this
I have been on commercial vessels.
Not big uns
Recently (well last year) helming summat that was 150 tons
The Beggars that were 10 times bigger , certainly made me alter course when I was the 'stand on vessel'
So taint us lot that pootle about for pleasure I can reliably inform you!!
 
You must log in or register to reply here.

Share this page

Top