What would you have done?

[RichardS]

He has already admitted he didn't have one hoisted, the fact that "I am not aware", is not relevant either.

He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

"I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes. :encouragement:

Richard

 

[Resolution]

I am the forum legal expert on all such matter so what I say goes. :encouragement:

Richard

RESPECT:cool-new:

 

[scotty123]

He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

"I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes. :encouragement:

Richard

Expert in Maritime Law?
So in poor viz, you are bouncing along at 25knts & see something with a sail in front.
Which way is it heading?

 

[RichardS]

Expert in Maritime Law?
So in poor viz, you are bouncing along at 25knts & see something with a sail in front.
Which way is it heading?

Now that's an interesting question because, in real world situations, there have only ever been two scenarios raised on the forum which are not specifically addressed by the writers of ColRegs, and should be. Modesty forbids me to mention who discovered these maritime equivalents to "The West Lothian Question".

One concerns the heading to be taken across the central separation zone of a TSS and the other concerns the status of a vessel sailing under backed foresail only. The immediate question is, therefore, whether the sailing vessel in your question is sailing under backed headsail only. If it is, it's probably heading home. :encouragement:

Richard

 

[awol]

"Even then he (the OP) was stand on vessel" so if there had been a collision the motor vessel would be 100% liable for not "giving way" under that section of ColRegs. No Catch 22, surely?

Richard

Nope! "Give way" has obligations too.

 

[capnsensible]

He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

"I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes. :encouragement:

Richard

Yes well qualified.

An Ex is a has been.

A 'spert' is a drip under pressure.

 

[[2574]]

Nope! "Give way" has obligations too.

Do you mean “Stand On” has obligations too?

 

[RichardS]

An Ex is a has been.

A 'spert' is a drip under pressure.

Wowser Captain ... did you think of that yourself?

Richard

 

[RichardS]

Nope! "Give way" has obligations too.

Yep. In the two vessel situation described by Robih, "give way" also has the obligation to errrrr ..... give way.

Richard

 

[RichardS]

RESPECT:cool-new:

Richard

 

[DJE]

Expert in Maritime Law?
So in poor viz, you are bouncing along at 25knts & see something with a sail in front.
Which way is it heading?

Maybe slow down a bit and have a better look?

 

[scotty123]

Maybe slow down a bit and have a better look?

He was in a hurry.

 

[Resolution]

He was in a hurry.

Rule 6?

 

[dom]

Rule 6?

Safe speed? Hard to argue with that!

 

[RichardS]

Safe speed? Hard to argue with that!

But why would I be bothered which way the sailing boat is heading anyway? It's poor visibility so all bets are off. :encouragement:

Richard

 

[scotty123]

But why would I be bothered which way the sailing boat is heading anyway? It's poor visibility so all bets are off. :encouragement:

Richard

It wasn't a "sailing boat" though was it, or are you also confused by the lack of cone.

 

[rogerthebodger]

image: http://www.ybw.com/forums/images/ybw/misc/quote_icon.png

Quote Originally Posted by capnsensible
image: http://www.ybw.com/forums/images/ybw/buttons/viewpost-right.png

An Ex is a has been.

A 'spert' is a drip under pressure.

image: http://www.ybw.com/forums/images/smilies/wink.png






Wowser Captain ... did you think of that yourself?

Richard

I've been using that for years, as I am a "has been" and when under pressure never smoke but do burst into flames, so need a drip under pressure (spert) to put me out.

 

[RichardS]

It wasn't a "sailing boat" though was it, or are you also confused by the lack of cone.

You said that it was at sea, had a sail in front and had a heading and is therefore presumably something which moves, so prima facie, that would suggest that it is a "sailing boat". However, as I explained, in poor visibility it doesn't matter what kind of boat it is, whether it has a cone or where its heading to .... from a ColRegs viewpoint.

Richard

 

[scotty123]

You said that it was at sea, had a sail in front and had a heading and is therefore presumably something which moves, so prima facie, that would suggest that it is a "sailing boat". However, as I explained, in poor visibility it doesn't matter what kind of boat it is, whether it has a cone or where its heading to .... from a ColRegs viewpoint.

Richard

But doesn't suggest it was a "sailing boat" operating as a 'motor powered vessel', with manouvring capability to match. "My vessel was motor sailing so could easily manoeuvre"

 

[RichardS]

But doesn't suggest it was a "sailing boat" operating as a 'motor powered vessel', with manouvring capability to match. "My vessel was motor sailing so could easily manoeuvre"

Errrr .... I may well possess of the UK's top legal minds but the relevance of that certainly has me stumped.

Richard