When Do COLREGS Begin to Apply?

Cornishman

Cornishman

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In the last few days Members of the Royal Institute of Navigation have received the January edition of the Journal which has a paper asking just this question. The paper by Prof John Kemp takes a look at a study by one Jinsong Zhao into case law asking when do the steering and rules begin to apply, is it when the risk of collision exists or is it just before the risk exists?
The lawyers have had great fun, and probably made a lot of money, dealing with this over the years but have not come up with any answer for the practical sailor.
So, what do you think?
 
Rule 1 Section A:

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These rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.


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Sounds simple. I guess this is the answer to "where" rather than "when" but I'd read this to be "if you are where they apply, then they apply all the time". But of course lawyers will argue anything.
 
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...when do the steering and rules begin to apply, is it when the risk of collision exists or is it just before the risk exists?...

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Can you check your question?

I take it that you are referring to certain rules rather than the rules overall as rules such as shapes and lights exist to prevent collisions as opposed to coming into play when a risk of collision exists.
 
“when do the steering and sailing rules begin to apply, is it when the risk of collision exists or is it just before the risk exists?”

To be pedantic, which is what lawyers are famous for being, the risk always exists.

If I leave my Solent marina and dawdle over to ,say, France, at the very moment I leave my berth there is ,say, a tanker hurtling through the Dover Straits which could, possibly be a collision risk to me at some point in the future.

The problem is that it would take a statistician ( and a pretty neurotic one at that) to define the risk.

Nevertheless the risk is always there, however small.

So there is no ‘before’.

The above situation is unreasonable and so I think the question should be rephrased;

“ is it when the reasonable risk of collision exists ?”

and the answer must be ‘yes’ to this and ‘no’ to the ‘just before’ as this is unreasonable.
 
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Can you check your question?

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I don't see the point of your question. Part B (Rules 4 to 19) are the steering and sailing rules while shapes and lights are covered by Part C (Rules 20 to 31)

Check your own quote and you will see that we are dealing with steering and sailing rules here.
 
As the question arises from a study of case law over the years it would seem that there have been arguments in law courts around the world about this. It must be assumed that every case studied followed an actual collision which is when the arguments begin.
It seems that in some cases lawyers have suggested that the rules apply just before the risk of collision exists thereby avoiding the risk of risk of collision! Hmmm!
 
This is a wonderful question. I admit to being a lawyer but this is not my area so please don't suppose I have any special knowledge and I cerrtainly won't be getting rich as a result. I haven't looked at the case law.

My "common sense" answer is, "just before the risk of collision exists".

The reason for saying this is Rule 8(e) which states:

"If necessary to avoid collision or allow more time to assess the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion."

The reference to allowing more time to assess the situation has always suggested to me that the rule could apply so as to govern the behaviour of a vessel which is not in risk of collision with another but whose skipper thinks there might be such a risk even if he decides that there is not.
 
Ah but -

Rule 7 (a)... If there is any doubt such risk [of collision] shall be deemed to exist. !!!

So the skipper who thinks there might be a risk ( even if he later decides there isn't) must (shall) behave as if there is.

If, like me, you see everything afloat that is bigger or faster than the boat I am in as a potential risk then there is no 'before', it's ongoing....


Lots of fun....I would like to see those court records, must be mad reading.....
 
The really scary thing about reading legal cases is that occasionally the judge is so bright that it all becaomes crystal clear when you read the judgment.

Unfortunately, five minutes later when you try to explain it to someone else, it's all somehow become unclear again.
 
IMHO they apply at all times. If not then they should do. If not then you are surely putting the onus on the individual skipper to decide if & when the rules apply to him. Just a thouhgt.
 
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...Check your own quote and you will see that we are dealing with steering and sailing rules here.

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If you check your original post (which I quoted) you will see you left out "sailing" - you have clarified it now.
 
Rule 1 states the IRPCS applies when :-

You are in command of any craft being used for transport on water, if the vessel is on the high seas or on navigable waters connected to the high seas.

Rule 2 makes it clear that mariners can not hide behind behind the rules and use them as an excuse. It is worded so that seamen are able to use their judgment and experience to deal with unusual situations which would be impossible to predict and legislate for.
 
When considering an MCA Orals question along similar lines:

"You sight a vessel 12 Miles away and at that distance, the bearing is steady. Does risk of collison exist?"

The answer is "No - not at that distance". The reason it's NO is because as soon as you JUDGE risk of collision to exist you are then bound by the rules. For example, if you are both Power Driven Vessels and it is on the starboard side you MUST take action in accordance with the rules because you JUDGED Risk to exist. Similarly, if the vessel was on the port side, you MUST stand on as as required by Rule 17. It is simply unrealistic at these ranges.

However, this doesn't help with when you SHOULD judge risk of collison to exist, but primarily this revolves around both vessels size and speed and their relative distances apart. Rule of thumb for large vessels would be at a range of about 6 miles you start to consider that risk of collison is there. Smaller vessels are likely to get much closer due to their [possible] greater manouevrability.

At the endf of the day, if you ghave a collision, both parties will be at fault (unlike in driving where one party is always 100% in the wrong) and it will be up to the maritime court to apportion blame based on the decisons taken and adherance to the rules as opposed to the number of rules broken. In the end the only winner would be the lawyers.

Hope above helps.
 
I think the point of this question is not "when do the colregs start to apply?", because clearly the rules about keeping a lookout, proceeding at safe speed, showing appropriate lights and shapes etc do apply all the time, whether there is anyone close enough to see them or not.

I presume it is "When do the steering and sailing rules kick in?" -- i.e. if I am likely to be the stand-on vessel in a potential collision situation, at what stage do I have to shoulder that responsibility?

I researched this recently for a book, and so far as I have been able to establish, the most authoritative legal precedent dates back to Lord Esher in 1887, who said "Nobody could seriously contend that if two ships are six miles apart the Regulations for Preventing Collisions are applicable to them".

Time has moved on, and ships have got bigger and faster, but so far as I can tell, Lord Esher's reasoning has yet to be overturned.

In the book, we have suggested that any collision situation has four phases:-
Preliminary: no risk of collision, both vessels free to manoeuvre
Phase 1: as soon as one or both watchkeepers identify a collision risk, the colregs kick in, and the obligation to stand-on begins
Phase 2: if the stand on vessel considers that the give way vessel is not taking sufficient action, he has the option of taking avoiding action himself. For ships in open water, this is likely to be at a range of about 2-3 miles
Phase 3: when the two vessels are within four ship-lengths (of the larger vessel) it is too late for effective avoiding action by the give way vessel alone, so the stand on vessel is required to manoeuvre to minimise the danger.
 
"we have suggested that any collision situation has four phases"

or four stages as Cockroft and Lameijer put it ;

Interestingly they suggest 5 - 8 miles for the outer limit of their 2nd stage ( your Phase 1) and the same (2 - 3m) for the next stage (phase)

Their maximum 8m limit is more than Lord Esher's 6m - would this stand up in court ?
 
I am no lawyer, but in 40+ years professional and amateur sailing I have foiund it safest to take Colregs to be pre-emptive. That is that they require you to navigate in such a way that the risk of collision is avoided.

To take the MCA question quoted above (I did that oral too) - the correct answer is no, not yet. But, from the time that it is established that the vessel is on a constant bearing you should be planning to take action as prescribed under Colregs should a potential collision situation develop with that vessel as it approaches. You should also review what alternative actions are reasonably open to you to avoid collision should the other vessel not act as you expect. (The requirement that stand on vessels must act as necessary to avoid collision)

In other words, as always at sea, you should be ready for any eventuality before and as the collision risk develops.
 
Oho, you're that Tim Bartlett geezer! I was re-reading your RYA Nav handbook yesterday. Excellent book, if you don't my saying.
 
Thank you for your advice folks,getting a watch to work together as a team to achieve all the above is what it`s all about just now,I play safe and go by the book regards the Rules. The "distance" blatantly depends on the circs. Regards Jerry
 
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