Who's at fault

Tug. The ferry was stand on, but should have at least attempted to avoid a collision, i.e. hard turn to stbd and should have sounded five short blasts, but looking at what has been presented not much he could have done.
 
So I take it that next time I'm cruising down river to the harbour and some marina queen blasts out the gate and hits me I'm at fault? The ferry was behind a moored ship and blithely steamed into the channel. He's got to share blame surely?
 
Tug
Not both -we cannot see what's to Stb of the ferry
There has to be some "order" -the ferry is the stand on
So if a person enters a motorway ( usually a confused OAP) down the wrong side. So ends up facing on coming cars ,it's both drivers fault ? Or if some on comes round a bend on the wrong side of the road it's both drivers too ?-even through avoiding action may be taken ?
Err Nope ,cos there's a sence of order -highway code
Using some sort of " it's the responcabilty of both parties to avoid a collision " as I kind of cop out for the tug or the drivers in the road example is wrong in my book .
The "fault "is the one who does not follow the Col regs in boat or highway code in a car forcing other drivers to move over -it does not matter if they touch .
So if the ferry had turned hard to STB to avoid a collision -the tug still is at "fault"
 
Tug but the ferry might have done more to avoid it, like a big turn to starboard and five blasts. That said we can't see what's to the ferry's starboard so that might not have been an option.
 
Tug
Not both -we cannot see what's to Stb of the ferry
There has to be some "order" -the ferry is the stand on
So if a person enters a motorway ( usually a confused OAP) down the wrong side. So ends up facing on coming cars ,it's both drivers fault ? Or if some on comes round a bend on the wrong side of the road it's both drivers too ?-even through avoiding action may be taken ?
Err Nope ,cos there's a sence of order -highway code
Using some sort of " it's the responcabilty of both parties to avoid a collision " as I kind of cop out for the tug or the drivers in the road example is wrong in my book .
The "fault "is the one who does not follow the Col regs in boat or highway code in a car forcing other drivers to move over -it does not matter if they touch .
So if the ferry had turned hard to STB to avoid a collision -the tug still is at "fault"

So if you are calmly driving down a suburban road and someone pulls out of his driveway directly in front of you causing an impact - who is at fault?
Having watched the video again I am inclined to a view that the ferry skipper was the dangerous driver who moved his boat into the path of the tug.
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So if you are calmly driving down a suburban road and someone pulls out of his driveway directly in front of you causing an impact - who is at fault?
Having watched the video again I am inclined to a view that the ferry skipper was the dangerous driver who moved his boat into the path of the tug.
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As has been said before there will be a proportioning of blame by %, but imho the tug was the give way vessel and made no attempt to slow down or turn away to avoid the collision. If the ferry had slowed down it may still have been hit, just further forward. And we don't know if he could have turned to starboard.
 
As has been said before there will be a proportioning of blame by %, but imho the tug was the give way vessel and made no attempt to slow down or turn away to avoid the collision. If the ferry had slowed down it may still have been hit, just further forward. And we don't know if he could have turned to starboard.
Quite right, ljs. Amazing lack of knowledge of the ColRegs on this thread. Judging by the fact that the tug didn't seem to deviate or reduce speed until the collision occurred, it looks like the tug helmsman either failed to see the ferry or this was some kind of deliberate act
 
Quite right, ljs. Amazing lack of knowledge of the ColRegs on this thread. Judging by the fact that the tug didn't seem to deviate or reduce speed until the collision occurred, it looks like the tug helmsman either failed to see the ferry or this was some kind of deliberate act

I was waiting for someone to come up with ColRegs. Right of way does not imply an exoneration of fault.
 
Right of way does not imply an exoneration of fault.
Well, since you gave a straightforward "both" as an answer to the OP question, you seemed to imply the opposite - which is also a bit of a sweeping generalization in my books, 'innit? :rolleyes:
 
I was waiting for someone to come up with ColRegs. Right of way does not imply an exoneration of fault.
Indeed it does not and the stand on vessel is also required to take action to avoid a collision but as has already been pointed out, we can't see whether the ferry has the room to turn to starboard or not and in fact, to me, it does look as though the ferry has started to do so just prior to the collision. Either way the primary cause of the collision is the failure of the tug as the give way vessel to take avoiding action. Forget all this nonsense about motorways
 
But the ferry also did not slow down or check the passage was clear on exiting past the ship to port and entering the main channel. This to me is akin to a Mobo steaming out a marina gate when I am already making way in the channel and clobbering me to port. Colregs say he has right of way, common sense and courtesy say otherwise, but the overiding consideration for both is saftey. It is on this point that I say both are at fault. The ferry did not take into consideration they were exiting a blind spot and carried on blithely. The tug is also at fault.
 
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