Chapter - 04

Rules Of The Road; Rights Of Way

Allof us on land have had the experience upon walking down the street of meeting another pedestrian, turning to the right and having him turn to his left, then turning to the left and having him turn to his right and finally bumping him. To the pedestrian on the sidewalk, such action and such a collision is comical but between two boats on the water, it is serious, yet boats often behave like human beings and do that very thing.

Besides, in the case of pedestrians on the sidewalk and even in the case of automobiles in the street, it is a fairly simple matter to keep clear of such approaching danger as both pedestrians and motor cars follow fairly well defined paths or channels and by keeping to their own right, the danger of collision is eliminated. However, on water it is a far different matter. Except in a very limited number of cases, there are no narrow paths or channels to follow. Boats as a rule have a wide expanse of water on which to navigate, with their paths or courses constantly crossing those courses of many other craft which may be in the immediate vicinity. Therefore, the caution which must be observed on the water, even if the traffic may be much more limited than it is on land, is far more serious and important than on the sidewalks and streets.

To prevent such things as collisions, very carefully considered rules have been laid down so that the duty of the skipper in charge of any boat under any meeting, overtaking or crossing situation is pretty definitely prescribed. The rules which prescribe such duties and actions are of three general classes: First, there are the International Rules of the Road adopted at conventions among maritime nations. The second type is the Inland Rules of the Road. These rules are enacted by the Congress of the United States and are law. The Inland Rules authorize the Secretary of Commerce to issue regulations based upon the Inland Rules and these regulations are issued in what is commonly known as the Pilot Rules.

Duty Of Man At Wheel

It should be remembered as the first principle to learn, that the man at the wheel while he is on watch has but one duty in life—the safe guidance of his ship. Everything else should be absolutely out of his mind until his boat is brought to her destination or the command is turned over to another person.
A Captain or person in charge is the absolute authority over the guidance of his ship as well as being responsible not only for her safety but for the safety of all on board. Under ordinary conditions the judgment, instructions and commands of the Captain must be complied with and may not be questioned.

Safety First

The Golden Rule for small boat handling is Safety First and Keep to the Right. Indecision of action or those actions having an obscure motive may mislead the other vessel and confusion may result. Time should never be considered wasted if safety is at stake. When there are alternate methods of avoiding danger, the safer of the two should be selected.

Rules Of Road Applicable To All Types Of Vessels

The rules of the road are applicable to all types of vessels when under way. Therefore, they apply with equal force whether a boat has headway or sternway. They apply to craft which are adrift or not under control. They apply to boats driven by steam, motor or sail power, ferry boats, pilot boats, tugs and tows, sailing vessels and, to some extent, to a vessel propelled by hand power and the current.

When Is A Vessel Underway?

A boat is considered underway when she is not at anchor, aground or made fast to the shore. Under all other conditions except these three, a boat is considered underway and the Rules of the Road are applicable.

Where Inland And International Rules Prevail

The Inland Rules are those applicable to the navigation of all vessels on all harbors, rivers and inland waters of the United States tributary to the sea, including coastal waters inshore of the lines established by Congress as dividing the inland waters from the high seas. Upon the high seas, that is, waters outside of these established boundary lines laid down, the International Rules apply. The inland rules also apply (generally speaking) at all buoyed entrances from seaward to bays, sounds, rivers etc. for which specific lines are not prescribed by the Pilot Rules, inshore of a line drawn approximately parallel with the general trend of the shore, drawn through the outermost buoy or other aid to navigation of any system of aids. The Pilot Rules list in detail the lines of demarcation which have been established between the inland waters and high seas.

Generally speaking, waters wholly within any one state are not federal waters but are under the jurisdiction of the State. For example, Lake Champlain located on the boundary between the states of New York and Vermont is Federal water and the Inland Rules of the Road prevail. However, Lake George, wholly within the State of New York, and Lake Hopatcong, wholly within the State of New Jersey, are not Federal waterways. The former is controlled by the navigation laws of the State of New York while Lake Hopatcong is under the jurisdiction of the State of New Jersey.

In some respects the state navigation laws are similar to those of the Federal government yet in other respects the laws of the states differ considerably among themselves and with the Inland Rules.

The International Rules prevail on waters outside the territorial waters of the United States. In most instances the inland and International Rules are identical. In others they differ.

Fundamental Objects Of Rules

The fundamental objects of the Rules of the Road whether they be the International, Inland or Pilot Rules are to prevent collisions at sea or on the water. Therefore, it may be assumed that the Rules of the Road are applicable only when danger of collision exists. Danger of collision may be deemed to exist also when there is uncertainty or doubt from any cause.

In Case Of Accident

In case of collision or other serious accident between vessels, it is the duty of the person in charge of each vessel to stand by the other vessel until he has ascertained that she is in no need of further assistance. He must render to the other vessel, her master, crew and passengers such assistance as may be practical and necessary so far as he can do so without danger to his own vessel. He must also give the name of his own vessel and her port when requested.

Boats involved in a marine casualty or accident either to hull or machinery, equipment, crew or any persons or when any persons are injured or any lives are lost, immediate notice thereof must be forwarded to the nearest Local or District Officer of the United States Coast Guard or to Coast Guard Headquarters, Washington, D. C.

Duties Of Privileged And Burdened Vessels

In the eyes of the Rules of the Road, that is, the laws to prevent collision between two vessels, one of the two vessels must necessarily be considered to have the right of way. This vessel is called the privileged vessel. The other, which is the vessel which must give way, is known as the burdened vessel. In all of the rules, no matter is what phase of boating they refer, the privileged vessel must hold her course and speed. The burdened vessel must adopt every means known to keep out of the way of the privileged vessel.

When Departure From Rules Is Allowable

As the Rules of the Road are written to prevent collision rather than to cause it, it follows that situations might develop of such a nature that, if the rules were complied with, a collision would be inevitable. This has led Congress to adopt the following rules to prevent collisions, which become effective when special circumstances warrant:

"In obeying and construing these rules, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the rules necessary in order to avoid immediate danger." Also the following rule: "When, in consequence of thick weather or other causes, the vessel which has the right of way finds herself so close that a collision cannot be avoided by the action of the giving way vessel alone, she also shall take such action as will best aid to avert collision."

Both Vessels May Be Responsible

By the above two rules, to a greater or lesser degree, the responsibility for an accident is up to the masters of both boats. If for any reason an accident cannot be prevented by one of two boats, namely the boat which is supposed to give way, then the other boat must do all in her power to prevent a collision. In the case of motor boats which are, or at least should be, able to stop within almost their own length as well as to maneuver readily, there is little to relieve them of some of the responsibility for an accident, especially when a commercial or vessel of large size is the other party to the situation.

The Danger Zone

The area around one's boat located clockwise from dead ahead to two points abaft the starboard beam might well be called the Danger Zone. It is this area which should give the skipper the greatest concern. Other boats located in this Danger Zone which are approaching the course of your boat have the right of way over your boat. Consequently your boat must keep clear of boats in the Danger Zone.

Boats located outside of your Danger Zone which are approaching your course must give way to you. You have the right of way over all such boats.

The fact that the Danger Zone is located in the area from dead ahead to two points abaft the starboard beam is an excellent reason to locate the steering wheel on the starboard side of one's boat instead of on the port side if the wheel has to be located on one side or the other. With the steering being done where the best and an unobstructed view of the Danger Zone can be obtained, it works out for the greatest safety. Should the steering wheel be located to port, there would be danger that deck obstructions, persons on deck, etc., would hide, to a greater or lesser extent, this important Danger Zone.

At night, boats in your Danger Zone show you their red side light—the danger signal for you to give way. Boats outside the Danger Zone show their green side light—the clear signal to you that they must give way.

Points On The Bow, Beam Or Quarter

The directions Dead Ahead and Astern are too well known to require any explanation. Directions and bearings between dead ahead and astern are given names, first depending upon whether they are on the boat's starboard (right) or port (left) hand. Then the 180 degrees between dead ahead and astern on each side are divided into 16 equal parts (114 degrees each) called points. The first point to the right of dead ahead is known as 1 point on the starboard bow; then 2 points on the starboard bow; 3 points on the starboard bow. The 45 degree direction is called 4 points or broad on the starboard bow. The next point aft is called 3 points forward of the starboard beam, then 2 points forward of the starboard beam; one point forward of the starboard beam. Then on the starboard beam.

Working further aft the points become, in order, 1 point abaft the starboard beam; 2 points abaft the starboard beam; 3 points abaft the starboard beam; then 4 points or broad on the starboard quarter. The next point aft is known as 3 points on the starboard quarter; 2 points on the starboard quarter; 1 point on the starboard quarter, and astern.
The similar points on the port side have corresponding names.

Cross Signals

Motor vessels are forbidden to use what is known as cross signals; that is, answering one whistle with two or answering two whistles with one. In cases where a whistle is correct according to the rules which it is deemed injudicious to comply with, instead of answering it with a cross signal, one should at once sound the danger signal of four or more short and rapid blasts. In such a case, both boats should be stopped or reversed and a boat should not proceed again until the proper whistles have been given, answered and understood and conditions have developed so that the boats can safely pass.

Sailing Vessels Have Right Of Way Over Motor Craft

A sailing vessel has the right of way over a motor craft in all situations except when the sailing vessel is over-taking the motor vessel, in which case the sailing vessel must keep clear. A sailing vessel is not required to stand in stays, tack or wear or jibe to allow another vessel to pass. A sailing vessel must observe the difficulties under which the burdened vessel may be and give due attention thereto. A motor vessel must observe any condition which would prevent a sailing vessel from finishing its tack and must be prepared for a sailing vessel accidently missing stays, jibing, etc. A sailing vessel must not endanger a motor vessel by tacking suddenly in a narrow channel or fairway, directly in the path of the motor vessel, without due warning, when an alternative action may be safely taken by the sailing vessel.

Whistle Signals As Salutes

Yachts should never exchange salutes by means of whistle signals. Commercial craft often salute by the whistle; those on the east coast by three long blasts and on the Great Lakes by three long followed by two short blasts.

Caution When Piloting At Night

Too much dependence should not be placed on the supposition that the colored side lights are not showing across the bow. There are several reasons which, if not taken care of, will cause the side lights to show across the bow. The position of the lamp, as a whole, must necessarily be several inches at least from the inboard screen, the width of the flame and the reflection from the after side of the light-box all tend to make the lights show across the bow to a greater or less degree.

At the left, above, range lights one above the other indicate a vessel (B 2) approaching A head on.   In B 1 and B 3 the position of the forward lower bow light to the left or right of the aft  (upper)  range light shows her course directed to port or starboard of A's course.

At right, above, A knows the other vessel  (at B, C or D) is in her danger zone.    Although the relative positions of range lights and side lights here ore similar, they aid A in changing course to keep clear

The white range lights, if properly placed, are most useful in determining the exact position of an approaching vessel. When the lights are directly over each other, it is clear that the vessel is approaching dead head-on, but when her course is changed even in the slightest the range lights will open out, the lower one drawing away from the upper in the same direction which the boat's bow is changing. Without the range lights the ship's course might change several points before this would be evident from the side lights. It is even possible that the course of the approaching vessel is away from the course of one's own boat when the side lights are first sighted, and that she swings around toward your course without this being detected from the side lights as the boats draw closer together. This is a very dangerous position and requires great caution.

Rules Prohibit Excessive Speed

The Rules of the Road make very little specific mention of speed, except when navigating in the fog or heavy weather, when the rules state speed should be reduced to the safety limit. However, good seamanship as well as good ethics requires that the speed of a boat be reasonable for the time, place and surrounding conditions. Court rulings have upheld these statements even though the laws are silent on these points. Excessive speed is a fundamental fault which may cause collision or accident. A speed reasonable in open waters, free from traffic, would be considered an unreasonable speed in crowded waters, harbors, narrow channels and particularly where yachts and motor boats are anchored. Excessive speed in the vicinity of fishing vessels, boats aground, tied to piers or floats should be avoided. A vessel is responsible for injury caused by her wash or suction.

Generally speaking, the speed of a boat should not be greater than would enable her to change from headway to sternway, when danger presents itself. The requirement of reasonable speed applies with even greater force to sailing vessels.

Excessive speed in anchorages or in the vicinity of docks or floats should be avoided at all costs. Speed must be reduced so that the wash can cause no discomfort or damage.

The Motor Boat Act of 1940 provides that anyone who shall operate any vessel in a reckless manner may be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $2,000, or by imprisonment for not over one year, or both.

Right Rudder And Left Rudder

As mentioned, the expressions "port helm" and "starboard helm" are obsolete and should not be used. These expressions have been replaced by "right rudder" and "left rudder," both of which mean exactly what the term implies. "Right rudder" always means to turn the steering wheel in that direction which will swing the bow of the boat to the right or to the starboard. Similarly "left rudder" means that the bow should be swung to the left or to port.

Head-On, Crossing And Overtaking

The three situations—meeting head on, crossing and overtaking. Boats ore considered meeting head on when their masts seem to be in line or nearly in line. They ore overtaking when one boat is approaching the course of another from a point more than two points abaft the beam of the leading boat or when at night her side lights, if correctly placed, cannot be seen. In all other cases where the courses intersect either ot right angles or obliquely, the situation is said to be crossing. Only those boats shown in the lower right-hand corner of the illustration should hold their course and speed relative to the boat in the center. All boats in the other positions must alter their courses and keep clear)

When two motor vessels are approaching each other head-on or nearly so, it is the duty of each skipper to swing the bow of his boat to starboard and thus pass port side to port side. It is the duty of each to give one short blast of a whistle.

The head-on, overtaking and crossing situations are shown in the illustration. Remember that the danger zone of every boat is on her own starboard bow, from dead ahead around clockwise to 2-points abaft the starboard beam. Any boat (A) in the danger zone of boat (B) is the privileged boat, has the right of way over boat (B), must maintain her course and speed, and should sound one blast on her whistle. Boat (B) which has the other boat in her own danger zone is the burdened vessel and must keep clear of boat (A). Boat (B) must elect the safest method of keeping clear of boat (A), by stopping, slowing down, reversing or going astern of boat (A). When boat (A) sounds one blast of her whistle, boat (B) should answer immediately with one blast on her own whistle. If for any reason the whistle signals or proposed actions are not understood by either vessel, the danger signal of four or more short blasts of the whistle should be sounded, whereupon both boats should immediately stop and not proceed until the proper whistle signals have been exchanged and the proposed course and actions of each vessel understood. (Note:—The tables on pages 70-71 give complete data on the use of 1, 2, 3 and 4 blasts of the whistle and the proper actions to be taken on the various head-on, crossing and overtaking situations.

When In Doubt As To Whether One Or Two Blasts Should Be Given

As to the action called for by one or two blasts of the whistle, there is a very simple rule which if kept in mind will assist every skipper to remember whether he is to pass port or starboard, ahead or astern of the craft giving him the signal. The rule will also hold good when the man at the wheel of your boat wishes to indicate to the other craft what action you are to take, as well as the course you wish to follow, providing you are the right-of-way boat and have the right to dictate to him.

Keeping in mind the two sides of the boat—that is, port and starboard—we have the former word, port, of one syllable, and the other side of the boat indicated by a word of two syllables—namely, starboard. If one simply remembers that the word of one syllable is always associated with one blast of the whistle and the word of two syllables with two blasts of the whistle, he will have no difficulty in giving and obeying the passing whistle signals. If the oncoming boat gives you one blast of her whistle, it is your duty to answer with one blast of the whistle, provided all is well. The signal of one blast is an indication that the boats must pass port side to port side. If two whistles are given and answered, associate this signal with the word of two syllables, and the boats will then pass starboard side to starboard side. This rule holds good in all instances of meeting and crossing.

A Vessel's Rights Not Altered By Whistle Signals

An unanswered signal creates a situation of doubt and demands great caution. The vessel must not conclude that any signal has been assented to by any omission on the part of the other vessel secure an answer. On the other hand, failure to respond to signals to answer. Signals should be repeated as often as is necessary to by a privileged vessel is not an abandonment of her right of way. Neither is the answering of a signal, whether it is as prescribed by the rules or not, by a privileged vessel an abandonment of her privileges. Signals which are required under the rules do not take away any rights from the privileged vessel, neither do they confer any benefits upon the burdened ship. The vessel which first signals gains no advantage or disadvantage. Should the burdened vessel first whistle it does not relieve her of any burden even if she should attempt to secure a privilege from the privileged vessel.

The method of passing whether to starboard or to port as provided by the rules cannot be violated except by mutual consent by appropriate whistle signals given and answered. Notwithstanding any such agreement, the vessel which changes the method of passing prescribed by the rules, assumes all risk.

Rights Of Way Of Soiling Croft

Sailing vessels do not indicate their course or intended action in passing either another sailing vessel or a motor vessel by any whistle signal. The rights of way between two sailing vessels are determined solely by the direction of the wind in reference to the boats' sailing directions at the time. One which is running free must give way to a close-hauled sailing vessel. When both sailing vessels are close-hauled, the one on the port tack (having the wind over her port bow) must keep clear of the sailing vessel on the starboard tack. In the case when both sailing vessels are running free but with the wind on different sides, that one which has the wind on her port side must keep clear. If both are running free with the wind on the same side, the boat to windward shall keep clear of the vessel which is to leeward.

When Does Danger Of Collision Exist?

Danger of collision may be deemed to exist when the bearing between two vessels does not change. If there is no change of bearings as the boats proceed on their course and at a uniform speed, a collision will ultimately result. If the bearings change materially they will pass clear.

Whether there is a change of bearing may be easily determined by noting a range or bearing on some part of the boat's structure, such as a stanchion, or from the boat's compass to the other craft.

Arrows Indicate Direction Of Wind

Above: The rights of way between two strictly sailing vessels is determined by the direction of the wind in reference to the boats' sailing directions. À sailing vessel which is running free must keep out of the way of the one which is close-hauled. A sailing vessel which is close-hauled on the port tack must keep out of the way of a vessel which is close-hauled on the starboard tack. If both sailing vessels are running free, with the wind on different sides, the one which has the wind on the port side shall keep out of the way of the other. If both sailing vessels are running free, with the wind on the same side, the vessel which is. to windward shall keep out of the way of the vessel which is to leeward. A sailing vessel having the wind aft shall keep out of the way of other sailing craft

Indicate Your Course

In addition to the sounding of the proper whistle signal, it is essential that the helmsman of each boat should indicate what his course is to be by the swinging of the bow of his boat sharply to port or starboard, as the case may be, for a moment, as in many instances the whistle signals of a small boat cannot be heard at a great distance. When the helmsman of an approaching boat sees its bow swing to one side or the other, he immediately recognizes what the action of this boat is to be, even if he has failed to hear or to understand the whistle signals.

In Cases Of Doubt

Whenever two motor vessels are approaching each other and either fails to understand the signals, course or intentions of the other for any reason, the vessel in doubt should immediately give the danger signal of four or more short blasts of the whistle.

Boats Backing

A boat backing sounds three short blasts of her whistle. In the case of a boat backing, her stern for the time being is considered her bow. Passing signals are exchanged exactly as if such a boat were proceeding ahead, considering that her stern is her bow.

Note: See exception on Great Lakes, page 71.

Definition Of Motor Boat

Under the Motor Boat Act of 1940, which superseded the original act of 1910, any boat propelled by machinery and not more than 65 feet in length, with the exception of tugs propelled by steam, is designated as a motor boat. Motor craft of a greater length fall into the class of steamers.

The rules also provide that any such vessel (motor boat) propelled in whole or in part by machinery shall be considered a motor vessel—a very clear and concise statement, the meaning of which there can be no doubt.

Under Sail And Power By Night

The Motor Boat Act provides that a boat under 65 feet in length, while under both motor and sail, shall carry only the lights of a sailing vessel, that is, the red and green side lights but no white lights. However, such a boat is still a motor boat at night and should not assume any of the privileges of a sailing craft even though she is showing only the lights of a sailing vessel. Such lights may indicate to an approaching boat that she is a sailing vessel and such approaching vessel may assume that the rights of way of a sailing vessel will be followed. Such a situation is a most dangerous one. A vessel using both sail and power at night and showing only the running lights of a sailing vessel must use extreme caution and take particular care that her status and action are understood by the approaching motor vessel. Such an auxiliary should be prompt and generous with her whistle signals and take every possible action in order to communicate her status to the other vessel.

The Pilot Rules all provide that every vessel under steam, whether under sail or not, is to be considered a steam vessel. These Pilot Rules define the term "steam vessel" as including any vessel propelled by machinery. Motor boats under sail and power thus fall within the definition of steam vessels in the Pilot Rules and are therefore subject to all the provisions of the Pilot Rules except as the Pilot Rules are modified by other statutes.

The Pilot Rules have been modified by the Motor Boat Law, insofar as the requirements for running lights for motor boats under sail and power are concerned. Yet the Motor Boat Law contains no provision for modifying the Pilot Rules in regard to passing signals, rights of way, etc.

When Not To Give Passing Signals

Passing signals provided by the rules are never to be given except when the vessels are in sight of each other and the course of each can be determined by the sight of the vessel itself or at night by seeing the sailing lights. In fog, mist, falling snow or heavy rainstorms, when vessels cannot actually see through, fog signals only must be given. Whistle signals are not to be given unless danger of collision exists. If there is doubt or uncertainty as to whether danger of collision does exist, then it should be assumed to exist. Whistle signals between a motor boat and sailing vessel or between two sailing vessels should never be given.

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