I completely agree that you should do your best not to hit them, but the
colregs do not recognize common sense as a legal justification for
anything. That is true of most of law, on land as well as on sea. You
are obligated to do as the law says, not as you feel about what it says.
When someone "does their own thing", it leads to uncertainty, and that
can lead to problems. Others depend on everyone following the same rules
in the same way so they all know what to expect. That is why, among
other things, the stand on vessel is required to maintain course and
speed and not start zigging and zagging. :-)
Bill Bina
On 6/8/2016 2:39 PM, ALAN BERGEN via CnC-List wrote:
Manual propelled vessels and swimmers don't have to be listed in the
colregs in order for them to qualify as privileged. Common sense
tells me that when approaching them in a sail or power boat, they are
privileged and I am burdened.
Alan Bergen
On Wed, Jun 8, 2016 at 11:13 AM, Bill Bina - gmail via CnC-List
<cnc-list@cnc-list.com <mailto:cnc-list@cnc-list.com>> wrote:
They are not part of the pecking order, and I do not believe
human-powered mechanisms count as "propelled by machinery"
anywhere in the colregs. The rig on a sailboat is also machinery
in that sense. It's not a winning argument. Dictionary definitions
have no bearing on definitions in the colregs. :-)
As I said, back when I first learned the colregs, seaplanes did
not count as vessels in the pecking order and had no status. They
were required to keep clear, and not interfere with any vessel
listed in the pecking order, because they were not listed. If you
aren't on the list, you don't count! I think seaplanes finally got
recognized in the 1972 revision. Odd numbered navaids used to be
black barrels!
Bill Bina
On 6/8/2016 2:00 PM, Joel Aronson via CnC-List wrote:
Bill,
You are correct that they are not mentioned, but they are still
vessels: (a) The word “vessel” includes every description of
water craft, including nondisplacement craft, WIG craft and
seaplanes, used or capable of being used as a means of
transportation on water.
Are they "powered" by paddles/oars etc? (b) The term
“power-driven vessel” means any vessel propelled by machinery.
Joel
On Wed, Jun 8, 2016 at 1:51 PM, Bill Bina - gmail via CnC-List
<cnc-list@cnc-list.com <mailto:cnc-list@cnc-list.com>> wrote:
The Colregs do not include rowboats, kayaks, canoes and
paddleboards in the pecking order, which means they have no
specific priority over other vessels. There was a time, when
seaplanes were not included either. Seaplanes were obligated
to avoid interfering with any other vessel. Swimmers,
likewise have no status in the pecking order. Yeah, Rule 2
says do whatever you can to avoid any collision, but vessels
not in the pecking order are obligated to avoid interfering
with all other vessels in all situations. They are never the
"stand on vessel"
The colregs are available to anyone who needs to know, and a
copy should be aboard every vessel.
<www.navcen.uscg.gov/pdf/navrules/navrules.pdf
<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.navcen.uscg.gov_pdf_navrules_navrules.pdf&d=DQMD-g&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=9w3G7Cf8YfQnrjmtuNxwDJYr3JMv9f1pAfgAJ9xXYQQ&m=A5leOeaFFvYJdgyEOTASgNOEPo_Aqc7hrlPISGZmzrg&s=b4mQFnG_hr3xRx2po0XHTzLkdRG7BtNVzyYK2nAMrOw&e=>>
Bill Bina
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