Right of Way

[casampson]

I was sailing the other evening when I came across a confusing situation. I was on a port tack, sailing briskly from east to west across the outer entrance to Sippican Harbor in Marion, Massachusetts. I saw a boat with her main up sailing on a northerly course from my left. It was clear we were going to collide within a few minutes. As I got closer, I noticed she was under power and in the process of setting her main, and that she wasn't going to change her course for me. I quickly fell off and sailed below her. Collision avoided, and all was well.

My question is, which boat had the right of way? Some of my friends say that I did, since the other boat was under power and that I was under sail. My gut instinct is that the other boat was restricted, and that, as such, I was the give-way vessel.

I have looked online and in my guide to sailing (actually, it is a borrowed book), and I can't find information that covers this exact situation.

Looking forward to having the forum clear up this issue. Thank you.

Chris

[Frenchy]

Hi Chris, as one more of your friends, I agree with the rest. The powered boat was the burdened
vessel and you were the "stand-on" vessel. I think the term "right-of-way" is losing favor because it implies
the "stand-on" vessel has the right to continue on - right up to the moment of impact.
You maneuvered correctly in avoiding collision. - Jean

[Jim Walsh]

Hi Chris, as one more of your friends, I agree with the rest. The powered boat was the burdened
vessel and you were the "stand-on" vessel. I think the term "right-of-way" is losing favor because it implies
the "stand-on" vessel has the right to continue on - right up to the moment of impact.
You maneuvered correctly in avoiding collision. - Jean

Jean is correct.

[kerrydeare]

... which boat had the right of way? ...

Shades of the Andrea Doria.

You did the right thing. If "standing on" means a collision is imminent, then "standing on" is wrong. There are many crossing rules, but ultimately the General Prudential Rule governs. All involved must do everything possible to avoid a collision. As an aside, the other boat was not restricted other than by lack of courtesy and common sense.

[ghockaday]

#1 RULE
You must yield!
Weather in a car or boat you must yield, as you did. I believe the term RIGHT-OF WAY has been removed and as someone mentioned "the stand" on vessel is now used. If there is a collision you never want to say "I had the right of way" because the next question would be "So you could have avoided by yielding but chose the impact?" Dennis

[Steve Darwin]

Here lies the body of Michael O'Day,
Who died defending his right of way.
He was right, dead right, as he sped along,
But he's just as dead as if he'd been wrong.

[Bill Goldsmith]

I agree with all the responses. You were the stand-on vessel but took the correct opportunity to avoid a collision.

The other vessel was a power-driven vessel and not likely qualified as a RAM (restricted in ability to maneuver) given the circumstances.

Rule 3
The term "vessel restricted in her ability to maneuver" means a vessel which from the nature of her work is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel. The term [Int] "vessels restricted in their ability to maneuver" shall [Int] include but not be limited to:
A vessel engaged in laying, servicing, or picking up a navigational mark, submarine cable or pipeline;
A vessel engaged in dredging, surveying or underwater operations;
A vessel engaged in replenishment or transferring persons, provisions or cargo while underway;
A vessel engaged in the launching or recovery of aircraft;
A vessel engaged in mine clearance operations;
A vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

[tjr818]

...”in the process of setting her main. . . “
And perhaps not in full control ? Was the skipper at the mast and unable to change course?
The one who is most aware of the situation and able to control the outcome should do so, just as you did.

[John #126]

The Rules require a skipper to 'violate the rules' to avoid collision.

Rule 17, 83.17
(a) (ii): The (stand on) vessel may, however, take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with the Rules.
(b) When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the give-way vessel alone, she shall take such action as will best aid to avoid collision.

You did the right thing, even if you were scratching your head and thinking "Huh?" Best to avoid collision and sort things out afterward.

[robwm]

"Here lies the body of Michael O'Day,
Who died defending his right of way.
He was right, dead right, as he sped along,
But he's just as dead as if he'd been wrong."

Steve, are you the creative soul responsible for the above? If not, source?

Love it, will post a copy on my little CD22 which often times plays dodge'em with powerboaters not looking where they are going ...

Thanks,
Robert

[Steve Darwin]

Robert - No, I am not the creator. My father was a merchant mariner and recited this often. - Steve

[mgphl52]

I found this via google:

• "Here lies the body of Johnny O'Day
  Who died Preserving His Right of Way.
  
  He was Right, Dead Right, as he sailed along
  But he's just as dead as if he'd been wrong"

quoted by Eric Hiscock in "Cruising Under Sail", Oxford University Press, 1st edn, 1950.
https://forums.ybw.com/index.php?thread ... pjjLzhM.99

[kerrydeare]

... quoted by Eric Hiscock in "Cruising Under Sail", Oxford University Press, 1st edn, 1950 ...

Some of us (cough, cough) actually read this in the original and maybe even learned a bit from it. It's worth noting that the Hiscocks, who preceded the Pardey's both intellectually and chronologically by time and vast ocean distances, would never have claimed authorship. They knew much better than to usurp traditions of the sea. We can take lessons from this.

[Neil Gordon]

When my main is part way up or down, with a need to keep head to wind, I do indeed feel restricted in my ability to maneuver. I appreciate when other boats yield, and vice versa, I do the same for them.

Related: Are you restricted in your ability to maneuver if you're hove to, and especially if you've done so to tuck in a reef because you've overpowered? (A good idea to heave to on a starboard tack, btw.)

[kerrydeare]

When my main is part way up or down, with a need to keep head to wind, I do indeed feel [emphasis added] restricted in my ability to maneuver ...

Neil, I'll take another look, but I don't believe the Colregs say anything about how a sailor is "feeling." In any case, there is no situation in the Colregs where the requirement to maintain a watch at all times is relaxed or cancelled, and of course we all know why there is a need to maintain a watch at all times. In addition, I don't know your standard methods but do you generally raise or lower the main while the engine is running? Are you using an autopilot? Is the vessel single-handed? Obviously there are many and varied situations.