Sailing Off Of And Back On To My Mooring

[j2sailor]

John,
In any event, if you have your engine on, it's prudent to consider yourself to be "under power". It would be difficult to prove otherwise in a court of law.

"But your honor, it was clear that exhaust water was coming from the sailboats stern tube, so their engine was obviously in gear..." (sayeth the defendant's lawyer).

I wouldn't expect leniency from a judge toward a sailor who tried to convince a jury that his gear was actually in neutral. I really don't know of any way to prove that?

I also look at Rule 3's interpretation of a sailing vessel: "any vessel under sail provided that propelling machinery, if fitted, is not being used." Which could be interpreted as on or off. If its on--in gear or not--you can bet the other guy will claim that it was being used.

When I conned ships or captained the fleet of boats at the school, I found it best to consider how your actions would be interpreted in an Admiralty court, if indeed it came to that.

As you know, one word can change the entire interpretation within the rules: "used", "shall", "may"... and on and on. I've studied many, many cases of really bad collisions and both captains often swore up and down that they were following the rules verbatim. The courts were rarely sympathetic to either.

Best - John

[Jim Davis]

j2 sailor said
In any event, if you have your engine on, it's prudent to consider yourself to be "under power". It would be difficult to prove otherwise in a court of law.

I doubt that it would be a problem inside a mooring field. Hell the ones you are most likely to hit will stationary targets anyway. But when you run afoul of some idiot outside the mooring field, dunno, could depend on the caliber if your lawyer and his.

Personally I like having the engine handy when I anchor or pick up a mooring under sail. Same for sailing a narrow cut.

[Neil Gordon]

The rules seem fairly straightforward to me. You're either being propelled or your not. Several comments though:

1 - If you have water flowing from the back, some will conclude you're a motor boat.

2 - It's really bad form to put the motor in and out of gear for "Rules" advantage.

3 - On the other hand, picking up a mooring in a crowded field, you might argue that you're restricted in your ability to maneuver.

Just remember that the rules are about avoiding collision. It's important that the other vessel knows which rule he's supposed to be following.

The operative words to avoid above are "you might argue." If you are arguing, you have already lost, even if you were right.

[John Vigor]

Meanwhile, let us not forget Rule 25 (e) which states that if you are being propelled by an engine and also are proceeding under sail, you must exhibit a conical shape up forward.

If you are in International Waters, as we are here all over Puget Sound, even in the Seattle lakes, it doesn't matter how big your sailboat is, you must exhibit the cone if you use an engine to propel your boat while under sail.

If you are in Inland Waters, however, Rule 25 (e) exempts sailboats from this requirement if they are less than 12 meters (39 feet and a smidgen) in length.

I wonder how many of us are guilty of trangressing this law time after time? More than 99 percent, I would guess, especially those entering and leaving anchorages and mooring fields.

Cheers,

John V.

http://www.johnvigor.com/blog.html

[drysuit2]

That's a good point. I wonder how much "the rules" vary by region? So while I 'know' how my local Harbor Master interprets the rule...what if I am in Puget sound? I'm not even sure what that cone is supposed to look like.

As far as the "right of way rules" go. My understanding, is they were devised to avoid collisions.
The idea is that the more maneuverable vessel must give way to the less so.
In theory, if we are both sailing, and you are just a gear shift away from added propulsion...[all other things being equal]; you must give way.

Let's hope I don't have to test this theory any time soon.

[ronkberg]

OJ, thank you for the simple idea for keeping us off the bow when snagging the mooring. I am always trying to rush forward to secure the pennant rapidly since the Typhoon outboard tends to rise out of the water. And, if I shut the motor off before going forward, I worry about not getting the pennant secured before the wind and current pulls the boat away. The simple use of a properly deployed hand line will help me. Thanks again for another solution.

The CDSOA board is a wonderful resource for all sailors!

Ron

"I would stand in the cockpit and snag the pennant with a boathook. I had a handline fastened to the bow cleat, through the chock and passed around my shrouds. On the other end of the handline was a snaphook which I secured to the pennant eye. "

[Neil Gordon]

The idea is that the more maneuverable vessel must give way to the less so.
In theory, if we are both sailing, and you are just a gear shift away from added propulsion...[all other things being equal]; you must give way.

Yes and no.

Yes: The rules do present a sort of peckiing order of who gets to stand on (keep going) and who gets to stand off (go around).

And no: But... the rules also obliigate both vessels, so that the actions of each are predictible to the other.

If we are both sailing, it's about port and starboard tacks and windward and leeward, not which one of us might or might not be able to engage mechanical propulsion.