Rules of the Road

[MarinersSchool]

As a RYA Ocean Yachtmaster your credentials are quite impressive and something to be proud of. You obviously worked hard to earn the distinction of being one of the very best.

However, lets take a look at what rule 3 specifically states when defining the term "sailing vessel":

RULE 3 GENERAL DEFINITIONS

(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

The rule does not make an exception in the event that the propelling machinery is not in gear, is being used to charge batteries, etc. It specifically states that to be considered a "sailing vessel", that this machinery is not being used. In the eyes of the court if your engine is on it is being used...

So, although it is true that there are many reasons why a skipper operating a sailboat may want to run their engines... If they do they should not consider themselves a "sailing vessel" while their propelling machinery (engine(s)) is running.

As a prudent mariner it may be wise to keep your engine running and in neutral when in a situation where you may need the extra help to get yourself out of a dangerous situation... I own a catamaran and often keep my engines on and in neutral just in case... However, even if my sails are up and I am sailing according to the Rules of the Road I am now considered to be a power driven vessel...

Your suggestion that if there is any doubt, hail the other vessel via radio or just simply give way/alter course just in case... Is good advise! And in direct accordance with Rule #2.

I also recognize that no one statement or piece of advise can cover every situation... My goal here is to give sound advise which will prevent an issue of safety in most cases...

__________________
Captain Bob Figular
President, Mariners School

 

[Walter]

This is an excellent service you are providing! Thanks!

 

[BB1]

However, lets take a look at what rule 3 specifically states when defining the term "sailing vessel":

RULE 3 GENERAL DEFINITIONS

(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

The rule does not make an exception in the event that the propelling machinery is not in gear, is being used to charge batteries, etc. It specifically states that to be considered a "sailing vessel", that this machinery is not being used. In the eyes of the court if your engine is on it is being used...

I beg to differ, an engine running does not equate to propelling machinery being used. An engine running but not engaged in either forward or reverse is not propelling you anywhere.

Another point that has occured to me is that many yachts have generators fitted which can also lead to water cycling out of an exhaust. This would have nothing to do with a yacht motorsailing. Checking for exhaust water would then be misleading.

I applaud your intention behind starting your thread, perhaps it would be good at this point to outline correct use of day shapes as they are rarely used in my experience.

A common joke in my neighbourhood is Q: What does an inverted triangle in the fore triangle rigging mean A: RYA examiner onboard!

 

[MarinersSchool]

I guess we are going to have to agree to disagree with this point...

However, no place in this Rules of the Road definition "sailing vessel" do the words "engaged" exist. This rule specifically states that to be considered a sailing vessel and expect the privileges of being a sailing vessel, if machinery (an engine) is fitted, it may not be used.

As a safety measure and general courtesy, I may want to personally give any boat with their sails deployed (sailing or power sailing) some extra room to avoid a close quarters situation. However, the general definitions are very clear and specific as to what a vessel should be considered and be treated under the Rules of the Road and my advice would be to treat them accordingly.

Here in the US I am recognized by the courts as an expert when it comes to the Rules of the Road. I have deposed witnesses and testified in court cases where my interpretation of the Rules gave the courts guidance in court cases... I can state with 100% certainty that I would not want to be involved in a court case and try to explain to the courts that although my engines were running they were not being used...

I appreciate your input and expertise... Keep watching my posts and please feel free to keep me in check when you think I am out of line... I will get to lights and dayshapes as I am working my way through the rules....

 

[MarinersSchool]

Here is another one of those rules which frequently creates confusion...

Rule #3 states that when not engaged in the act of fishing, "The commercial collection of fish", fishing boats have the same status as any power-driven vessel. One might ask... What about sportfishermen, lobstermen, and crabbers?

The distinction lies in the degree to which fishing gear hampers the maneuverability of a vessel. Trolling a light line does not hamper it: however, trawling or dragging a heavy net does. Although a lobsterman running to his next buoy is not restricted in its ability to maneuver, when pulling up a string of traps with their hauler, they are effectively moored to the bottom.

Remember that the Rules state that to be considered a "vessel engaged in fishing" requires that they are fishing with nets, lines trawls or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability.

Plain old common courtesy dictates that you should give these hardworking men and women a wide berth...
__________________
Captain Bob Figular
President, Mariners School

 

[Fishpie]

Thanks MarinersSchool.
Keep them coming.

 

[mmerriman]

Mundane - To charge batteries which we do often on passage etc.

Prudent - I always have the engine running but in neutral during any situation where I may need it at short notice to avoid a dangerous situation. I have no problem sailing back into harbour, along channels etc, after all it is a sailing yacht but prudence leads me to have the motor ready if there is a lot traffic about. Besides the batteries can always use more charge.



Sure - but if you are running the engine for any reason - even in neutral - you are a motor vessel, not a sailing vessel..

 

[MarinersSchool]

Whenever you and your boat are underway Rule 5 clearly states that you are to maintain a proper lookout at all times. The lookout must use all available methods and equipment (eyes, ears, radio, and radar if installed). In the event that you are the only person on the vessel, then you have to serve as master, crew, and lookout all at the same time. If there is more than one person aboard the master of the vessel should appoint a separate lookout.

Whoever is assigned the responsibility of being the lookout must be able to give proper attention to the task and cannot be assigned or take on duties which would interfere with this responsibility.

On vessels that have unobstructed, all-round vision from the helm, as on certain pleasure craft, fishing boats, and towing vessels, where there is no impairment of night vision or other impediment to keeping a proper lookout, the helmsman may safely serve as the lookout. However, you must only follow this practice after carefully assessing the situation on each occasion and determining without doubt that it is prudent and safe to do so.

You must consider all relevant factors including, but not limited to, the state of the weather, conditions of visibility, traffic density, and proximity to navigational hazards. The lookout must be able to hear as well as see potential hazards.

When posting a lookout in restricted visibility it is considered to be an act of good seamanship to post the lookout as far forward and low on the vessel as possible. This will give the lookout and helmsman the best chance to avoid a collision in the event a boat appears out of nowhere...
__________________
Captain Bob Figular
President, Mariners School

 

[MarinersSchool]

Rule #6 indicates the need to set a safe speed in all conditions of visibility. It should be obvious that the safe speed of a vessel in restricted visibility would be different then that of a vessel operating on a clear day. The first requirement of this rule is to consider what the state of visibility is because safe speed in any condition must be closely related to the immediate circumstances and conditions at hand.

It is important to note that the present rule contains no requirements to stop a vessel's engines, reduce speed to bare steerageway, or to go at a "moderate" speed. Safe speed may very well require these or other actions in good as well as restricted visibility.

Under this rule you must use your best judgment to determine safe speed for your vessel to be able to take proper and effective action to avoid collision.
__________________
Captain Bob Figular
President, Mariners School

 

[MarinersSchool]

Rule #6 uses a term "back scatter" which is a reflection caused by the white lights on your vessel. If not properly controlled, this reflection can destroy your "night vision".
__________________
Captain Bob Figular
President, Mariners School