16462Re: [SabreSailboat] Right of Way
- Jun 4, 2008Good points Jim, and those are just the sailors -You forgot to include boats named after unnatural acts or illicit substances.There have been intimations on this list that dangling fenders are the unofficial insignia of a particular boat builder. We live near a marina that is in a lagoon with a single channel out to deep water allowing for critical observation. After a few weekends of casual study, I think there may be empirical evidence to support the rumor.Pete
On 6/4/08, Jim Starkey <jas@...> wrote:
Peter Tollini wrote:
> Jeff -
> When you think about, 14(d) really an extension of the 'limited
> maneuverability" concept. The vessel headed upcurrent has exaggerated
> maneuverability and the downcurrent vessel exactly the opposite. When
> the vessels are often tugs with large tows and the waterway is river,
> the more explicit passing rule is a real plus.
> If you really want to interpret the Rules, you have to look at them in
> two ways, first what was the intent of the writers, then, how have the
> courts historically interpreted them. If you are so inclined,
> maritime cases make interesting reading, but don't usually shed a lot
> of light on the issues that really effect us.
> The maritime right of way concept has carried over to most state
> traffic laws, which normally do not grant a right of way, but rather
> create an obligation to yield, as in burdened and stand-on. We've
> all seen the havoc that an assumed or claimed right of way can cause
> on either land or sea. The stand on vessel still has an obligation
> to avoid a collision, but any moves to do so must be both early and
> clear enough that you don't zig just as he zags. This is great quote
> from a judge in a collision case, directed to the driver of the
> privileged vehicle - "...the fact that he wasn't supposed to be there
> doesn't relieve you of responsibility to avoid the the collision - and
> you clearly could have - and it sure as hell didn't create a right for
> you to run into him."
> Trivia - In 1895, there were only two motorcars in the entire State of
> Ohio. They hit each other. We've been carrying on the tradition,
> with Murphy's guidance, ever since.
> Learning the Rules is good, but always assume the other guy has never
> seen them and may only be dimly aware of their existence, at best.
> Accordingly, I subscribe to what Jim calls the tonnage rule, or what
> I've known as the Island Rules - "De big boat got de right o' way,
> mon!" when I'm the little boat, and the Inland Rules when I'm the big
There are other rules as well. For example, if he's dangling fenders
over the side, you can be assured he doesn't have a clue and should be
given a wide berth. Ditto a scalloped jibe or an ensign flown from the
bow or a radio whip. Or if the helmsman is talking on a cell phone...
James Starkey, Senior Software Architect
MySQL Inc., Manchester, MA, USA, www.mysql.com
Office: 978 526-1376
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