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Any lawyers out there??? - Page 3
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Thread: Any lawyers out there???

  1. #31
    Ausfish Bronze Member
    Join Date
    Jun 2006

    Re: Any lawyers out there???

    I think the COLREGS specify a minimum of something like two or three nm for an under 12m vessel.

  2. #32

    Re: Any lawyers out there???

    Quote Originally Posted by Ando74 View Post
    Someone organise a pub and a time and I'll happily go over the Colregs and their application to us as fisherman and the difficulty of trying to manouver around small boats who decide (Correctly) that they will stand on.

    I have a Master Class 1 and have used them on a daily basis every time I'm at work.
    Depends on what type of fishing you are donig. If you have trawl nets down, you have right of way over a small boat. This is clearly defined in the COLREGS.

    Quote Originally Posted by Ando74 View Post
    No doubt mistakes are made, like driving a car, everyone has a licence, some just use them as they please.

    As for the colregs not applying when there is no risk of collision, it's 100% correct, how can you use them to avoid collision if there isn't going to be one?!

    Many people on here for years have had their own idea of how to apply them based on what they have read, and with no formal training or explantion.
    The COLREGS apply at all times whilst at sea, regardless if there is a risk of collision or not. The COLREGS do not just define what to do in a collision situation, they also define things such as lights and sounds and staying on watch etc.


  3. #33
    Ausfish Bronze Member
    Join Date
    Jun 2006

    Re: Any lawyers out there???

    You are spot on trueblue - I have seen the bulk carriers, fully loaded, coming out of Hay Point making turns with surprising dexterity. It is a myth that these things have trouble making course changes in anything less then moderate distance.

    Speaking of Hay Point, they actually have a notice up at the Half Tide boat ramp with a chart to show boaties WHERE THEY MUST GIVE WAY TO SHIPS and how to cross the channels. These are the shipping channels from the anchorages to the loading docks. The obvious inference of these signs is that outside of these limits, regular COLREGS apply and ships have to give way to sail and powered vessels approaching them from starboard on a possible collision course.

  4. #34

    Re: Any lawyers out there???

    This collision was avoidable up until the last few seconds. The yacht has a motor. (she used it to come back to port!) A short burst under motor would have taken less time than it would have taken to desert the helm and hide down below AND would have given her enough clearance to change this incident from a near disaster to a close call.

    I hate to say it but Jessica Watson is going to need a lot of luck if she expects to complete this journey.


    but the sail boat should have been maintaining a watch in that busy shipping lane, and said "bugger me, thats bloody big, I'll move away from it"

    if she was asleep, she should have headed in much closer, or gone out much wider to be out of the general shipping area, and had radar alarms set to wake her up if a vesel became near to her.

    she is not ready to be sailing around the world.



    I really think these are the critical points, The regulations discussion is interesting but she did not do this well and it is maybe unreasonable to expect such a young person to handle a situation like this...perhaps some have...? but not this time.

  5. #35
    Ausfish Platinum Member
    Join Date
    Nov 2005

    Re: Any lawyers out there???

    Quote Originally Posted by Ando74 View Post
    No doubt mistakes are made, like driving a car, everyone has a licence, some just use them as they please.

    As for the colregs not applying when there is no risk of collision, it's 100% correct, how can you use them to avoid collision if there isn't going to be one?!

    Rule 29: Pilot Vessels. Has nothing to do with any "risk of collision". They aren't treated any differently to another power driven vessel but "shall (must)" exhibit certain lights when engaged on pilotage.

    Annex IV: Distress Signals. Signals to indicate distress and need of assistance don't have to apply to a "risk of collision" situation, and usually don't, though they are in the ColRegs.
    Also references to the International Code of Signals & Merchant Ship Search and Rescue Manual - not necessarily to do with "risk of collision" either.


    Many people on here for years have had their own idea of how to apply them based on what they have read, and with no formal training or explantion.
    That's arrogant! You have no idea of members quals. Not everyone lists their tickets when they post on here.

  6. #36
    Ausfish Bronze Member
    Join Date
    Jun 2006

    Re: Any lawyers out there???

    Actually Mindi, If Jessica picks the right course and stays well away from shipping lanes she is very unlikely to collide with another ship because there will simply be very few she encounters. This is the strategy used by most circumnavigators to avoid collisions.

    And I'm still finding it ironic that many point the finger of blame at this lass when her collision resulted mostly because a ship full of experienced career seamen who should of been on high alert - because they too were travelling in a high traffic area - collided with her sailboat on a calm night when they were obliged to yield as documented in the international regulations for avoidance of collisions at sea

  7. #37

    Re: Any lawyers out there???

    Quote Originally Posted by toecutter View Post
    Actually Mindi, If Jessica picks the right course and stays well away from shipping lanes she is very unlikely to collide with another ship because there will simply be very few she encounters. This is the strategy used by most circumnavigators to avoid collisions.

    And I'm still finding it ironic that many point the finger of blame at this lass when her collision resulted mostly because a ship full of experienced career seamen who should of been on high alert - because they too were travelling in a high traffic area - collided with her sailboat on a calm night when they were obliged to yield as documented in the international regulations for avoidance of collisions at sea
    I have just spent a little time searching for similar case law. I could not find anything in Australia (if you have time you should take a look, www.austlii.edu.au) but I did find a case in Canada where a ship collided with a boat. The circumstances where different (it was in a shipping channel) however not once did they refer to rule 18. Its worth a read though. The charges against the pilot were dismissed. http://www.canlii.org/en/qc/qccq/doc...qccq13533.html I will research it a little better when I have some spare time.


  8. #38
    Ausfish Bronze Member
    Join Date
    Jun 2006

    Re: Any lawyers out there???

    Yeah, Was the Canadian one the 60 foot ferro that was motoring around in circles in the middle of the St Lawrance?? river because everyone on board hd fallen asleep?

  9. #39
    Ausfish Bronze Member
    Join Date
    Jul 2005

    Re: Any lawyers out there???

    Seatime.

    If it's arrogant I retract my offer to give an explanation to anyone on the forum who wants to meet up and hear from someone who does it for a living. I'm sure a talk about turning circles of large ships, rates of turn, stopping distance, visibilty from the bridge, limitatioins of navigation equipment, failure of poeple to do the right thing (both on recreation and merchant vessels) would be of no interest to anyone who uses a boat as I sound so arrogant!
    (If I wanted to learn how to drive a truck I'd happily ask for advice from a truck driver. )

    You can take what ever you what ever you want from everyone's statements, interpretations of rules, what ever, it comes down to the individual in charge to make the decision to keep the people on their vessel safe.

    And yes, you are correct about lights ect. being part of the regs, but they aren't an action to avoid a collision.

  10. #40

    Re: Any lawyers out there???

    Quote Originally Posted by Ando74 View Post
    Seatime.

    And yes, you are correct about lights ect. being part of the regs, but they aren't an action to avoid a collision.
    But their primary purpose is to prevent collisions. The COLREGS are not there alone to dictate what actions to take to avoid a collision.


  11. #41

    Re: Any lawyers out there???

    Quote Originally Posted by toecutter View Post
    Yeah, Was the Canadian one the 60 foot ferro that was motoring around in circles in the middle of the St Lawrance?? river because everyone on board hd fallen asleep?
    Thats the one.


  12. #42
    Ausfish Bronze Member
    Join Date
    Jun 2006

    Re: Any lawyers out there???

    Quote Originally Posted by TheRealAndy View Post
    Thats the one.
    Very sad case that one. Also scary how quick a ferro plummets to the bottom when given a hard enough whack.

  13. #43

    Re: Any lawyers out there???

    Quote Originally Posted by Getout View Post
    1. The yacht was travelling south east , the ship was travelling north. The ship was crossing from the right. Right of way?
    Where did you get this info from? I had heard a simial story but I could not find reference to it anywhere.


  14. #44
    Ausfish Platinum Member
    Join Date
    Nov 2005

    Re: Any lawyers out there???

    It's worth mentioning that there is no such thing as "right of way" in the ColRegs!

    There's "give way" and "keep out of the way" but definately not "right of way".

    Under no circumstances does any vessel ever have right of way over another. If a risk of collision is deemed to exist - both vessels remain fully obliged to comply with rules and take avoiding action, in any condition of visibility.

  15. #45

    Re: Any lawyers out there???

    I dont know how Ando could be viewed as arrogant unless its an offence here to actually be trained in the field...(and offer to share some knowledge)... training which I am dont have. And that is the reason why I would assume that an approaching bulk tanker was either going to (a) not see me or (b) not give a stuff if he did see me....and make damn sure I stayed clear as I have no reason to expect him to from past events like this..... I am not blaming her as much as expressing concern that she is insufficiently experienced to be very conservative in this sort of situation and steer well clear...no pun intended.
    Nobody plays chicken and relies on Colregs when fishing nth end PPB...you stay out of the way if you have two functioning neurons left..

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