200912 Colregs violation

Colregs violation
MARS Report 200912

Our vessel, a VLGC in loaded condition, was on a course of 146º (T) at 18 knots in clear weather. We observed a container feeder vessel about five points on port bow at a range of nine nautical miles on a course of 255° (T), speed 12.5 kts, with a CPA of 0.0 nm. At a range of six nautical miles, we established radio contact with the said vessel and requested her to alter course to starboard and pass astern of us. The container vessel did not comply, seeming to convey that it was our obligation to alter course to port. Even after careful explanation and quoting the appropriate Colregs rule, the OOW on the container vessel, seemed to be taking no action. At this time, the vessel was three nautical miles away.
Own vessel began altering course to starboard with the intention of turning 360° and passing around the stern of the container vessel. While our vessel was engaged in this manoeuvre, and still turning to starboard, we noticed that the container ship had suddenly and inexplicably started altering her course to port. We re-established VHF contact with the vessel but could not understand the muttered response. Soon, both vessels began to converge once again, negating own ship’s avoiding action. However, due to our reduced speed, now 11 kts, we now had the container vessel four points on our starboard bow at a range of 2.2 nm, on a course of 270° (T) and we managed to pass around her stern with a CPA of 0.5 nautical miles. She was clear, resumed our course, now about 1 nm off our original track.

The full incident lasted about 30 minutes. The OOW on the other ship could not communicate properly in English but it was clear to us that he genuinely did not know the Colregs and was not even aware that he was the give-way vessel. The sudden alteration of course to port by the vessel apparently re-created a new collision situation, but because of the relative changes in positions and speeds, the other vessel was able to cross ahead by a safe margin