99017 Claiming Right of Way

Claiming Right of Way
Report No. 99017

We were on a barque slugging into a SW gale under bare poles and were making desperately slow progress down the westbound lane of the Dover Strait TSS. In these unpleasant conditions we listened with interest when we heard an eastbound yacht on the VHF. Obviously, a more modern vessel than ours and able to cope with the weather. The skipper was getting aggressive with some merchant ship in the inshore zone who was not giving way to him. "I am a sailing vessel in the inshore zone and claiming my right of way under the international rule of the road". I felt sympathetic until the yacht's position was given and I decided to plot it out of interest and because under those conditions minor errors could easily result in a serious accident.

I was more than somewhat surprised to find that the reported position actually put the yacht well inside my TSS lane and realised that her heading was taking her even further into the lane. To resolve this I called the yacht up to check her position and, yes it was right. I also remembered a NAVTEX about a yacht race and confirmed that the yacht was in that race. Having double checked that my plotting was right, I got back to the skipper and suggested that the yacht was actually inside the TSS lane and should tack as soon as possible to avoid impeding those vessels following the lane. Initially the skipper was most aggrieved and vehemently claimed that the yacht was in the inshore zone saying, "there must be some mistake". After a while he came back and said that his charts might not be in date and the position of the lanes must have moved recently!!

Controlling myself with an effort, I politely told him to tack immediately and get out of the area, warning him that in the prevailing weather conditions his radar reflector would not be detected at any serious range by the vessels in that lane. Needless to say that he was neither contrite nor grateful for the advice! I then called Dover Coastguard to warn them of the rogue yacht in the westbound lane. Just over half an hour later I spotted the yacht passing a mile astern of us doing a good six knots.