200209 Misuse of NUC Signals

Misuse of NUC Signals
Report No. 200209

Own ship was drifting off a European port. The port and its approaches were heavily congested with traffic due to the holiday period and bad weather resulting in 12 ships awaiting berthing instructions. The main approaches were busy with regular traffic entering/leaving port and new arrivals. There are no suitable anchorages in the area, indeed the pilots were heard advising vessels not to anchor due to adverse weather forecasts.

During the night the winds were gusting up to 60 knots, the pilot station was closed and the number of ships increasing. Our own ship managed to gain a drift rate of 2.5 knots onshore so accordingly the engines were put ahead to make some more sea room. During this manoeuvre we were cautioned by no less than 5 ships that they were "Not Under Command" and to keep clear. There are 2 options in this scenario:

1. They really are NUC, but what Master would willingly allow their vessel to be NUC with such a strong onshore set, wind and heavy swells and be within 6 miles of the shore, or
2. They are under the impression that drifting off a port awaiting a berth or pilot is just cause for displaying NUC signals.

I am of the opinion that it is possible, but highly unlikely, they had their engines disabled in such prevailing condition, however it is more likely that they have little understanding of the IRFCS (one of the "Ship on my port bow" clan). In this modern age of new conventions, regulations and the like, it seems strange that all Certificates of Competency should still be considered equally professional regardless of the many "rogues" at sea that continue to raise their ugly heads on a regular basis.

Marine Guidance Note (MGN) 152, issued by the UK Maritime and Coastguard Agency states:

1. Seafarers are reminded that NUC signals should only be used by "vessels not under command". As defined in Rule 3(f) of the COLREGS. A "vessel not under command" is unable to manoeuvre in accordance with the Rules through some exceptional circumstance and is unable to keep out of the way of other vessels. Unfortunately, there appears to be an increasing use of NUC signals by vessels in circumstances which cannot be reasonably defined as exceptional. For example, vessels have been reported using NUC signals while drifting off ports and terminals awaiting orders.
2. In some cases, vessels erroneously or falsely display NUC signals when their main engines or ancillary machinery are shut down for reasons other than breakdown or necessary maintenance. Such vessels must adhere to their collision avoidance responsibilities as power driven vessels underway (Rule 18 of the COLREGS).
3. A vessel which is underway and stopped (unless, of course a vessel not under command") must not use the NUC signal but show the appropriate lights and shapes as prescribed in Rules 23, 24, 25 and 26 of the COLREGS and must take action to avoid collision as required.