99033 Overtaking Vessel Not Giving Way

Overtaking Vessel Not Giving Way
Report No. 99033

Own vessel, a 40,000 dwt product tanker departed the harbour about half an hour before a midsize chemical tanker. When I took over the watch at midnight, the same vessel was visible 1 point forward of my port beam at a range of 5nm and I could clearly see her green sidelight. The ARPA plot showed her to be steering 188 degrees true at a speed of about 12.5 knots. The CPA was 4 cables and she was passing ahead of own vessel. A compass bearing was taken and remained steady.

As we were getting into a close quarters situation, I finally called her on VHF Channel 16 and asked the OOW to clarify his intentions. The following are excerpts from the conversation:

1 other vessel: "You are overtaking me". With sidelights visible???? The fact that I had left harbour 30 minutes before him seems to have missed his attention.

2 other vessel: "If I alter to starboard, I will head for the oil field". The oil field was 12nm away on my starboard side.

3 other vessel: "If I alter to starboard, I will have to make a large alteration. You alter to port".

This particular OOW does not appear to understand COLREGS Rule 17 (a) (ii) and Rule 17 (c).

It was only after I had threatened to report the matter to his company that he finally offered to alter course to starboard round my stern. However, by this time, I had already initiated a round turn to starboard and thus asked him to maintain his course and speed.