99022 Rule of the Road - Claiming Priviledge

Rule of the Road - Claiming Priviledge
Report No. 99022

In MARS 96010 (April 1996), the author has obviously faced certain navigational problems whilst transiting the Singapore Strait because of traffic on his starboard side. Both vessels are power driven and the author is on vessel 1 navigating in the westbound lane of the TSS. He claims that vessels like his own invariably proceed at full sea speed or manoeuvring speed and "it is not uncommon to meet 100,000 dwt tankers in ballast making 15 knots with the west going stream up to 4 knots". He further adds "can they realistically be expected to alter their course to starboard or slow down" to avoid a collision with vessel 2. In this situation the author believes that he should be able to claim certain privileges.

RULE 8(a) - GOOD SEAMANSHIP. When aware that crossing traffic is expected in the region, density of traffic is fairly high, and the size and speed of vessels is are high, then it is all the more reason that extreme caution is exercised by him as well as the other vessels to avoid any risk of collision. In such a situation, the author should be more concerned with his responsibility to avoid collision by complying with the appropriate Rules and applying the concept of good seamanship, rather than trying to claim non existent privileges.

RULE 6 - SAFE SPEED. Rule 6 states that "every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and can be stopped within a distance appropriate to the prevailing circumstances and conditions". Why should vessel 1 proceed at such a speed that she may find it difficult to stop engines and avoid a collision? Safety factors should always override any commercial or other considerations which are inhibiting the master from proceeding at slow speed.

RULE 10 - TRAFFIC SEPARATION SCHEME. States that "This Rule applies to traffic separation schemes adopted by the organisation and does not relieve any vessel of her obligation under any other Rule". In other words, Rule 15 (crossing vessel) shall apply even if the author is in a TSS.

RULE 2 -RESPONSIBILTY. The author has more than once tried to take shelter under Rule 2(b) which allows the master to "depart from the Rules to avoid immediate danger". He has obviously read the Rule but has ignored the spirit of it. This Rule spells out the responsibility to take action to avoid a collision even if it means breaking another Rule to achieve this purpose. By no stretch of the imagination does it imply that the give-way vessel can happily maintain her course and speed and expect the stand-on vessel to keep out of the way, merely because she is transiting a TSS at full speed. In other words, if a risk of collision exists, the master of a give-way vessel is expected to take positive action, which may not be strictly in compliance with the Rules, as long as it helps in avoiding the immediate danger. Maintaining course and speed is an inaction or passive action which is only applicable to certain vessels in specific situations as spelt out in the Rules. It cannot be taken to be a positive action under Rule 2.
RULE 8(f)(i) - AVOID IMPEDING ANOTHER VESSEL and RULE 9 - NARROW CHANNELS - If it could be proven that there was insufficient space around a vessel to take action to avoid a collision, it is possible that the author could consider himself to be in a "Narrow Channel" within the meaning of Rule 9. In such a case vessel 2, as per Rule 9(d) should not cross the path of vessel 1 if it impedes the latter vessel in the TSS and vessel 1 should take early action to allow sufficient sea room for the safe passage of vessel 1 as per Rule 8(f)(i). However the author should bear in mind Rule 8 (f)(iii) which makes it clear that he remains fully obliged to comply with all the Rules (including Rule 15, in this case) when risk of collision is involved.

CONCLUSION. Taking all the above into consideration, it is clear that vessel 1 is fully obliged to take action to keep clear of vessel 2. At the same time, vessel 2 is fully obliged not to impede passage of vessel 1 if the TSS is treated as a narrow channel. Considering that vessel 2 is coming out of Keppel harbour, he should not be in too much of a hurry to increase his speed or try to cross over into the eastbound lane without first ascertaining that his path is absolutely clear. Also, good seamanship dictates that vessel 2 should be prepared to take action as a stand-on vessel in accordance with Rule 2(b) knowing full well that vessel 1 is limited in ability to take action. If a North/South TSS were created starting from Keppel Harbour and a roundabout instituted where it crosses the East/West TSS, safety in the region would be greatly enhanced.