Rules of way: Right of way and giving way: These are the rules that sailors need to know

Ships are built to sail the world’s oceans. To ensure this can be done without accidents, the maritime states united within the United Nations International Maritime Organisation (IMO) agreed on rules for the prevention of collisions (COLREGS) as early as 1972. And from the outset, these were intended not only for the high seas, but also – and above all – for adjacent waters. The maritime nations were also expected to harmonise their local regulations on the basis of the COLREGs. This has now been achieved. Time-honoured rules of thumb such as ‘port bow before starboard bow’, ‘leeward before windward’ or ‘the overtaking vessel must give way’ are reflected in them. But do these rules apply at all times and without exception?

Sailors are familiar with these simple rules of thumb, not least because they form part of the standard set of questions in sailing and boat licence exams, and because they can be used to defuse the overwhelming majority of all tricky situations at sea.

However, for those who do not navigate on the water on a daily basis, the tricky part lies in a few exceptions set out in the collision prevention rules and some local regulations – and, above all, in determining when one rule takes precedence over another. What applies where? The diagram illustrates the structure of the various ‘spheres of regulation’:

Rule-Exception Principle
The rules for the prevention of collisions are based on the principle that, when two vessels encounter one another, one must give way in good time and in a clearly recognisable manner, whilst the other is obliged to maintain its course and speed in a clearly visible manner. At the same time, they stipulate that exceptions may be made where special circumstances so require – for example, where the course of the fairway necessitates it. The Collision Prevention Rules also specify how an evasive manoeuvre should be carried out; according to Rule 16, it must be ‘prompt and decisive’.
In some places, exceptions to the rules arise from local regulations, as shown in the diagram above. There, the KVR are supplemented by special regulations such as the Maritime Waterways Regulations (SeeSchStrO) or, in the estuary area of the Ems and Leda, by the German-Dutch Ems Estuary Navigation Regulations (EmsSchO).

Rule 1(b) of the KVR does indeed stipulate that “such special provisions must, as far as possible, be consistent with these rules”. However, in a few cases, discrepancies are inevitable. If the KVR and a provision applicable alongside it are in conflict, the latter shall take precedence as the more specific provision.

What are a ‘confusing situation’ and a ‘last-minute manoeuvre’?

A confusing situation
An exception to the ‘lee before wind’ principle is set out in Rule 12(a)(iii) of the KVR: “When a vessel with the wind from the port side spots a vessel to windward and cannot determine with certainty whether the other vessel has the wind from the port or starboard side, it must give way to the other vessel.”

An exception to the rule that a vehicle overtaking another must give way applies in situations where visibility is poor, in accordance with Rule 13(c) of the KVR: “If a vehicle cannot safely determine whether it is overtaking another, it must assume that it is and act accordingly.”

Both exceptions reflect the principle which the KVR already imposes on the party who is unquestionably obliged to give way: the manoeuvre to give way must be carried out in good time and unambiguously, so that it is also recognisable to the vessel keeping its course. Otherwise, the latter is in turn obliged to act and the to initiate so-called last-minute manoeuvres.

The last-minute manoeuvre

Rule 17(a)(ii) of the KVR stipulates that the vessel on the course is exempt from its obligation if it becomes clear that the vessel required to give way is not acting appropriately and a collision must be avoided. Part of achieving this clarity involves first attempting to alert the other party to their duty to give way, for example by sounding five short blasts on the horn.

Key definitions

Open sea
All parts of the sea, except for the exclusive economic zone, the territorial sea or the internal waters of a State, or the archipelagic waters of an archipelagic State

Coastline
A line separating the land from the sea. It lies at the mean high-water mark.

Baseline
The officially recorded low-water mark along the coast.

Territorial waters
The zone between the coastline and a line running
twelve nautical miles out to sea, measured from the baseline (a State’s national territorial waters)

Inland waterways
The inland waterways listed in the second part of the BinSchStrO for inland navigation

Maritime shipping routes

1. Areas of water between the coastline or the seaward boundary of inland waterways and a line drawn three nautical miles seaward of the baseline
2. The areas of water in the seaward parts of the fairways in the territorial sea, bounded by fairway buoys
3. Sections of the adjacent inland waterways, such as the Elbe from its mouth to the Port of Hamburg

Traffic Separation Schemes (TSS) Areas with one-way lanes for different directions of travel, which channelling traffic at bottlenecks or headlands to reduce the risk of collisions. The traffic rules within a VTG are usually laid down in Section 10 of the KVR.

Coastal traffic zones
Areas between traffic separation schemes and the coast. These must not be used by through traffic which is able to navigate the traffic separation schemes safely. However, vessels less than 20 metres in length, sailing yachts and fishing vessels are permitted to use the coastal traffic zones

The wording of the most important rules on giving way

All vehicles

• A vehicle overtaking must give way. The overtaking vehicle is the one approaching from the sector obscured by the rear light.
• A vessel navigating a narrow channel or fairway must keep to its starboard side.

Sailing vessels

• A sailing vessel with the wind on the port side must give way to a sailing vessel with the wind on the starboard side.
• A sailing vessel on the windward side must give way to a sailing vessel on the leeward side.
• A sailing vessel must give way to vessels that are unable to manoeuvre, have restricted manoeuvrability or are fishing, unless those vessels are overtaking the sailing vessel.
• Sailing vessels that are using their engine power must comply with the rules of way applicable to motorised vessels.

Motor vehicles

• If two motorised vessels are approaching each other on opposite courses and there is a risk of collision, both must alter course to starboard.
• If the paths of two motorised vehicles cross and there is a risk of collision, the ‘right-before-left’ rule applies. You must pass on the rear side.
• A motorised vessel must give way to vessels that are unable to manoeuvre, have restricted manoeuvrability, or are fishing or sailing, unless those vessels are overtaking the motorised vessel.