Rules of right of way: Right of way and giving way: These are the rules 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. Seafaring nations were also expected to harmonise their local regulations on the basis of the COLREGs. This has since been done. Time-honoured rules of thumb such as ‘port bow before starboard bow’, ‘leeward before windward’ or ‘overtaking vessels must give way’ are reflected in them. But do these rules apply always 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 vast majority of tricky situations at sea.

However, for those who do not navigate the waterways on a daily basis, the situation can seem rather tricky, particularly due to certain exceptions set out in the Collision Prevention Rules and some local regulations – and, above all, the question of when one rule takes precedence over another. What applies where? The diagram illustrates the structure of the various ‘jurisdictions’:

Rule-exception principle
The Collision Prevention Rules assume that, when two vessels meet, 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 deviations from these rules are permitted where special circumstances so require – for example, because the course of the fairway necessitates it. The Collision Regulations also specify what an evasive manoeuvre should look like, namely, according to Rule 16, ‘in good time and decisively’.
In some places, exceptions to the rules arise from local regulations, as shown in the diagram above. There, the KVR are superseded by special regulations such as the Maritime Navigation Regulations (SeeSchStrO) or, in the estuary area of the Ems and Leda, by the German-Dutch Ems Estuary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 stipulates 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 in addition to it conflict, the latter shall prevail as the more specific provision.

What are a "confusing situation" and a "last-minute manoeuvre"?

A confusing situation
An exception to the "leeward gives way" principle is set out in Rule 12(a)(iii) of the COLREGs: “If a vessel with the wind on her port side sights a vessel to windward and cannot determine with certainty whether the other vessel has the wind on her port or starboard side, she must give way to the other.”

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 Highway Code: "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 that the KVR already imposes on the party who is unquestionably obliged to give way: they must give way in good time and in such a clear manner that the driver of the bus can also recognise this. Otherwise, the bus driver is obliged to take action 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 relieved of its duty if it becomes clear that the vessel required to give way is not acting appropriately and a collision must be avoided. Part of 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
The 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 area between the coastline and a line running seaward for
twelve nautical miles from the baseline (a State’s territorial waters)

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

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 bounded by navigation buoys in the seaward sections of the fairways in the territorial sea
3. Sections of the adjacent inland waterways, such as the Elbe from its mouth to the Port of Hamburg

Traffic separation zones (TSZ) Areas with one-way lanes for different directions of travel, which channel traffic at bottlenecks or headlands to reduce the risk of collisions. The traffic regulations in a VTG are usually laid down in the 10 KVR

Coastal traffic zones
Areas between traffic separation schemes and the coast. These must not be used by through traffic that 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 key rules on giving way

All vehicles

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

Sailing vessels

• A sailing vessel with the wind on her port side must give way to a sailing vessel with the wind on her 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 engines must follow the rules of way applicable to motor vessels.

Motor vehicles

• If two motor vessels are approaching each other on opposite courses and there is a risk of collision, both must alter course to starboard.
• If two motor vehicles are on a collision course, the 'right-of-way' rule applies. You must pass behind the other vehicle.
• A motorised vessel must give way to vessels that are unable to manoeuvre, have difficulty manoeuvring, or are fishing or sailing, unless those vessels are overtaking the motorised vessel.