On lovely summer’s days, popular waters can sometimes be so packed with boats and yachts in such a confined space that, from the shore, it looks as though you could walk from boat to boat to the opposite bank without getting your feet wet. What makes for an impressive sight from a spectator’s perspective can be a source of considerable stress for those involved: Who has to give way? Who should hold their course? To what extent do the established rules of way actually help here? Can such situations really be resolved solely through the formal allocation of roles? Or is it not rather a case of considerate cooperation in the spirit of good seamanship that is required here? The answers lie in an examination of the applicable rules governing basic behaviour in maritime traffic – not in the sense of a legal treatise, but with regard to the practical guidelines that arise from them.
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In driving lessons, the topic of maritime law often elicits groans from the class. This is because many people associate it with the tedious rote learning of convoluted rules that have little to do with real life. Yet it is precisely the most important body of maritime law – the 1972 International Regulations for Preventing Collisions at Sea, or the Collision Regulations (CR) for short – that provides surprisingly practical guidelines for correct behaviour on the water. With just 16 rules on right of way and manoeuvring, they govern all maritime traffic worldwide – the rest consists of general guidelines and regulations on lighting and day marks. And with a mere 17,000 characters or so – little more than this YACHT article – they cover a wide variety of situations.
Not a collection of quotations
This is achieved thanks to a well-thought-out system. To understand the KVR and put it into practice, one must therefore not simply consider the individual rules in isolation. Famous quotes from literature such as ‘Something is rotten in the state of Denmark’ do not, in themselves, explain what Shakespeare’s play ‘Hamlet’ is really about.
A typical example is the situation where a sailing yacht and a container ship must give way to one another under the KVR. According to Rule 18, the container ship, as a motorised vessel, would be required to give way. In practice, however, any sailor would be well advised to keep as clear as possible of the large container ship. The same applies to a motor yacht approaching from starboard, in which case Rule 15 would also require the container ship to give way. A discrepancy between theory and practice is often assumed here. However, if one considers the KVR as a whole, this supposed conflict largely resolves itself. It is simply not just a matter of Rule 18 or Rule 15. And therefore, not every case is as clear-cut as it might appear at first glance.
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Pure specifications
A distinctive feature of the rules for preventing collisions is that they do not grant vehicles any rights, but solely impose obligations. In discussions about situations where vehicles must give way, the term ‘right of way’ is often used. However, this concept does not exist in the Rules of the Road. Instead, there are those obliged to give way and those obliged to maintain their course. The latter are obliged to maintain their course and speed. A road user with right of way would not be subject to such restrictions – provided they do not thereby endanger any other road user.
An example: if a sailing boat and a motor yacht are approaching each other on a collision course, the sailor can no longer simply do as he pleases. Whilst the motor yacht is obliged to give way under Rule 18, the sailor also has an obligation – namely, to avoid changing course if at all possible. This is intended to prevent an evasive manoeuvre from being thwarted by a counter-manoeuvre by the other vessel. Of course, there are situations – and these are also encountered in practice – where this is not so easy to put into practice. However, the KVR also provides appropriate guidelines for such cases.
Incidentally, only vessels as defined in Rule 3 can be regarded as the vessel keeping course or the vessel obliged to give way. This includes all watercraft that can be used as a means of transport on the water. This also applies to windsurfers, rowing boats and pedalos. An air mattress or other swimming equipment, on the other hand, are not considered vessels. They are excluded from the typical allocation of roles under the German Waterways Traffic Regulations (KVR). However, this does not exempt other road users from the duty to avoid collisions.
Rules without a free pass
This obligation is derived from Rule 2, which stipulates that ‘all hazards to navigation and the risk of collision’ must always be taken into account. It forms part of Section A of the KVR, which is entitled ‘General’. It precedes the actual rules of way and manoeuvring and sets out the overarching framework. The principles set out here apply at all times and must always be borne in mind.
And Rule 2 requires significantly more than simply complying with the rules of way set out in Part B – such as Rule 18 or 13. All masters and crews must at all times take adequate precautions ‘as required by general maritime practice or the particular circumstances of the case’. Rule 2 even expressly obliges them to deviate from the specific rules of way set out in Part B if this is necessary to avert an immediate danger.
In practical terms, this means that, in addition to simply applying the rules, a situational assessment is also required:
- no rigid approach to right of way
- no blind insistence on retaining its status as a course-holder
- but rather responsible risk prevention
The question is therefore: what would be the safest way, in this specific instance, to reduce the risk of a collision?
Applying this to the example of the container ship: if a sailing boat or a motor yacht approaches a huge cargo ship in such a way that there is a risk of collision, are sufficient precautions actually taken to reliably avoid a collision? Is such behaviour in line with general maritime practice? Or would it not be more appropriate, under Rule 2, to maintain a safe distance?
A matter of interpretation alone?
At first glance, it may seem arbitrary: is it all a matter of discretion? Yet even within the KVR, the principle applies that more specific law takes precedence. This means there is a clear division of roles: a container ship obliged to give way under Rule 18 or 13 does not suddenly become the vessel to maintain its course simply because of Rule 2.
However, the fact that the sailing boat is the vessel giving way under Rule 18, or that the motorboat is approaching from starboard under Rule 13, does not constitute a free pass. Rule 2 does not redefine the roles, nor does it absolve anyone of responsibility. The specific rules of way set out in Part B generally apply – but they also require the other party to think responsibly. In practice, this means putting yourself in the other person’s shoes: might they have overlooked me? Are they even in a position to give way in accordance with the rules without getting into trouble themselves?
Thinking things through rather than imposing one’s will
As soon as there is any uncertainty as to whether a situation can be resolved smoothly for all parties involved in accordance with the KVR’s rules on giving way, one should not act rashly. In practice, this means, for example, easing off the accelerator in unclear situations, keeping yourself out of the way, establishing radio contact if necessary, and so on.
Rule 2 does not, however, undermine the rules on giving way, but rather ensures that additional consideration is given to difficult situations which cannot be resolved so easily in practice. For example, when several vessels are involved and the situation becomes confusing. Compliance with the KVR therefore requires the exercise of good seamanship in the sense of considerate cooperation.
Always drive by sight
Rules 5 and 6 translate the general principle of caution into specific obligations. In practice, their requirements for keeping a watchful eye out and maintaining a safe speed are virtually inseparable. This is because a safe speed means being able to give way to another vehicle that suddenly appears at any time without any difficulty. And this, in turn, requires that other vessels be spotted in good time – in other words, that one must keep a constant lookout.
Conversely, to put it rather bluntly, one could also say: without a lookout, no speed is truly safe. This poses a problem for long-distance solo sailors: during rest periods, they usually rely on an electronic collision warning system using AIS and/or radar. However, AIS only detects vessels that are themselves transmitting data, whilst radar detection depends on the target’s reflective properties and the prevailing conditions.
According to the KVR, however, the lookout is required to gain ‘a complete overview of the situation’ – by ‘seeing and hearing’ as well as by any other available means appropriate to the prevailing conditions. In conditions of restricted visibility, radar and AIS are therefore very welcome aids. Otherwise, it is important to keep your eyes open – including towards the stern and behind the sails.
Global speed limit
In addition to visibility and the limitations of technical systems, the guide lists further factors that are crucial for maintaining a safe speed – including traffic volume and manoeuvrability. For sailors, who have only limited control over their boat’s speed, this means remaining ready to manoeuvre at all times in challenging situations. When under engine power, however, in heavy traffic or bad weather, one should keep one’s hand close to the throttle.
Similarly, visibility restrictions caused by the coastline must be taken into account – even radar and on-board AIS cannot see beyond a high headland. Particular caution is also advised in areas where people are swimming or windsurfing – as a person’s head or an overturned board in the water are often only visible at the very last moment.
In everyday life on pleasure craft – particularly those with a small crew – there is yet another factor to consider: here, the effective field of vision is often significantly less than the theoretical range of visibility, which also puts certain rules of thumb, such as the half-distance rule, into perspective. Anyone who is simultaneously steering, navigating, trimming the sails or preparing a manoeuvre cannot constantly monitor the entire surroundings at the same time. In practice, therefore, a safe speed should be based more on what the crew can actually assess. In short: assess your own ability to react realistically and, when in doubt, it is better to slow down a notch.
Consideration rather than dogmatism
The KVR provide guidance on the early prevention of hazards – that is their core purpose. They regulate not so much ‘rights’ as responsibilities. And they are based on the assumption that skippers will behave in a suitably responsible manner: consideration rather than dogmatism, and caution rather than recklessness – on this basis, a streamlined set of rules is sufficient.
Where do the KVR apply?
According to Rule 1, the scope of the KVR covers the high seas and ‘waters connected thereto and navigated by seagoing vessels’. The term ‘high seas’ is defined in the United Nations Convention on the Law of the Sea (UNCLOS).
Accordingly, every state may claim a zone extending up to 12 nautical miles from its coastline as territorial waters. This 12-nautical-mile zone is also known as the territorial sea. In addition, there is a contiguous zone up to 24 nautical miles wide and an exclusive economic zone (EEZ), which can extend for up to 200 nautical miles.
However, as these zones usually form a continuous body of water with the high seas, the KVR apply throughout these areas. This includes even bodies of water that extend inland, provided they are navigated by seagoing vessels. And in Germany, seagoing vessels also sail on the Elbe as far as Hamburg or on the Weser as far as Bremen.
However, states may enact special regulations for their territorial waters which supplement the provisions of the KVR. In Germany, the Maritime Waterways Regulations (SeeSchStrO) are particularly noteworthy in this regard. In border areas with other countries, joint regulations may also apply, such as the Ems Estuary Navigation Regulations, which are based on a German-Dutch agreement. In addition, there are local regulations such as harbour by-laws. Before setting sail, one should consult local navigation guides to familiarise oneself with any relevant national and regional specificities. Apart from supplementary national regulations, the KVR form the central foundation of collision prevention on waters navigated by seagoing vessels.
Book recommendations
KVR. SeeSchStrO brings together the international rules for the prevention of collisions at sea, the Maritime Traffic Regulations and the Ems Estuary Navigation Regulations. Readers can consult the full text of the rules explained in the article and keep the legal basis for situations involving sailing boats, motor yachts and commercial shipping to hand.
Maritime Navigation Regulations provides an in-depth guide to the national traffic regulations for German maritime waterways. Among other things, this annotated edition explains navigation rules, lights, signal devices and regulations governing emergency zones, nature reserves and restricted areas. Unlike the first volume, which is a concise compilation of the entire code, this edition provides greater context and guidance for practical application when general KVR rules are applied to specific local conditions.
Rules for the prevention of collisions complements the article with a compact on-board edition of the International KVR. The publication contains the full text of the rules, illustrations, clear summaries and visual signals for small vessels. This allows you to look up right-of-way rules, course-keeping rules and guidelines on safe speed directly on board. The book is particularly suitable for sailors who wish to apply the rules confidently not only during their sailing licence course but also in practice.
On the water, is formal compliance with the law too often prioritised over a safe solution? Where does adherence to the rules end and good seamanship begin? Share your views in the comments.
Sven M. Rutter
Freier Mitarbeiter