A warm summer’s day under a cloudless sky; the boat glides solitary under engine power across the mirror-smooth sea. Only a single cargo ship in the distance, ahead on the port side, breaks the endless expanse. It seems to be gradually growing larger, though it is not yet clear whether the bearing is correct.
A careful look through the nautical binoculars fitted with a bearing compass not only clarifies this – it also helps to identify any day marks: If the freighter displays, for example, two black balls one above the other, it is unable to manoeuvre. If it flies a black cylinder, it is considered to have restricted draught. In neither of these cases should one expect the freighter to give way.
No built-in priority
The following is often quoted as a guiding principle: Commercial shipping should, as a general rule, be avoided. This may – even taking Rule 2 into account (Think for yourself rather than insisting on right of way) – whilst this may well be sound advice in many cases, it does not reflect the actual order of priority of traffic as set out in the International Regulations for Preventing Collisions at Sea (COLREG). This is because COLREG makes no distinction between commercial and recreational shipping.
A distinctive feature of the IRPC is that it does not distinguish between vessels on the basis of size or intended use. Whether it is a Bavaria 34 or the ‘Gorch Fock’ – provided both are sailing – they are regarded as equivalent sailing vessels under the IRPC. If they were travelling under engine power, they would be motor vessels. And whether it is a private fishing boat with an outboard motor or a commercial freighter – they too are, in principle, equivalent motor vessels under the COLREGs, provided neither indicates a different status.
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I have often found, out on the open sea, that even large vessels have given way to my yacht without hesitation when I was sailing or approaching them from their starboard side under power. Although Rule 2 still requires me to exercise particular caution, it does not redefine the allocation of responsibilities. The larger vessel remains, in principle, obliged to give way and will, as a rule, do so provided it is able to.
If this is not possible without difficulty – for example, in shallow coastal waters or when within a certain proximity – I, too, remain obliged to do my part to defuse the situation. However, this concerns the specific circumstances of the case, not whether one is travelling for private or professional reasons.
Everyone does what they can
The KVR distinguishes between only a few categories of vessel: motorised vessels, sailing vessels, fishing vessels, and vessels with restricted manoeuvrability, vessels incapable of manoeuvring, and vessels with restricted draught. The division of roles amongst them is set out in Rule 18, with the KVR primarily based on manoeuvrability: which vessel is least restricted in its choice of course and speed in open waters?
In summary, this results in the following ranking:
- vehicles that are unable to manoeuvre and those with restricted manoeuvrability,
- fishing vessels,
- Sailing vessels,
- Motor vehicles.
Motorised vessels are at the very bottom of the hierarchy – they must give way to all other categories of vessel. Next come sailing vessels, to which only motorised vessels must give way. Meanwhile, all other vessels must give way to vessels that are unable to manoeuvre or have restricted manoeuvrability. In addition, there are vessels with restricted draught, whose safe passage must not be obstructed by any other vessel, unless that vessel is itself unable to manoeuvre or has restricted manoeuvrability. One should therefore not even approach them in such a way that for a contingency situation to arise at all could. Seaplanes and ground-effect vehicles (GEVs), which are rarely encountered, are to be excluded; according to the KVR, they should, as far as possible, ‘keep well clear’ of all other vessels.
Specific individual cases
You are what you show
Classification does not depend on the basic design – what matters is the propulsion system currently in use and what the vessel claims to be. Even a typical fishing boat is only clearly identified as such when it displays the appropriate day mark in the form of an hourglass or, at night, a red or green all-round light above a white one (green above white = trawler).
For a sailing vessel, the sails set form the day mark. This repeatedly gives rise to discussions when sailors, in light winds, sail under engine power without having previously signalled a ‘motor cone’ (tip pointing downwards). However, this breach of Rule 25(e) does not exempt the skipper in question from the obligations that apply to him as the operator of a motorised vessel (see Rule 2). It is not unusual for a sailing boat to become a motorboat – but I have also experienced the reverse situation, when the masthead light on my sailing yacht suddenly failed whilst I was motoring through a pitch-black night. So, for everyone else, I was suddenly a sailor again, even though I was travelling under power, and had to behave accordingly towards them in situations requiring manoeuvring. Due to unfortunate circumstances, a recreational craft could also become an unmanoeuvrable vessel, for example in the event of a rudder failure.
I have also experienced the engine suddenly cutting out whilst out on an evening trip in a motorboat on a busy shipping lane. Fortunately, as darkness was falling, there were two red all-round lights on board to alert other vessels to the fact that the boat was unable to manoeuvre. For marking the boat during the day, a second black ball should be kept on board in addition to the anchor ball. Recreational craft, on the other hand, can hardly ever be considered manoeuvring-impaired. This is because such a designation presupposes that a vessel, due to the nature of its operation, is unable to manoeuvre as prescribed by the rules – for example, because it is carrying out dredging or other underwater work, clearing mines or performing supply duties.
The faster one gives way
Rule 18 is also subject to one proviso: that vessels are overtaking one another. In this case, according to Rule 13, the overtaking vessel – that is, the faster vessel – is generally obliged to give way, regardless of where both vessels stand in the order of priority under Rule 18. You become the overtaking vessel when you approach another vessel within its stern light sector. This extends over 135 degrees, i.e. from astern to 67.5 degrees on either side. At night, you are therefore the overtaking vessel if you are approaching a vessel whose stern light is visible; during the day, if you are approaching another vessel at an angle more than 22.5 degrees astern of abeam (67.5° + 22.5° = 90° = abeam). If this cannot be clearly determined, Rule 13(c) states that, in case of doubt, you must assume that you are the overtaking vessel.
A sailor may therefore also be obliged to give way to a motorboat whilst overtaking it. And this division of responsibilities does not change even if the sailor sails in front of the motorboat’s bow after passing it. This is because every manoeuvre to give way must result in a safe passing distance – the manoeuvre is not complete until this has been achieved. Rules 12, 14 and 15 govern how vessels of equal priority that are not in the process of overtaking are to behave towards one another. These rules apply only where there is a risk of collision.
The tree shows the way
When two yachts meet, the direction of the wind is crucial. Experienced sailors speak of ‘port bow before starboard bow’ and ‘leeward before windward’. Thus, yachts with the wind on their port side are obliged to give way to yachts with the wind on their starboard side. If they have the wind from the same side, the sailor on the windward side must give way to the sailor on the leeward side. According to Rule 12b, the wind direction is defined as the side opposite the mainsail. So even for a sailor on a butterfly course, there is a clear windward side: If they have the main boom to starboard, they have the wind from port, and vice versa.
At night, the position of the mainsail is determined by the prevailing wind direction. However, for yachts on very close-hauled courses, the position of the main boom is often no longer clearly discernible. In this case, it depends on the position of your own main boom: if I have the wind from port and I see the other sailor to windward, I am obliged to give way despite my ‘lee position’, as the other sailor could also have the wind from starboard and would then be the right-of-way vessel. If, on the other hand, I had the wind from starboard, I would, as the leeward vessel, definitely be the one to give way. For square-rigged vessels, the windward side is the side opposite the largest set square sail.
Right before left
When it comes to motorised vessels approaching one another, it depends on whether their courses are crossing or whether they are approaching head-on. In the first case, the rule is effectively ‘right before left’, because when courses cross, the vessel that has the other vessel on its starboard side is obliged to give way. The vessel required to give way should, where possible, pass the vessel on course as close as possible to its stern – in other words, it must not cut in front of its bow.
If two motor vessels are heading directly towards one another, both must give way to starboard. In this case, there is no vessel on course; rather, both are equally obliged to give way. At night, this can be recognised by the fact that, to the right ahead, next to the top light, both side lights of another vessel are visible. Should there be any doubt as to whether the vessels are actually on opposite courses, Rule 14(c) shall be assumed to apply.
When things get tight
The KVR also define specific stretches of water where the order of priority of the various categories of vessel is superseded by other rules: the narrow fairways (Rule 9) and the Traffic separation zones (Rule 10). Thus, sailing boats and motorboats under 20 metres in length must not obstruct the safe passage of vessels using these waterways. The same behaviour is therefore required here as when dealing with vessels with limited draught. This applies regardless of whether a sailing vessel or a motorboat under 20 metres is using the waterway in question itself or is approaching it from outside.
In a traffic separation scheme (TSS), however, the requirement not to obstruct applies only to motorised vessels following the specified routes; in a narrow fairway, it applies to any vessel using the waterway. Vessels between which there is no duty not to obstruct must continue to behave in accordance with the other collision prevention rules. Furthermore, the duty not to obstruct applies to all vessels wishing to cross a narrow channel. In practice, all vessels wishing to enter a narrow fairway are required to wait. They must wait until the fairway is clear in all directions.
Furthermore, vessels in the fairway are required to keep to the right. At narrows and when overtaking, they must sound appropriate signals where necessary. However, the German Collision Regulations (KVR) do not contain a clear definition of the term ‘narrow fairway’. Many recreational boaters think of laterally marked fairways, i.e. those with red and green navigation buoys. In fact, however, it depends on the circumstances: For instance, areas of water may also be regarded as narrow fairways if, due to their natural topography (width, depth profiles, etc.) or the prevailing traffic density, they restrict the use of large vessels to such an extent that special traffic management is required. If in doubt, it is helpful to consult nautical charts and local sailing guides.
Strict separation
VTGs are designed to separate traffic travelling in opposite directions. To this end, a separation zone is established between the two directions, which is marked on the nautical chart. Outlined arrows indicate the respective prescribed direction of traffic. Vessels wishing to use a VTG should, where possible, enter and exit at its ends. If this is not possible, they should enter the VTG at as acute an angle as possible to the general direction of traffic. In all cases, all vessels within the VTG must keep clear of the separation zone.
A so-called coastal traffic zone is sometimes designated between a VTG and the nearest coastline. It is largely reserved for sailors, motorboats under 20 metres and fishermen. In practice, therefore, recreational craft are well advised to stay within this zone. Crossings should be made either before or after the VTG. If crossing a VTG cannot be avoided, the KVR even specifies the course to be taken: with the keel line at a right angle to the general direction of traffic. This is not necessarily the shortest route – after all, the boat could be driven sideways by wind drift or tidal currents.
However, the clear visibility of the manoeuvre is more important than the time taken. Vessels within the VTG should be able to clearly recognise the intention of the crossing vessel by the orientation of its hull or, at night, by its position lights. The relevant chart course should therefore be taken as a course by direction rather than a course over ground.
Further special regulations apply on bodies of water subject to supplementary national regulations, such as the German Maritime Waterways Regulations. These will be covered in the next instalment. Furthermore, the provisions of the KVR discussed in this instalment regarding the order of priority and the giving of way between sailing vessels or motorboats apply only to vessels that are within sight of one another. What applies in the case of poor visibility We’ll also explain what this entails in the next episode.
Book recommendations
Rules for the prevention of collisions provides commentary on the international rules for the prevention of collisions at sea, tailored for practical use on board. Numerous illustrations and clear summaries help readers to identify man-oeuvring situations, visual signals and buoyage more quickly.
Maritime Traffic Regulations goes beyond the KVR and brings together the rules for German maritime waterways in an annotated form. The volume explains types of vessels, lights, signalling devices, and sound and light signals, and also covers traffic in nature conservation areas and restricted zones. It is particularly useful for skippers when navigating waterways, not just in terms of the basic rules, but also their application in specific areas.
Is it good seamanship to insist on maintaining one’s own course when a large vessel finds it difficult to take evasive action? Please share your thoughts in the comments.
Sven M. Rutter
Freier Mitarbeiter