Responsibility

Most mariners think of themselves as responsible boaters. But, what exactly is a responsible boater? We all have our own opinion of that. You shouldn't be surprised that the Navigation Rules address that issue.

Nav Rule 2 is entitled "Responsibility." We refer to it as the "Responsibility Rule." Rule 2 has two parts. First, paragraph "a" states that we have the responsibility to "comply" with the Rules. In "landlubber" terms, what that means is that "ignorance of the law is no excuse."

What might surprise you is that paragraph "b" outlines the circumstances under which "departure" from the Nav Rules may be necessary to avoid immediate danger. That's right, there are cases where it may become necessary to operate contrary to what is specified in the Rules.

On the water, we don't have the luxury of having painted double yellow lines, concrete curbs or traffic lights to guide us. What we do have is a set of Rules that tell us in general, about the conduct that we can expect from other mariners and what they can expect of us. The Rules also prescribe the appropriate conduct in a many routine situations.

However, on the water, there are other variables that involve wind, the sea state, currents and mechanical failure, just to name a few. The Navigation Rules cannot anticipate as many situations as the motor vehicle rules, given that vessel traffic patterns are so much less structured. We simply have more "gray" areas on the water than on land.

The Navigation Rules anticipate that mariners will have due regard for all dangers of navigation, including collision and any special circumstances that may arise. Accordingly, it may be both prudent and reasonable to depart from the Rules to avoid immediate danger to your vessel, passengers or crew.

Departure from the Rules is a serious decision and should not be taken lightly. It is not a "loophole" through which to rationalize an unsafe or irresponsible maneuver. It is a provision in the Rules that anticipates situations for which following the "letter" of the law may not be as effective as the mariner's best judgment. The object is to avoid injuries or a collision with another vessel.

An example of where departure from the Rules would be appropriate is the case where in heavy vessel traffic, the relationships between vessels become too complicated to clearly apply the Rules. Your obligation to one vessel under the Rules may cause you to impede the passage of another. It is incumbent upon all mariners to evaluate such situations and take action that will result in the safe passage of all vessels.

On the water, we use the terms "Give Way" vessel and "Stand-On" vessel. The Give Way vessel has the obligation to take early and substantial action to keep out of the way of the other vessel. The Stand-On vessel has the obligation to maintain her course and speed so that the Give Way vessel knows how to go about "Giving Way." In the case of departing from the Rules, when necessary, the Stand-On vessel may have to maneuver around someone instead of "maintaining course and speed."

The bottom line is to use your common sense in those gray areas where the Rules may not do the trick.

Until next time, I wish you clear skies, fair winds, and calm seas!