Who has "Right-of-Way"?

I'm told that as we grow older, our capacity for "short term memory" increases. Or does it decrease? I have trouble remembering that. Okay, anyway, where were we? Oh yes, on trying to remember things. There are some good techniques that we can use to assist us in remembering important information. A good thing for mariners to remember is Navigation Rules 12 & 13. First the Rules, and then an easy way to remember them.

Nav Rule 12 governs the conduct of two vessels under sail "approaching one another" and "in sight of one another." The Nav Rules define being "in sight of one another" only when "one can be observed visually from the other." That excludes being too far away, obscured by fog or otherwise not visible by the operator of another vessel. Nav Rule 13 governs all vessels. Both Rules together address three basic scenarios:

1. Vessels on different tacks. Rule 12 states that "when each has the wind on a different side, the vessel with the wind on the port side shall keep out of the way of the other." When the wind is coming over the port side, a vessel is on a port tack. The vessel on the port tack, the "Give Way" vessel, should take early action to allow sufficient sea room for safe passage.

2. The overtaking vessel. Rule 13 states that "any vessel overtaking any other shall keep out of the way of the vessel being overtaken." The overtaking vessel, which is passing the other from astern, should take early action to allow sufficient sea room for safe passage.

3. Vessels on the same tack. Rule 12 states that "when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel that is to leeward." The vessel closest to the wind, the "Give Way" vessel, should take early action to allow sufficient sea room for safe passage.

Notice that Nav Rules 12 & 13 do not use the term "right of way" but instead say that one vessel shall "keep out of the way" of the other. The term "right of way" is not stated since that would imply an "absolute right." Since Nav Rule 2 requires a "departure from these Rules necessary to avoid immediate danger", no vessel under sail has an "absolute right" over another. In essence, one vessel has the duty to maintain present course and speed while the other must take action to keep out of the way, but both vessels have a duty to avoid a collision.

How do we remember all of this? The phrase "POW's have less rights" reminds us that the vessel on the port tack (P), the overtaking vessel (O) and the vessel to windward (W) are the "Give Way" vessels. Their rights to proceed are "less" than the other vessels in those three scenarios, since they are obliged to "keep out of the way" of the others. Hopefully, this will help you improve your memory!

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