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ColRegs Rule 8 part 4 paragraph ii

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  • ColRegs Rule 8 part 4 paragraph ii

    "A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation is approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the Rules of this part."

    Can anyone break this down and explain this for me, please?!

  • #2
    If a collision situation exists between you and a vessel which is RAM, CBD or operating under any other "unusual" constraints, you must still comply with the colregs and not hit them. So if, in a crossing situation say, where you would be the stand on vessel in normal circumstances, you can't just assume they will alter for you.

    Size4riggerboots

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    • #3
      I didn't want to answer this question because I'm literally just about to go for orals and didn't want to crash and burn in public if I was wrong (luckily my answer was the same as S4s) ... but what I wanted to say was during my sea time I asked A LOT (relatively) of people to explain this little section and quite a few really couldn't. So it is a really good question and for me I would vote this as one of the most awkwardly worded parts of the rules, which is quite a title to hold.

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      • #4
        Originally posted by size4riggerboots View Post
        If a collision situation exists between you and a vessel which is RAM, CBD or operating under any other "unusual" constraints, you must still comply with the colregs and not hit them. So if, in a crossing situation say, where you would be the stand on vessel in normal circumstances, you can't just assume they will alter for you.
        Thank you very much size4, although it took me a while to work out that RAM and CBD = Restricted in Ability to Manouevre and Constrained by Draught!

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        • #5
          Also applies to sailing vessels, less than 20m PDV and fishing vessels in / near TSS. If, for example, a PDV less than 20m started to get in the way of a vessel in a traffic lane, and ends up in a crossing situation, they maybe a stand on vessel as per rule 15, but should still try to get out of the way, allow "sufficient sea room" . Of course the vessel they impede must still follow 15. Hence the "have full regard to the action which may be required by the Rules of this part" to discourage turning to port or anything else which may render the standard action of a give way vessel less effective.

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          • #6
            Originally posted by Tony View Post
            Also applies to sailing vessels, less than 20m PDV and fishing vessels in / near TSS. If, for example, a PDV less than 20m started to get in the way of a vessel in a traffic lane, and ends up in a crossing situation, they maybe a stand on vessel as per rule 15, but should still try to get out of the way, allow "sufficient sea room" . Of course the vessel they impede must still follow 15. Hence the "have full regard to the action which may be required by the Rules of this part" to discourage turning to port or anything else which may render the standard action of a give way vessel less effective.
            This is a good point, if a vessel is in a traffic lane and then has a crossing situation with a vessel on her starboard side - which vessel should get out of the way?

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            • #7
              That vessel would still be a give way vessel and have to take action, but if the other vessel is required not to impede as per rule 10 then they should also try to avoid the risk of collision. I have always taken "allow sufficient sea room" to mean don't let risk of collision develop, so even if you should not be impeded and there is risk of collision, act as normal.

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              • #8
                I got a really good example for this from a friend...

                "So consider a large tanker proceeding down a narrow fairway. If a vessel approached on her stbd side in open water the tanker would be bound to alter course and/or speed as the give way vessel. But because she in now a vessel not to be impeded, the usual stand on vessel is bound to keep clear, however, both vessels always have a responsibility to avoid collision."

                "... both are still duty bound.It comes down to good seamanship.
                A smaller more manoeuvrable vessel keeps clear of a larger, laden one.
                Or a vessel crossing a TSS keeps clear of a vessel following the general flow of traffic.
                But if the give way vessel doesn't take action the stand on vessel is bound by the rules to do something about it too."

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                • #9
                  As per rule 18 when you break down the PDV vs. RAM/CBD if you are required not impede the safe passage or passage of a vessel. With rule 8 in mind:

                  8(f)i try to not actually be in that situation in the first place as the PDV take early action.

                  8(f)ii if you are in the situation THINK about the actions of the ram/CBD if she can/will alter. Good seamanship!

                  8(f)iii the CBD/ram is never relieved of her obligation to take action to avoid collision. If you re on the CBD the rules won't save you if you steam on your way.

                  Just my 2pence

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