Right of way

[brian8980]

As I was out last weekend I had a slight scare.  I had a 35 ft sail boat running straight at me and he hit his horn for me to move .  Now I was anchored, outside the channel, and I also had another boat that was behind me off to the left.  The sail boat was under power and had to maneuver around me and the other boat to avoid hitting BOTH of us.  As he goes by he yells “I am not sure who is wrong, you or me but I have the bigger boat so you should have moved". 

I talked with the other captain of the boat behind me and she said we were right. 

So who was right and what is the general rule of thumb here?  Also, what is the rule of thumb for anchoring inside and outside the channel?   

Gimper

[fishon42]

I just would have gave him the finger, especially if you were anchored outside of a channel.... <---not that fingerr either.

[Hotrod]

 

[Andys Delight]

"Bigger boat" rules never apply unless the bigger boat is in a channel and needs to stay in that channel so as not to run aground (ie a huge barge).  It is the sailboat's responsibility, whether under power or with sails raised, to give way to any anchored or drifting vessel.  Period. 

[Capt. Carl]

first sentence says it all....as far as anchoring inside a channel....totally illegal and and will probably get someone killed.

If operating a power-driven vessel, you must give way to:

    * Any vessel not under command, such as an anchored or disabled vessel
    * Any vessel restricted in its ability to maneuver, such as a vessel towing, laying cable, or picking up navigation markers, or a vessel constrained by its draft, such as a large ship in a channel
    * A vessel engaged in commercial fishing– Any vessel fishing with nets, lines, trawls, or other fishing equipment that restricts maneuverability; however, does not include a vessel fishing with trolling lines or other fishing equipment that do not restrict maneuverability
    * A sailing vessel unless it is overtaking

[Luna Sea 5]

   both of you guys should know the answer to this question IF you guys took your mandatory saftey exam.

[Hunter 2]

 

[IrishAyes]

Andy, only one thing wrong with one of your statements...a drifting vessel is considered being underway. Everything else is correct. The sailboat did not have the right of way. You were at anchor and not obligated to get out of his way. He had to avoid you even if he was under sail and not under power.

What Capt Carl provided is what is called a pecking order. The lower vessel in the pecking order has to give way to the vessel above it in the pecking order.

THE PECKING ORDER

There is a "pecking order" that can be used as a simplified memory aid to determine right of way for vessels of different types. Get very familiar with this list, as it is important to understand it thoroughly. The lower most vessel on the list is the give way vessel, and must stay out of the way of vessels that are higher on the list:

Overtaken vessel (top priority)

Vessel not under command
Vessels restricted in their ability to maneuver
Vessels constrained by draft
Fishing vessels engaged in fishing, with gear deployed
Sailing vessels
Power driven vessels

http://www.boatus.org/onlinecourse/ReviewPages/BoatUSF/Project/info5c.htm

Also, there is no 'rule of thumb'. It is either written in the rules and regs or it is not. 

[fishon42]

Not type up Joe. I don't know because I never took a boating test, but I can only guess the only logical answer to me would be: if ur not in a channel where's its mandatory for you to get out of a way, then there shouldn't be a problem. Anchoring up somewhere outside of the channel, and someone blowing a horn or flippin the bird at you telling you to move is jus chaotic. Like I said I don't personally know the rules, but that's just my common sense.

[Andys Delight]

Andy, only one thing wrong with one of your statements...a drifting vessel is considered being underway.

Really?  So hypothetically If I am fishing with the motor off on a drift and a boat flying at WOT heading directly at me from Starboard it's my responsibility to start my engines and get out of the way?  If he hit me would I be considered at fault because I was at drift and did not give way?

[Luna Sea 5]

Andy, only one thing wrong with one of your statements...a drifting vessel is considered being underway.

Really?  So hypothetically If I am fishing with the motor off on a drift and a boat flying at WOT heading directly at me from Starboard it's my responsibility to start my engines and get out of the way?  If he hit me would I be considered at fault because I was at drift and did not give way?

No.. If you are drifting, and the other boat is under power, you have the right of way, he has to move, unless you are in the middle of a channel.

[IrishAyes]

Andy, technically, yes, according to the rules you would have to do that. BUT, much more would come into play in that scenario. A major part of the rules is that a vessel MUST take all necessary actions to avoid a collision even if they have the right of way. So, in a situation like that, the vessel moving should not bear down on a vessel adrift (or any other vessel for that matter). Stands to reason, that vessel adrift may be that way because of machinery failure. I believe that would then make it a vessel not under command, which is at the top of the pecking order.

A vessel must also operate at a safe speed at all times. That would be an issue also.  

There have been instances where a vessel drifting has been run over by another vessel and the other vessel was considered at fault. All info would be considered in a collision as to who is at fault.

[brian8980]

 ,  I have taken the boat safety course, but well I was just making sure I wasnt off my rocker..... 

I thought of flipping him off, but I didnt feel like having him TRY and hit me, considering I had my wife, 10M old son and father in law with me  .  Didnt help having the wife make comments about me not knowing how to boat after this. 

Gimper

[Still Running]

A vessel must also operate at a safe speed at all times. That would be an issue also.  

Are you sure about that in New Jersey? 

[Andys Delight]

Andy, technically, yes, according to the rules you would have to do that. BUT, much more would come into play in that scenario. A major part of the rules is that a vessel MUST take all necessary actions to avoid a collision even if they have the right of way. So, in a situation like that, the vessel moving should not bear down on a vessel adrift (or any other vessel for that matter). Stands to reason, that vessel adrift may be that way because of machinery failure. I believe that would then make it a vessel not under command, which is at the top of the pecking order.

A vessel must also operate at a safe speed at all times. That would be an issue also.  

There have been instances where a vessel drifting has been run over by another vessel and the other vessel was considered at fault. All info would be considered in a collision as to who is at fault.

A major part of the rules is that a vessel MUST take all necessary actions to avoid a collision even if they have the right of way.


I assumed the above would come into play regardless, I'm just trying to wrap my head around why a drifting vessel would be considered a give way vessel outside of a channel.  It would stand to reason that if that was the case, then a drifting vessel should have his nav lights on while drifting at night so an oncoming ship knows who the give way vessel is, yet that's not the case. 

[IrishAyes]

A drifting vessel should have his nav lights on at night. If anchored, the anchor light should be lit.

[Andys Delight]

Wow Irish,I guess I should refresh my knowledge.  I always thought you drift with overhead lights only at night.  Thankfully my only night trips were anchored.  Man I really pride myself on knowing the rules and trying to be a safe boater.  This one's got me with tail tucked between my legs.