A hypothetical: Two keelboats were racing in conditions of reduced visibility (say 150-200 yards due to fog). They sighted each other at the last moment and a collision occurred causing damage.
Did either boat break RRS 14 if:
- She was not sounding fog signals?
- She was equipped with radar but didn't have it energized or wasn't actively monitoring it?
- She was equipped with an AIS receiver but wasn't actively monitoring and had disabled proximity alarm?
- She was equipped with an AIS transponder but wasn't transmitting?
- It was daytime and she hadn't energized her running lights?
- She was sailing at full speed at the time of the incident?
Could you please help us understand how the boats were not able to avoid each other when they had at least 17 seconds to respond?
Rule 14 is a limitation and it applies at different times for the KC boat and the ROW boat.
The KC boat is required to keep clear, whatever the conditions, boat size, environment.
The ROW (14.a) need not to act until it is clear ...
This may be only a couple of seconds before the contact, and the Jury will decide if rule 14 was brocken or not. Sometimes, the jury even decides the best way for the ROW boat to comply with 14 was to do nothing.
Much of the list in the OP seems to fall under RRS 56, not RRS 14. IRPCAS is always “on” as a use-threshold reference in Rule 56 (as well as “applicable gov’t rules”). Other items would seem to require another rule to require them such as a CR, NOR, SI or references/inclusion of safety equipment standards. The absence of the equipment’s use would break the rule which directly referenced their required use, be that rule 56 or other rule, not 14.
I think it’s fairly accepted that a hail to another boat is considered a positive act by one boat to another contributing to their attempt to avoid contact. That said, a hail is not a required component of avoiding contact.
Q: “What did you do to avoid contact?”
A: “I hailed them 2x. 1st 15sec’s out, then 10 sec’s, then I turned the boat hard over when it was clear that they were not changing course”.
The hails “contribute” to the ROW boat’s case above, but are not necessary. Might many of the items listed in the OP be thought-of as akin to a “hail” in the context of 14?
The question on the other measures, I think, is if a boat has not done those things required by IRPCAS (not RRS) and a collision occurs, has the boat done everything reasonably possible given prevailing conditions to avoid contact?
I think to connect those items to rule 14, as Loic points out above, you have to get past the “however …until…” clause in rule 14 that applies to ROW/room-entitled boats [emphasis added].
“Need not act until ..” seems to preclude clawing into rule 14 AIS, fog sounding devices, etc, which would be “ON” all the time prior to “…it is clear …”. (turning them on being an “act”)
I think that’s the point Loic was making earlier.
Ang
As for the original post, both boats are "racing," therefore from the preamble to Part 2, the rules of Part 2 apply, but IRPCAS (or COLREGS if inside of the demarcation line in the US) do not apply unless the NoR so states. Assuming the NoR is silent and WS Appendix RV is not in effect,
1) If so equipped, she may be in violation of RRS 56.1, both boats are subject to the rules of Part 2; RRS 14 is a byproduct of first applying the rules of part 2.
2, 3, 4 & 6) Part 2 rules apply between the boats (see 1); there is a possible violation of IRPCAS Rule(s) 5, 6, 7 & 19, but she can not be penalized for those.
5) She may be in violation of RRS 56.1, both boats are still subject to the rules of Part 2 (see 1).
If the NoR implements IRPCAS between boats racing, or WS Appendix RV is in effect, this becomes a completely different discussion.
I disagree. Rule 56 is a Part 4 rule, not Part 2. The preamble of Part 2’s reference to IRPCAS is about replacing Part 2 with IRPCAS ROW rules.
Rule 56.1 is not referring to IRPCAS ROW rules.
I think you can read the preamble to Part 2 to mean that only the ROW rules of IRPCAS/COLREGS are replaced by the ROW rules of RRS, not the entirety of IRPCAS.
IRPCAS (in its entirety) is never "on" between boats racing unless the NoR so states.
In 56.1 it ONLY applies if the boat is "so equipped", and only IRPCAS Rule 20(c) and Rule 33 apply under 56.1; none of the rest of IRPCAS is relevant within RRS 56.1.
That said, you are correct that I wrote “(as well as “applicable gov’t rules”).”.
That “as well as” (basically an “and”) should have been an “or” as you point out. Rule 56.1 clearly has an “or”. [emphasis added]
Thanks for the correction.
You accidentally flipped who was replacing who above …. and it’s all of Part 2 (not just the Part 2 ROW rules) that are replaced … [emphasis added]
And acknowledge that if one boat is not racing IRPCAS applies and not RRS.
I'm not sure. (I got kind of lost in the last few posts, so forgive me if I misinterpreted your last post.)
IRPCAS/Govt are not normally mentioned in the list of Rules or documents which govern the event. Thus, none of IRPCAS/Govt apply when racing except for:
-at all times IRPCAS 25 & 35 as mentioned in RRS 56
-when a racing boats meets a boat not racing Part B - IRPCAS "Steering and Sailing Rules" (4-19) as mentioned in RRS Part 2 preamble.
-when the NoR so states, Part B - IRPCAS "Steering and Sailing Rules" (4-19).
Anyway, here's my take on OPs question. Happy to be corrected.
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A hypothetical: Two keelboats were racing in conditions of reduced visibility (say 150-200 yards due to fog). They sighted each other at the last moment and a collision occurred causing damage.
Did either boat break RRS 14 if:
She was not sounding fog signals?
YES - If either boat was equipped to make sound signals and they did not, that boat broke IRPCAS 35 / RRS 56.1 and 14.
NO - If a boat was not equipped to make sound signals, she was not required to do so. (See Note 2)
(See Note 1)
She was equipped with radar but didn't have it energized or wasn't actively monitoring it?
NO - No rule specifically requires a boat sailing under RRS to use a radar.
(See Note 1)
She was equipped with an AIS receiver but wasn't actively monitoring and had disabled proximity alarm?
NO - No rule specifically requires a boat sailing under RRS to use AIS.
(See Note 1)
She was equipped with an AIS transponder but wasn't transmitting?
NO - No rule specifically requires a boat sailing under RRS to use AIS.
(See Note 1)
It was daytime and she hadn't energized her running lights?
YES - If either boat was equipped to show lights as required by IRPCAS/Govt and they did not, they broke IRPCAS 25 / RRS rule 56.1 and 14.
NO - If a boat was not equipped to show lights as required by IRPCAS/Govt, she was not required to do so. (See Note 2)
(See Note 1)
She was sailing at full speed at the time of the incident?
NO - No rule specifically requires a boat sailing under RRS to slow down.
(See Note 1)
Note 1
Actions such as making sound signals, using radar, using AIS, turning on lights and reducing speed are all potentially 'actions to avoid contact' even when sailing under RRS.
All boats must act to avoid contact. However a RoW boat need not act to avoid contact until it is clear the other boat is not keeping clear.
Given the description of the hypothetical incident, it seems that when the boats first saw each other in the fog, contact could not be avoided by any action of either boat. The boat found as 'keep clear' boat should be penalised for failing to 'act to avoid contact' if it is discovered she failed to take the above listed actions when equipped to do so.
Under RRS the RoW boat need not take any of those actions (except for lights and sounds if equipped - rule 56.1), until it is clear the other boat is not keeping clear.
In the hypthetical scenario, this moment never came. The RoW boat did not break rule 14.
Note 2
RRS 56 does not make any requirement for boats to be equipped per IRPCAS. A boat could not be penalised under RRS56 for breaking IRPCAS 20 (except 20.c) or 33 (e.g. not having the equipment required by IRPCAS).