COLREG 1972

COLREG 1972Capt. Amarinder Singh BrarLLM Maritime Law (2014-2015), University of Southampton1COLREG - HistoryFor several hundred years, rules were in existence but with no statutory force.18th Century - Regulations for Sailing Vessels.1840 - Trinity House (London) drew up a set of rules (Steam vessels).1846 - Enacted as an Act of Parliament.Above two combined in Steam Navigation Act of 1846.1848 - Admiralty Regulations concerning navigation lights added to Steam Navigation Act 1846.1858 - Colored side lights prescribed, Fog signals prescribed.1863 - New set of regulations drawn up by British Board of Trade, in consultation with French Government1864 1863 Regulations adopted by over 30 maritime countries. 1884 - 1863 regulations amended. No significant difference.1889 - Maritime conference in Washington initiated by government of the United States.1910 - Minor differences in above accepted internationally at Brussels - In force till 1954.1929 - SOLAS proposed minor amendments. Never adopted.2COLREG - 1960 to 1972 RegulationsBy 1965 it was felt necessary for a thorough revision to take account of developments in navigation such as:the widespread acceptance and use of radar,the introduction of traffic separation, andthe increase in size and speed of many ships.

In October 1972, a conference was held which brought in substantial changes and a new format to the Regulations.

3COLREG 1972 - IntroductionConvention on International Regulation for Preventing Collisions at Sea, 1972, as amended. Adopted - 20 Oct 1972; Entered in force - 15 July 1977

Replaces COLREGS 1960 which entered in force with the SOLAS Convention at that time.Amended in 1981, 1987, 1989, 1993, 2001, 2007

Also known as 'Rules of the Road', often abbreviated to ROR.4Structure of COLREG 7238 Rules divided into 5 parts4 Annexes containing technical details5Rules in COLREG 72(38 Rules divided into 5 parts)

Part A - GeneralPart B - Steering and Sailing RulesSection I - Conduct of vessels in any condition of visibilitySection II - Conduct of vessels when in sight of one anotherSection III - Conduct of vessels in Restricted VisibilityPart C - Lights and ShapesPart D - Sound and Light SignalsPart E - Exemptions6Annexes of COLREG 72Four Annexes. Namely:

Annex 1 - Positioning and technical details of lights and shapesAnnex 2 - Additional signals for FV fishing in close proximityAnnex 3 - Technical details of sound signaling appliancesAnnex 4 - Distress Signals7COLREGS 72 Rules8Part A - GeneralRule 1 - ApplicationRule 2 - ResponsibilityRule 3 - Definitions9Rule 1 - Application(a) These rules shall apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels.(b) Nothing in these Rules shall interfere with the operation of special rules made by an appropriate authority for roadsteads, harbours, rivers, lakes, or inland waterways connected with the high seas and navigable by seagoing vessels. Such special rules shall conform as closely as possible to these Rules.(c) Nothing in these Rules shall interfere with the operation of any special rule made by the government of any State with respect to additional station or signal lights, shapes or whistle signals for ships of war and vessels proceeding under convoy, or with respect to additional station or signal lights or shapes for fishing vessels engaged in fishing as a fleet. These additional station or signal lights, shapes or whistle signals shall, so far as possible, be such that they cannot be mistaken for any light, shape, or signal authorised elsewhere under these Rules(d) Traffic separation schemes may be adopted by the Organization for the purpose of these Rules.(e) Whenever the Government concerned shall have determined that a vessel of any special construction or purpose cannot comply with the provisions of any of these Rules with respect to the number, position, range, or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, such vessel shall comply with such other provisions in regard to the number, position, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, as her Government shall have determined to be the closest possible compliance with these Rules in respect of that vessel.10Rule 1 Application - CommentApplicable to all vessels. Applicable upon the high seas and in all navigable waters connected therewith.Local authorities can make local navigation rules. Should be similar to these rules.e.g. Inland rues in United States of AmericaSpecial rule can be made by the government of any State for specific lights or signal.e.g. Special signal requirement in the Straits of SingaporeRules apply in adopted TSS which can be found in IMO Guide to Ship Routeing.Exceptions allowed based upon specific nature of work or construction of particular vessel.e.g. Navigation lights on Aircraft Carriers and submarines.11Rule 2 - Responsibility(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.(b) In construing and complying with these rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these rules necessary to avoid immediate danger.

12Rule 2 Responsibility - CommentRule 2 is sometimes referred to as the "General Prudential" rule.Mariner has two fold duty:To comply with rules, andTo prevent collision.Paramount to avoid or minimise the damaging effects of a collision, as opposed to blindly following the rules to the letter.Overall intent to minimise actual collision taking place rather than rule compliance.A departure is only permitted when there are special circumstances and there is immediate danger.The departure must be of such a nature as to avoid the danger which threatens.13Rule 2 Responsibility Case LawDuty to depart if necessary not only justified but also expected - Tasmania-City of Corinth (Lord Herschell, 1890).

14Rule 3 Definitions (Excerpt)(a) The word vessel includes every description of water craft, including non-displacement craft, wing-in-ground-effect (WIG) vehicle, and seaplanes, used or capable of being used as a means of transportation on water.(b) The term "power-driven vessel" means any vessel propelled by machinery.(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.(d) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.(e) The word "seaplane" includes any aircraft designed to manoeuvre on the water.(f) The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.(g) The term "vessel restricted in her ability to manoeuvre" means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel.(h) The term "vessel constrained by her draught" means a power-driven vessel which, because of her draught in relation to the available depth and width of navigable water, is severely restricted in her ability to deviate from the course she is following.(i) The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.(k) Vessels shall be deemed to be in sight of one another only when one can be observed visually from the other.(l) The term "restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or other similar causes.(m) The term "Wing-In-Ground (WIG) craft" means a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilising surface-effect action.15Part B General Section I (Conduct of vessel in any condition of visibility) Rule 4 ApplicationRule 5 LookoutRule 6 Safe SpeedRule 7 Risk of CollisionRule 8 Action to Avoid CollisionRule 9 Narrow ChannelsRule 10 Traffic Separation Schemes16Rule 5 LookoutEvery vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.17Rule 5 Lookout CommentWho every vesselWhen at all timesWhat proper lookoutHow all available means. New equipment ?Intention for a proper appraisal of the situation, and risk of collision

18Rule 5 Lookout Case LawDuty of lookout Shakkeborg v Wimbledon Report every material light (Bargrave Dean J, 191 1)Binoculars - Gorm-Santa Alicia (Hewson J, 1961)Faulty appreciation of VHF and absence of radar lookout - Bovenkerk-Antonio Carlos (Brandon J, 1973)Readily available radar, failure to use - Vechtstroom-Claughton (Hewson J, 1964)Radar not working - Pocahontas Steamship Company-Esso Amba (American Case, 1950)CA comment - Properly working radar, duty to use in RV (Judge Medina, 1959)Visual lookout necessary - Anneliese-Arietta (Kaminski LJ, 1970)Full appraisal of situation - Staffordshire-Dunera (Willmer J, 1948)Anchor watch - Gerda Toft-Elizabeth Mary (Willmer J, 1953)19Rule 5 Lookout Recent Collision31 October 2014 - Early hours - Open Seas - Middle of Oceanhttp://www.thehindu.com/news/cities/Visakhapatnam/navy-ship-suffers-minordamage-in-collision/article6552939.ece

20Rule 6 Safe Speed (Excerpt)Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions..

Additionally, it states factors to be taken into account by all vessels;And, further factors to be taken into account by vessels with operational radar.

21Rule 6 Safe Speed CommentWho every vesselWhen at all timesWhat proceed at a safe speedHow take all factors into account. Additional for vessels with operating radarIntention Proper and effective action to avoid collision,Be stopped at an appropriate distance22Rule 6 Safe Speed Case LawAt all times - Kurt Alt-Petrel (Hewson J, 1962)Proper and effective action - Ring-Orlik (Sir Jocelyn Simon, President of the Court, 1964Within a distance appropriate - Glorious-Florida (Scrutton LJ, 1933)Radar, continuous watch - Norefoss-Fina Canada (Hewson J, 1962)Radar, inferences - Niceto de Larrinaga-Sitala (Hewson J, 1963)Radar, range scale, LR scanning - Nassau-Brott (Hewson J, 1963)Radar, interference 1979 collision in a squall between Atlantic Empress and Aegean Captain inquiry at Greece held both vessels responsible no proper use of radar and excessive speed23Rule 7 Risk of Collision(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.(b) Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.(c) Assumptions shall not be made on the basis of scanty information, especially scanty radar information.(d) In determining if risk of collision exists the following considerations shall be among those taken into account:(i) such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change;(ii) such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.24Rule 7 Risk of Collision CommentWho every vesselWhen at all timesWhat determine risk of collisionHow use all available meansTalks about use of radar, how to useCaution when close to other vessels.

Cross referenceRule 5 LookoutRule 34 Manoeuvring and warning signalsRule 35 Sound signals in restricted visibility

25Rule 7 Risk of Collision Case LawBanshee-Kildare (Esher L, 1887)Now at what period of time is it that the Regulations begin to apply to two ships? It cannot be said that they are applicable however far off the ships may be. Nobody could seriously contend that if two ships are six miles apart the Regulations for Preventing Collisions are applicable to them. They only apply at a time, when, if either of them does anything contrary to the Regulations, it will cause danger of collision. None of the Regulations apply unless that period of time has arrived. It follows that anything done before the time arrives at which the Regulations apply is immaterial, because anything done before that time cannot produce risk of collision within the meaning of the Regulations.Navigate by COLREG and not VHF - Angelic Spirit-Y Mariner (Clarke J, 1994)Stated that VHF Communication allowed to inform other ship in order to reduce risk - Mineral Dampier - Hanjin Madras [2001] EWCA Civ 1278 (Phillips LJ)

Rule 8 Action to Avoid Collision(a) Any action taken to avoid collision shall be taken in accordance with the Rules of this Part and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship. (b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.(c) If there is sufficient sea-room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.(f) (i) A vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea-room for the safe passage of the other vessel.(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if 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.(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with the Rules of this Part when the two vessels are approaching one another so as to involve risk of collision27Rule 8 Action to Avoid Collision CommentAction to be with due regard rules of this section, ample time, positiveAction to be large enough to be readily apparent visual or radarAction should result in safe passing observe while in progressIf necessary, Slow down or stop use means of propulsion

Cross referenceRule 5 LookoutRule 6 Safe SpeedRule 7 Risk of CollisionRule 18 Responsibilities between vesselsRule 34 Manoeuvring and warning signalsRule 35 Sound signals in restricted visibility28Rule 8 Action to Avoid Collision Case LawIMO SN Circ. 226 issued in Dec 2002 - Dangers of conflicting action in collision avoidanceNo excuse not to follow COLREGS - Maloja 11-John M (Sheen J, 1993)Substantial, readily apparent - Billings Victory-Warren Chase (Willmer J, 1949)Small alterations collision - British Aviator-Crystal Jewel 1964

Rule 9 Narrow Channels(a)A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.(b)A vessel of less than 20 m in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.(c)A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.(d)A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.(e)(i) In a narrow channel or fairway when overtaking can take place only if the vessel to be overtaken has to take action to permit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c)(i). The vessel to be overtaken shall, if in agreement, sound the appropriate signal prescribed in Rule 34(c)(ii) and take steps to permit safe passing. If in doubt she may sound the signals prescribed in Rule 34(d).30Rule 9 Narrow Channels (Contd.)(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13.(f)A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34(e).(g)Any vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.31Rule 9 Narrow Channels CommentWho Ships in narrow channelWhen Proceeding along the course of narrow channel or fairwayWhat Keep to starboard. Avoid anchoring. Make sound signals as prescribed.Miscellaneous FV not to impede. Vessel not to cross narrow channel impeding other vessel inside the narrow channel. Overtaking after permission.

Cross referenceRule 5 LookoutRule 6 Safe SpeedRule 7 Risk of CollisionRules in Part B Section II (Navigation in sight of one another)Rule 34 Manoeuvring and warning signalsRule 35 Sound signals in restricted visibility

32Rule 9 Narrow Channels Case LawPassage 2 nautical miles wide held narrow channel Anna Salen-Thorshovdi, 1954Passage 1.2 nautical miles wide not held narrow channel - Faith I - Independence (US Court, 1992)Vessels criticized for not using radar - British Tenacity-Minster (Hewson J , 1953)Vessel entering narrow channel not mentioned in rules - Canberra Star-City of Lyons (Hewson J, 1962) stated Vessels already in it, as well as those about to enter it, should behave reasonably. It does not appear to me that the vessel in the channel has a complete right of way, and she must not hog the river regardless of the reasonable aspirations of other vessels.Tides - Burton-Prince Leopold de Belgique (Sir Gore11 Barnes, 1908)Bends and tides - Trevethick-Talabot (Butt J, 1890)Rule 9 Narrow Channels The Willmer testRule 9 DOES NOT define Narrow Channel.The Jaroslaw Dabrowski [1952] 2 Lloyds Rep 20 at page 26, Sir Gordon Willmer (then Willmer J ) states What Mr. Justice Langton {in The Varmdo [1940] P.15} was in effect saying in his judgment in that case was that a narrow channel within the rule is that which by the practice of seamen is treated, and necessarily treated, as a narrow channel...This suggests that the legal test (the Willmer test) for determining whether a channel is a narrow channel where Rule 9 applies is how seamen in fact navigate in the locality.The Anna Salden [1954] 1 Lloyds Rep 475, Willmer J. said at page 487 that the Elder Brethren advised him that it would not be possible to define what was the channel for the purposes of the narrow channel rule.

Rule 9 applies or not?Master jailed while the debate continues! KULEMESIN AND ANOTHER v HKSAR [2013] HKCFA 14

Rule 9 Narrow Channels VideoYacht v/s supertanker in our backwatershttp://youtu.be/_tUoUxzt9sINews coveragehttp://www.bbc.co.uk/news/uk-england-hampshire-24670515http://www.theguardian.com/uk-news/2013/oct/25/skipper-fined-cowes-week-collisionRules 1, 2, 5, 9

Rule 10 Traffic Separation SchemesThis Rule applies to traffic separation schemes adopted by the Organization and does not relieve any vessel of her obligation under any other rule.(Duties of vessel joining, navigating and leaving a TSS)(Crossing a TSS)(Navigation in Inshore Traffic Zone)(Exception)(Exercise caution when navigating nearby)(Attempt to avoid anchoring in a TSS or near its terminations)(Not using TSS ? Keep well away)(FV not to impede any vessel in TSS)(Vessel of L