Boating Accident Law... RULES OF THE ROAD
a/k/a... COLREGS, Navigation Rules, Collision Regs
Boating Accident Law... RULES OF THE ROAD a/k/a... COLREGS, Navigation Rules, Collision Regs
One aspect of boating accidents that makes them different from motor vehicle accidents is that waterways could seem like a blank canvas compared to the orderly gridwork of roadways. While roadways may have their system of speed limits, lane markings, traffic lights and stop signs to ensure orderly movement of traffic, our waterways have their own rules that govern the conduct of vessels. Anyone who owns a boat, or any commercial mariner whose work aboard a vessel involves pilotage is familiar with these rules.
These rules are codified in 72 COLREGS), International Regulations for Preventing Collisions at Sea, 33 CFR 83, U.S. Inland Navigation Rules. When two vessels collide, investigators will turn to these rules to determine liability between the vessels. In using these rules to determine fault, or liability, maritime law will apply the doctrine of comparative liability. This is essentially the notion that just like motor vehicles on roadways, each vessel could bear its own percentage of fault. It is not often simply a matter of "guilty" or "not guilty." In many settings, the liabilty could be distributed, with each vessel owning some element of fault.
Commercial mariners know these rules intimately. They are tested on them in deck license exams and the questions are meant to be tricky and thoroughly test the grasp of the operation of the rules and their sutbleties. There are some rules that many pleasure boaters might not even deal with after completing a basic boating safety class, but here are a few of the more commonly arising rules excerpted... (See Navigation Rule Link Below for full rules)
These rules are codified in 72 COLREGS), International Regulations for Preventing Collisions at Sea, 33 CFR 83, U.S. Inland Navigation Rules. When two vessels collide, investigators will turn to these rules to determine liability between the vessels. In using these rules to determine fault, or liability, maritime law will apply the doctrine of comparative liability. This is essentially the notion that just like motor vehicles on roadways, each vessel could bear its own percentage of fault. It is not often simply a matter of "guilty" or "not guilty." In many settings, the liabilty could be distributed, with each vessel owning some element of fault.
Commercial mariners know these rules intimately. They are tested on them in deck license exams and the questions are meant to be tricky and thoroughly test the grasp of the operation of the rules and their sutbleties. There are some rules that many pleasure boaters might not even deal with after completing a basic boating safety class, but here are a few of the more commonly arising rules excerpted... (See Navigation Rule Link Below for full rules)
Rule 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.
Rule 6 - Safe Speed 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. In determining a safe speed the following factors shall be among those taken into account:
Rule 13 - Overtaking(a) Notwithstanding anything contained in the Rules 4-18, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
Rule 14 - Head-on Situation (a)‹‹ Unless otherwise agreed ›› when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.
Rule 12 - Sailing Vessels(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows: (i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other; (ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward; (iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.
Rule 13 - Overtaking(a) Notwithstanding anything contained in the Rules 4-18, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
Rule 14 - Head-on Situation (a)‹‹ Unless otherwise agreed ›› when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the other.
Rule 12 - Sailing Vessels(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows: (i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other; (ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward; (iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.
To see the rules in their entirety, visit the U.S. Coast Guard Navigation Center - Amalgamated Navigation Rules International & U.S. Inland, International Regulations for Preventing Collisions at Sea (72 COLREGS), U.S. Inland Navigation Rules (33 CFR 83), as amended.