Right of Way Rules You Should Really Know

by Zack Thomas, originally published in The Log/FishRap, copyright 2005 by Zack Thomas


Very few recreational boaters know much of anything about the maritime “rules of the road,” described in the official Coast Guard book Navigation Rules, International – Inland. And in truth, there's really not that much you need to know of those rules as the skipper of small fishing boat on California's lakes, rivers and coastal waters. But there are a few basic concepts any responsible skipper should know by heart.

Of course, like the rules of automobile traffic, the Navigation Rules don't really work too well unless most or all skippers follow them — and, again, few do. On the other hand, that’s no excuse for not learning them and at least making a good-faith attempt to follow them yourself. If nothing else, if you're involved in a collision, you’ll be a lot better off if you know the rules that governed the situation and can prove — or at least argue persuasively — that you were following them.

Here, in plain English, are some of the most important rules:
   
Crossing, Meeting and Overtaking
If two powerboats are crossing in such a way that they might collide, the vessel that has the other on its starboard side is the “give-way vessel.” For example, if there’s another boat off your starboard bow that’s going to cross your path, it’s your responsibility to stay out if its way. In most cases, that means either turning to starboard or slowing down so that you’ll cross behind the other vessel.

On the other hand, if a vessel that you’re going to cross paths with is on your port side, that makes you the “stand-on vessel,” which means it’s your responsibility to maintain course and speed and let the other vessel do the necessary maneuvering to avoid a collision or close call.

Of course, this is one of those situations in which knowing the rules doesn’t do much good if the skipper of the other vessel doesn’t know them, and the Nav Rules allow for that, saying that the stand-on vessel “may … take appropriate action to avoid collision … as soon as it becomes apparent that the vessel required to keep out of the way is not taking appropriate action …” Regardless, when in a crossing situation, you should at least start by trying to follow the rules.

In a head-on meeting situation, just like on the highway, you should always attempt to pass an oncoming vessel port-to-port by altering your own course to starboard. Avoid passing starboard-to-starboard unless there’s a very compelling reason to do so.

When you’re overtaking a vessel traveling in the same direction, the other vessel always, always has the right of way. Technically, overtaking is defined as “coming up with another vessel from a direction more than 22.5 degrees abaft her beam.” If it’s even close, though, assume that you’re an overtaking vessel and act accordingly. Even if the vessel you’re passing makes a sudden turn across your bow as you pass, resulting in a collision, that collision is completely your fault.

Responsibilities Between Vessels
Right of way also depends on the type of vessels involved in a situation. The Nav Rules define seven vessel types: Power-driven, sailing, engaged in fishing, not under command, restricted in ability to maneuver, seaplane, and constrained by draft. For the purposes of recreational boaters, the most important types are power, sailing and fishing.

In simple terms, vessels engaged in fishing have right of way over sailing vessels, which have right of way over powerboats. But that’s not as simple as it sounds. First of all, you, as a recreational fishing boat, are not a vessel engaged fishing. Instead, a vessel engaged in fishing is a commercial fishing boat with nets or lines out that restrict her ability to maneuver. No matter how many lines you’ve got out, you’re just a plain old powerboat.

Second, a sailing vessel is not any boat with a mast and some sails, as most sailboat skippers seem to believe. Instead, a sailing vessel is, “any vessel under sail provided that propelling machinery, if fitted, is not being used.” In other words, if the engine is running, it’s a powerboat, whether the sails are hoisted or not.

Let’s look at how those definitions apply to some common situations. First, you, as a powerboat, have to get out of the way of any sailboat that’s actually sailing — even if you’re just drifting along fishing for halibut. A common misconception is that only powerboats making way have to get out of the way of sailboats. In fact, all powerboats underway must give way to sailboats, and “underway” means simply that “a vessel is not at anchor, or made fast to the shore, or aground.”

In other words, if the skipper of a sailboat actually under sail decides he wants to sail right through the spot you’re fishing, you have to fire up and get out of his or her way as long as you’re not anchored. Sounds strange, but that's the way it is. On the other hand, if that same sailboat is puttering along under power with her sails up, her skipper has to stay clear of you.

Note that the sailboat/powerboat rules trump the crossing situation rules discussed above. If you’re in a crossing situation with a boat under sail, you’re the give-way vessel no matter which side the sailboat is on. But, the sailboat/powerboat rules do not take precedence over the overtaking rules above. So if you’re trolling along at 3 knots and a sailing vessel approaches from behind and overtakes you at 5 knots, she must stay clear of you.

Manner of Actions
In virtually any of the above situations, it’s important for the give-way vessel or, in the case of a head-on situation, both vessels, to take obvious, decisive action. According to the Nav Rules, “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.” Such alteration should also be “positive” and “made in ample time.”

In other words, know what you’re supposed to do and do it, rather than waiting to see what the other skipper is going to do, which can lead to potentially dangerous little “sidestepping” games where both skippers act like people trying to pass one another in a narrow hallway.

Finally, don’t let a basic knowledge of the rules take precedence over plain old common sense. Again, only a tiny minority of weekend skippers know anything at all about the rules, and just because you know what you’re supposed to do doesn’t mean they will. Instead, use the rules as a starting point in determining your actions and adhere to them if possible, but be ready to do whatever is necessary to prevent collisions.



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