Unpredictable Truth About Maritime Regulations

[Alaskan Sea-Duction]

Interesting article.

What say You?

https://www.boatblurb.com/post/the-...il&utm_term=0_5c72e91d95-879ef646aa-441541433

 

[Benthic2]

I don't think there's anything new there.

The article could be summed up as "be familiar with the ColRegs" which most people don't need to be told to do.

 

[23435ps]

Some people may not realize the COLREGS are actually incorporated into US law and thus impose a mandatory requirement on US vessels (and non US vessels in US waters). There are two main sections of the US Code, one for outside the baseline (33 U.S. Code § 1602 - International Regulations) and one for inland of the baseline (33 USC 2071: Inland navigation rules). (Western Rivers also has some mandatory legal requirements).

Perhaps less known is the FCC requirement that any vessel equipped with a VHF-FM radio actually has to use it while underway (even of they are not required to have one onboard). 47 CFR § 80.310 - Watch required by voluntary vessels. Basically recreational vessels must monitor channel 16 or 9 when not using the radio for communicating.

Another somewhat obscure US requirement is that Unlike on land, US Federal law imposes an affirmative duty on the master of a US vessel to assist others in distress. 46 U.S. Code § 2304 - Duty to provide assistance at sea. And this one has criminal penalties.

So I guess there are some "unpredictable" or perhaps better described as "little known" maritime regulations out there.....

 

[Northern Spy]

If anything mentioned in the article ASD linked or in 23435ps posts are "little known" than that would be a good case for mandatory licencing. Something that many in the US resist for some reason.

The idea in the article that a lookout is an assigned person is incorrect. And certainly a dashcam wouldn't take the place of a lookout, but may help provide data after a collision or allision occured.

 

[23435ps]

If anything mentioned in the article ASD linked or in 23435ps posts are "little known" than that would be a good case for mandatory licencing. Something that many in the US resist for some reason.

I have taught in several Safety at Sea programs and you would be surprised how many "experienced" sail racers had no idea of the VHF monitoring requirement or that there was a law that required assistance. To be fair, all seemed to indicate they would certainly assist one in distress to the best of their ability. But some argued over the radio requirement and some just said they leave theirs turned off until they need it.

 

[Northern Spy]

Agree. Just because one is fast around the markers, doesn't make one a competent mariner.

 

[SteveK]

I have taught in several Safety at Sea programs and you would be surprised how many "experienced" sail racers had no idea of the VHF monitoring requirement or that there was a law that required assistance. To be fair, all seemed to indicate they would certainly assist one in distress to the best of their ability. But some argued over the radio requirement and some just said they leave theirs turned off until they need it.

You actually have a law that says a VHF must be on and monitored, a person on watch, why am I not surprised.
Suppose it is on and you go by a vessel hailing for help, what is the penalty and burden of proof.
The article was written with common sense.

 

[23435ps]

.
Suppose it is on and you go by a vessel hailing for help, what is the penalty and burden of proof.
The article was written with common sense.

As the penalty for not rendering assistance: "(b)A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both." I am not aware of any prosecutions for violating (there may be some, just didn't find anything recorded). I would think there would have to be some fairly egregious and obvious circumstances for the government to actually bring charges. And of course it is unfortunate there is even seen the need for a criminal statute for what has been customary maritime law for ages. My understanding is that the US law is part of the US's implementation of international conventions on salvage that goes back to the early 1900s.

 

[psneeld]

The only teeth as I know it and also what is the most realistic definition is if the ship is in peril, then you have to stand by and hopefully prevent drownings. Going past anything beyond picking up the people in the water can be debated endlessly whether it was safe to do more...


....bitnot at least attempting to rescue PIW.... that is where I think the law is going to come after you or at least someone.

 

[SteveK]

The only teeth as I know it and also what is the most realistic definition is if the ship is in peril, then you have to stand by and hopefully prevent drownings. Going past anything beyond picking up the people in the water can be debated endlessly whether it was safe to do more...


....bitnot at least attempting to rescue PIW.... that is where I think the law is going to come after you or at least someone.

Should be hard to enforce however.
Just to be clear, I am just asking. Once a SAR always a SAR.

I came across a girl floating on her back in a marked channel. Several boats ahead all went by thinking girl was out swimming. I stopped and asked if she could get out of the channel, to which her mouth moved and a weak 'help me' came out.

 

[OldDan1943]

I came across a girl floating on her back in a marked channel. Several boats ahead all went by thinking girl was out swimming. I stopped and asked if she could get out of the channel, to which her mouth moved and a weak 'help me' came out.

A. did he drive off, looking for help?
B. bring her on board?
1. call for assistance
2. wrap her in a blanket
3. put her in the shower with warm water running on her
4. give her warm liquid to drink
5. return her to the sea because she was underage

 

[SteveK]

A. did he drive off, looking for help?
B. bring her on board?
1. call of assistance
2. wrap her in a blanket
3. put her in the shower with warm water running on her
4. give her warm liquid to drink
5. return her to the sea because she was underage

Who is 'he'
I left the boat at idle and instructed those on board to maintain position. Dingy was dropped, girl pulled on board and taken to beach where lifeguards took over. Returned to mothership and proceeded on our way.