В статье рассматриваются правила предупреждения столкновения судов в море. Особое внимание уделяется детальному анализу Правила 8 Международных правил предупреждения столкновений судов в море 1972 года (Colregs). Особо тщательно разбирается содержание Правила 8(f) “Не должны препятствовать”.
I last wrote in Seaways on this subject in 2006, when I looked at areas where the understanding of the Colregs seemed particularly weak, and the reasons behind some of the misunderstandings and incorrect application of the rules. Since then, as far as I know, the spate of collisions has not reduced and they continue at regular intervals. We see the usual list of explanations: it was due to sheer bad luck, poor look out, loss of situational awareness, maybe even inappropriate use or misuse of VHF. But these are perhaps not the real root causes. A prudent watch keeper needs to be fully dedicated and devoted to the task of navigation as their first priority’, but the execution of this task must be built on a solid foundation of knowledge and understanding of the core fundamentals of seamanship. One of these fundamentals is the ability to correctly construe the Colregs. We cannot expect anyone to comply with the Colregs if they do not understand them. Perhaps this element needs to be addressed first, and only then can better compliance or practical application be expected.
One area that seems to merit particular attention is the understanding of paragraph “f’ of Rule 8 [see central column, opposite]. This paragraph was added to these Rules of 1972 in 1989, primarily to clarify’ the application of the term ‘shall not impede’. It thus makes MSC/Circ.320 of 05.04.1982, ‘Guidance for the Uniform Application of Certain Rules of the International Regulations for Preventing Collisions at Sea, 1972’ redundant, as far as it explains the requirements on a vessel ‘not to impede’. However, the placement of the clause and the cross linkages with other rules makes its understanding and application a little complex.
When does Rule 8 apply?
This is always the first question to ask of any rule. The answer lies in subparagraph ‘f-i’ of this Rule itself, which states that it applies to ‘a vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel’. ‘Not impede’ and similar terms using ‘impede’ are used in Rules 9 (b), (c), (d), 10 (i), (j), 18 (d-i), (e) and (f-i) of Part B. This means Rule 8(f) applies only in conjunction with these eight paragraphs of the Rules, and not with any
other. For example. Rule 8(f) has nothing to do with the application of say Rule 15, which applies in a crossing situation.
Rule 8 is placed in section I of Part B, meaning it shall ‘apply in any condition of visibility’. The latter clause equally applies to Rules 9 and 10. However, when applied in conjunction with Rule 18, this Rule will only apply to vessels in sight of one another as Rule 18 is in section ‘II’ of Part ‘B’.
For vessels in sight of one another, the obligation not to impede takes precedence over that to maintain course and speed. The obligation for a vessel to ‘keep her course and speed’ does not apply to a vessel which is under obligation ‘not to impede’.
The chart opposite should explain the basic application of this Rule.
The rule in detail
Let us look at the meaning and application of each subparagraph of the Rule individually:
Subparagraph ‘i’ places the obligation to keep clear on a vessel which is required by any of these Rules, as listed above, ‘not to impede the passage or safe passage of another vessel’. This vessel shall take ‘early action to allow sufficient sea-room for the safe passage of the other vessel’. ‘Sufficient sea-room’, like many other requirements of these Rules is not defined numerically, and would need to be determined or judged according to the ordinary practice of seamen.
The vessel required ‘not to impede’ may take action to prevent any risk of collision or a close-quarters situation from developing even before determining if such a risk actually exists. The Rules do not prescribe any action in this case, so the vessel has freedom of choice in deciding on any alteration of course and/or speed. However, the actions set out in subparagraphs ‘ii’ and ‘iii’ are to be taken only when the situation is leading up to a point that will ‘involve risk of collision’.
The clause stating that the vessel should take action ‘when required by the circumstances of the case’ not only highlights situations where the possibility of action is required, but also provides an escape clause. Like many other similar escape clauses in these Rules, it allows for the possibility that circumstances may not permit early action and/or the desired degree of action. For example, a small vessel may not be able to observe from a reasonable distance away the day signals of a vessel constrained by her draught in a narrow channel, and because of this may be unable to take action in ‘ample’ or ‘good time’. This clause may also apply in conditions of restricted visibility.
Subparagraph ‘ii’ states that a vessel required ‘not to impede’ retains her obligation to keep well clear of the other vessel in the case that an encounter with this vessel is leading to risk of collision.
‘Have full regard to the action which may be required bv the Rules of this part’ means the vessel must take the normal actions to avoid collision required by any of the Rules of Part B – that is. Rules 4 to 19. Even if she would otherwise be a ‘stand-on vessel’ in this situation, a vessel required not to impede cannot keep her course and speed if these would impede the other vessel, irrespective of what any other Rules may otherwise prescribe. Her actions, in line with the Rules of Part ‘B’, should be such as not to hinder or embarrass the action(s) expected of the other vessel, which is now obliged to act as per subparagraph ‘iii’ of this Rule.
Subparagraph iii states that initially a vessel whose passage is not to be impeded, as implied by subparagraph ‘i’, shall keep her course and speed to stav on her passage. She should keep a good watch on the vessel which is ‘required not to impede’, and monitor her actions.
This subparagraph, like subparagraph ii, applies as soon as it appears that the vessel required not to impede’ is not taking appropriate action in good time to keep clear and a close-quarters situation and/or risk of collision begins to develop. Now the vessel ‘not to be impeded’ should also take action to avoid collision. Like the other vessel, she remains fully obliged to comply with the Rules of part B.
When read in conjunction with the previous subparagraph 8(f)(ii), both the vessel ‘required not to impede’ and the vessel ‘not to be impeded’ are obliged to take action to avoid collision if they reach a situation which may involve risk of collision. Their actions should be in compliance with the Rules of Part ‘B’, but both vessels shall take action even if in sight of one another. If the vessels are ‘not in sight of one another when navigating in or near an area of restricted visibility’ then both must comply with the requirements of Rule 19.
The general rule for the application of subparagraphs ‘ii’ and ‘iii’ is to avoid taking any conflicting actions which may further jeopardise the situation. In short, they may be considered to mandate taking actions with due regard to the observance of good seamanship.
Rule 8 (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 collision’.
Автор: Captain Chhabra is Senior Manager, Training & Development, at MSI Ship Management. He is the author of A Mariner’s Guide to Preventing Collisions.
Rule 8 – Actions to be taken
| Vessel status | ‘A vessel required not to impede the passage or safe passage of another vessel’ | A vessel the passage of which is not to be impeded’. |
| Action to be taken under subpara (i) | Shall ‘take early action’ so as ‘not to impede’ or keep clear and ‘allow sufficient sea-room’, or maintain sufficient ‘safe distance’from the path ‘of the other vessel’. Should not allow ‘risk of collision’ to develop. Action shall be initiated whenever required by Rules 9, 10 and 18, irrespective whether ‘risk of collision exists’ or not. Vessel has full freedom of action. | Keep watch and keep observing, no action required at this stage. |
| Action to be taken if the situation develops ‘to involve risk of collision’ (subparas ii and iii) | The obligation to keep clear as per subparagraph ‘i’ remains fully applicable. The vessel shall ‘take action to avoid collision’ in accordance with the Rules of Part ‘B’. The obligation to ‘Keep her course and speed’ status does not apply, even if these vessels are ‘in sight of one another’. | The vessel should ‘take action to avoid collision’. Actions shall ‘comply with the Rules of this part’or Part’B’. This may be considered similar to ‘action by stand-on vessel’ as per Rule 17. |
| In this situation, there is no such thing as a stand-on vessel but when vessels are in sight of each other and needing to take action to avoid collision, the restrictions imposed by Rule 17 would apply. Источник: Seaways. – 2015. – April. – P. 14 – 15. | ||