Sailboats' right of way

[puwit321]

Hi: Can someone help me clarify a sailboat's right of way versus a stationary powerboat. I often anchor in a quiet area of a bay to fish, and other times just drift with the tide. I would see sailboats from afar come towards me with sail up then turn to avoid me upon close proximity. Please advise if I am supposed get out of their way? Thanks.

 

[tpenfield]

Re: Sailboats' right of way

No . . . that's what sailboats do . . .

They are coming close to you to get as much headway out of their current tack as possible, before they have to go on the alternate tack and head back the other way.

So, as long as you are not in a channel or something, you are fine.

 

[southkogs]

Re: Sailboats' right of way

While you're at rest, the sailboat is actually the burdened vessel (in most cases anyway). The minute you're under power, you typically become the burdened vessel as you're (supposedly) more maneuverable.

 

[SolingSailor]

Re: Sailboats' right of way

From memory, if you're anchored, you are not underway, and the sailboat is burdened.
I believe a drifting boat is considered to be underway, thus you are burdened in that situation.
To get technical about it, unless in a designated anchorage you would be required to show the dayshape anchor ball to claim the right of way, but no one really does that, and sailboats will stay clear of an anchored boat.
Now let the fireworks begin!

 

[DonnieDDR]

Re: Sailboats' right of way

Hi: Can someone help me clarify a sailboat's right of way versus a stationary powerboat. I often anchor in a quiet area of a bay to fish, and other times just drift with the tide. I would see sailboats from afar come towards me with sail up then turn to avoid me upon close proximity. Please advise if I am supposed get out of their way? Thanks.

As was said before, that's just what sailors do -- we stay on one tack as long as we can. You're fine to just sit there and continue fishing ... Unless the quiet area you've picked to fish is in the middle of a race course -- then we're gonna get cranky!

 

[Capt Sully]

Re: Sailboats' right of way

Hi: Can someone help me clarify a sailboat's right of way versus a stationary powerboat. I often anchor in a quiet area of a bay to fish, and other times just drift with the tide. I would see sailboats from afar come towards me with sail up then turn to avoid me upon close proximity. Please advise if I am supposed get out of their way? Thanks.

If you are not running power (the motor) and adrift or anchored, you are the Stand on vessel. Others need to avoid you. You should not be drifting or anchored in a busy waterway or channel, should be able to know that by the markings. Sailboats under sail, with no power from a motor have the right of way over a power driven vessel.

 

[smclear]

Re: Sailboats' right of way

If you are not running power (the motor) and adrift or anchored, you are the Stand on vessel.

You are NOT the 'Stand On' vessel if you are adrift. Adrift is considered underway and all applicable "rules of the road" apply.

 

[Capt Sully]

Re: Sailboats' right of way

You are NOT the 'Stand On' vessel if you are adrift. Adrift is considered underway and all applicable "rules of the road" apply.

Sorry, I will rephrase, Adrift would be if you're disabled. No vessel has the right of way over another vessel. but both operators should take any action needed to avoid a collision. Now if you're anchored or disabled, your the Stand On vessel.

 

[Ned L]

Re: Sailboats' right of way

Soling Sailor has it correct. If you are drifting you are not "stationary' you are considered "underway" and are obligated to yield to the sailboat. If you are anchored then the sailboat is obligated to yield to you (and if in a channel you should show a day shape so people know you are achored).
.
In understanding the 'rules of the road' it really is important to have an understanding of them.
.
There are those who take the attitude of 'well he's bigger so I'm just going to get out of his way regardless of he rules'. This can be a REAL pain for the guy operating the bigger boat. If the larger boat is the give way vessel he will be planning his manuvers to steer clear of the small boat, and then to have the small boat start moving all around, the guy in the larger boat doesn't know what to do.
.
Remember, as the 'stand on vessel' you are as obligated to hold course and speed as the 'give way vessel' is obligated to change course and speed. So once the sailboat gets kind of close to you he really is obligated to continue (course unchanged) until such time as he believes that he needs to change course &/or speed in order to avoid a collision.

 

[ziggy]

Re: Sailboats' right of way

i never come over to the sailboat forum, but here i am, interested in the topic.
the attachment shown is from boat nebraska, a coarse on responsible boating. sponsored by the game and parks commission. they are the leo's on the lakes in the state of nebraska.
in the attachment under 'if operating a sailing vessel, you must give way to:' "any vessel not under command".
to me this means that if i'm drifting and the helm is not powered up. my boat is not under command. therefore the sail boat is burdened to avoid me. obviously the rule that states that i do anything in my power to avoid a collision, if i saw the situation getting ready to occur, i would be dictated to try to power up and move to avoid the collision.

glad to see this topic brought up. i've always wondered if i interpreted the rules right too.

 

[dwco5051]

Re: Sailboats' right of way

Rule 3

The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel.

A boat drifting is considered underway.

 

[Ned L]

Re: Sailboats' right of way

Thank you Dwco. You saved me from having to define "not under command".

 

[ziggy]

Re: Sailboats' right of way

hum?
so help me out here. what's

Rule 3

is this what it states?

The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel.

what authoritiy states this?
nothin personal really, i'm interested. i went to chapmans to see what i could find. it states basicly what i said. no particular definition of vessel not under command.
my new attachment is from international colregs. it was refered to in chapmans.
again, if my boat aint' powered up and is drifting, it is not under command. it's uncontrolable. it's not under mecanical power,

it's restricted in her ability to maneuverability

because it's not under power, drifting or at anchor, imho is irrelevant ?? please prove me wrong. i drift on my lake and believe i'm the stand on vessel when i'm drifting.

 

[dwco5051]

Re: Sailboats' right of way

International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) and the Inland Navigation Rules, which were enacted by law on 24 December 1980 and became effective for all Inland waters except the Great Lakes on 24 December 1981. The Inland Rules became effective on the Great Lakes on 1 March 1983.


PART A - GENERAL

Rule 1 - Application
Rule 2 - Responsibility
Rule 3 - General Definitions

Not under command is covered in definitions under Rule 3

 

[ziggy]

Re: Sailboats' right of way

Not under command is covered in definitions under Rule 3

thanks, now i'm hip too.
at this point, i gotta think a little more. if what yer sayin is true. as stated above. i'm the give way vessel while drifting in my speed boat and encountering a sail boat.?

 

[dwco5051]

Re: Sailboats' right of way

The word "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.

If you are drifting you are considered to be underway.

Let’s add some confusion to things. If you are drifting and being driven by the wind across an area you want to cast over you are underway in a powerboat.

If you are drifting in your power boat after an engine failure and being driven by the wind or current in a direction you do not want to go would that then be considered “not under command?”

Let's add to the mixture the “General Prudential Rule” known to us old timers as Rule 27 or as it is now known Rule 2b in the new regs. It states that an action taken to eliminate the immediate threat of collision is legal even if it is a deviation from the prescribed rules.

If you can answer all of the above situations under all circumstances correctly you have a calling to practice admiralty law.

As a side note Pennsylvania law states that any person under the age of twelve shall wear a PFD in a small boat while underway. In my 35 years of boating law enforcement I have many times came upon boats drifting or not anchored with the occupants fishing and a youngster that has removed his PFD on a hot day. I have never written a citation for this but instead explain the definitions to the operator and only give a verbal warning. I can imagine the little talk I would get from the District Judge in private after he summarily dismissed the ticket.

 

[Ned L]

Re: Sailboats' right of way

Thank you again Dwco. People's general lack of understanding of Colregs does at times make being on the water less enjoyable. - Kind of like driving on the roads and no one else understands what the yellow lines and traffic lights are for.