It is the duty and responsibility of anyone in charge of a vessel to be able to correctly apply these rules in all circumstances including when at anchor.

Many collisions between vessels result from a lack of understanding of the rules of safe navigation, as well as carelessness. The information in this chapter is based on the requirements of COLREGS, MSA and MSR.

Everyone on the water has a legal and moral duty to maintain a proper lookout and travel at a safe speed at all times.

This duty includes handling a vessel and observing the rules, knowing the limitations of your vessel, being aware of potential hazards and allowing for the actions of others, both reasonable and unreasonable.

It pays to take care!

An operator can be deemed to be negligent if proper care was not taken subject to circumstances. ‘Reckless’ navigation occurs when someone handles a vessel in a way that causes an obvious or serious risk of physical injury to another using the same waters, or to property.

‘Dangerous navigation’ occurs when a vessel is propelled at speed or in a manner causing real or potential danger to any person or property and is a punishable offence. Any use of a vessel resulting in nuisance or causing obvious annoyance to any other person, deliberately or accidentally is also a punishable offence. The authorities and the courts take both recklessness and negligence most seriously.

Some of the COLREGS provisions that are relevant to recreational boaters are summarised below.

Rule 5: Keeping a proper lookout

Every 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.

Safe navigation of a vessel requires you to:

• Victorian Recreational Boating Safety Handbook
• observe the rules including handling of a vessel
• know the limitations of your vessel
• be aware of potential hazards
• allow for the actions of others, both reasonable and unreasonable.

Rule 6: Every vessel shall proceed at a safe speed

Every vessel must travel at a safe speed at all times so that it can take proper and effective action to avoid a collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. A speed at which the master of a vessel can take proper and effective action to avoid a collision depends on:

• visibility
• sea state and weather
• vessel characteristics
• traffic
• background/ambient lights
• proximity to hazards
• draught of the vessel and the depth of water
• reliability of radar image in the prevailing conditions.

Rule 7: Risk of collision

Every vessel shall use all available means appropriate to determine if a risk of collision exists. If there is any doubt, such risk shall be deemed to exist.

Rule 8: Action to avoid a collision

The giving-way vessel shall:

• take early and positive avoiding action
• make course/speed alterations obvious to the other vessel
• avoid crossing ahead of the vessel with right of way
• stop or reverse if necessary.

A series of five or more short and rapid blasts on a whistle or horn should be used to indicate that insufficient action is being taken to avoid collision.

The vessel with the right of way shall keep its course and speed. It should take avoiding action only if that taken by the giving-way vessel is insufficient. If necessary it should take whatever action is available to keep clear and avoid a collision.

If a power-driven vessel is taking action to avoid a collision with another power- driven vessel it shall, if possible, avoid altering course to port. This action does not relieve the vessel operator of handling obligations.

Rule 9: Narrow channels

All vessels in narrow channels shall keep, as far as practicable, to the starboard side of the channel.

A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel that can safely navigate only within such channel or fairway.

A sailing vessel and a vessel under 20 m in length shall not impede the passage of any vessel which can safely navigate only within a narrow channel or fairway.

Any vessel shall, if the circumstances of the case permit, avoid anchoring in a narrow channel.

Rule 12: Sailing vessels approaching one another

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.

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 leeward.

When a sailing vessel with the wind on its port side sees another sailing vessel to windward and cannot determine with certainty whether that sailing vessel has the wind on its port or its starboard, it shall keep out of the way of that other sailing vessel.

Rule 13: Overtaking

All vessels, whether sail or power, overtaking another vessel when the boats are in sight of one another shall keep out of the way of the vessel being overtaken. That is, if a vessel is coming up with another from any direction which is more than 22.5 degrees (in the shaded arc of the diagram below) abaft her beam, it shall be deemed to be the overtaking vessel until finally past and clear.

Rule 14: Head on situation – each vessel to steer to starboard

Power-driven vessels meeting head-on or nearly head-on shall alter course to starboard so that each may pass on the port side of each other.

Rule 15: Power driven vessels crossing situation

When two power-driven vessels are crossing, the vessel with the other on its starboard side shall keep out of the way and avoid crossing ahead of the other vessel. The other vessel must maintain its course and speed until it is apparent that the vessel required to give way is not taking appropriate action.

Rule 18: Responsibilities between vessels

Power and sail vessels

Power-driven vessels shall keep out of the way of sailing vessels.

A vessel under power

The master of a power-driven vessel (the give-way vessel) underway must ensure that the vessel keeps out of the way of:

(a) a vessel constrained by its draught that is displaying lights or shapes to indicate that it is constrained by its draught

(b) a vessel not under command that is displaying lights or shapes to indicate that it is not under command

(c) a vessel restricted in its ability to manoeuvre that is displaying lights or shapes to indicate that it is restricted in its ability to manoeuvre

(d) a fishing vessel engaged in fishing with nets, lines, trawls or any other fishing apparatus which restricts its ability to manoeuvre

(e) a sailing vessel.

A sailing vessel

The master of a sailing vessel (the give- way vessel) under way must ensure that the vessel keeps out of the way of (a) to (d) above.

Large vessels

Recreational vessels have a responsibility to stay well clear of large vessels. Small craft are prohibited from impeding the passage of big ships. All boat operators should take note of the following:

• big ships operate at all times of the day and night
• the speed of a ship can be deceptive and may be in excess of 20 knots
• ships can weigh up to 100,000 tonnes and do not have brakes
• ships cannot stop or change course suddenly and will travel a long distance before stopping
• a ship’s blind spot can extend for many hundreds of metres ahead
• bow waves caused by a ship can swamp a small boat hundreds of metres away
• sailing vessels do not have right of way over big ships
• a ship may sound five short blasts on its whistle if it believes you are at risk of a collision. Small vessels must take evasive action immediately.

Rule 19: Restricted visibility

In restricted visibility, reduce to minimum speed. When hearing the fog signal of another vessel ahead, proceed with extreme caution until danger of collision is over or stop until you have ascertained the danger.