Solo anchoring overnight illegal?

[Paul61 0]

Does anchoring involve steering or sailing?

Maritime NZ referenced Rule 22 when stating recently that a proper look-out must be maintained at all times, even when anchored:

Collision Prevention. Section 1 - Steering and Sailing:

"Every vessel must at all times maintain a proper look-out by sight and hearing as well as by all available means ..." 1.1.22.5 *

However, the Section is headed "Steering and Sailing" so, while it seems certain that a look-out must be maintained whenever steering and sailing, no one is steering or sailing when anchored so the obligation to maintain a look-out seems not to apply.

The Rule goes on to specify anchored-specific lights and shapes that must be displayed. It seems likely that the original law-makers required sailors to display their anchored state to warn other sailors that there mightn't be anyone on watch (among other purposes,) which was surely common at the time on recreational craft and continues to this day.

People have been sleeping on anchored boats and leaving them unattended while stretching their legs ashore throughout this Rule's life without any attention from law enforcers. So either the Rule has been ignored or the Rule allows it. "Steering and Sailing" doesn't prima facia include anchored so the enforcers who have ignored absent or sleeping sailors at anchor until now seem to have had it right.

If Maritime NZ decided to act on this seemingly unprecedented interpretation against anchoring, the first person charged would likely face a demanding, burdensome, protracted, expensive ordeal. But they might also triumph.

Thoughts?

Paul

ps. I am only talking about anchoring. My reading of the Rule (and the ColRegs) is that the situation is much different underway, when a look-out is required.

*<Full Rule attached>

[CarpeDiem 430]

The rule has been ignored.  It's been a requirement since "forever". 

This has been covered a few times in a few threads on crew. 

There's quite a bit of international case law. Some dating back over a 100 years, where anchored boats have been found a contributing factor in an incident cause they did not have a look out.  This has been applied to both commercial and recreational vessels.

MaritimeNZ interpretation comes down from the treaty and prior international case law.

One previous thread with more content is over here: 

 

 

 

 

[harrytom 643]

One would think being in a well known well patronized anchorage. A anchor light would be all that is required,day shapes for vessels over 20m from memory. But if one anchored say off a island or bay rather than it,ie anchored off Orewa then possibly a anchor watch or at least a glance every hour to make one hasnt dragged etc

As with ships anchored in the anchorage area off Rangi not only must display Anchor light but shall light up decks as well.Not sure if the lighting of decks is a local by law or not.

[alibaba 77]

Anchored overnight, no anchor light etc, dragged into another vessel, then yes, I guess you might be  held responsible for any damage. I've certainly had problems in the past with inexperienced boaties anchoring closely and not setting their anchors correctly with enough scope etc.

However, being proactive, having both and anchor light on which illuminates your vessel, and having an anchor drag alarm set, I think commonsense applies. Given that we have 'phone coverage around most of NZ at the moment, and anchor alarm apps on phones are readily available, it shouldn't be a problem.