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.
Solo anchoring overnight illegal?
in MarineTalk
Posted
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>