Stand-on and give-way in crossing

Dave R · 06-09-2014, 04:04 PM

Quote:

Originally Posted by jrc

This really not true in NH waters. Read Chapter 270 D2. A boat needs to keep out of the way of a boat on it's starboard and allow the other boat to maintain.

Plus this rule sums up the intent:

V. If, when vessels are approaching each other, either vessel fails to understand the course or intention of the other from any cause, such vessel or vessels shall immediately slow to a speed barely sufficient for steerage until the vessels have safely passed each other. If it appears the danger of collision is imminent both vessels shall stop or reverse and not proceed until such danger has been averted.

This is the key law in 270 D2: "III When vessels are crossing courses or approaching each other in an oblique direction which may involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way of the other, allowing the latter vessel to keep its course and speed."

One would only use part V if part III does not work, in other words, part V is the " unless you can't safely do so" part of my statement: "When you are operating the stand-on vessel, you are legally obligated to maintain course and speed unless you can't safely do so."; part III would be the first half of the statement.

Also, there was absolutely no ambiguity about my course or intention. It was quite obvious.

P-3 Guy · 06-09-2014, 04:34 PM

So what part of the law says that the operator of the stand-on vessel is legally obligated to maintain course and speed?

jrc · 06-09-2014, 04:52 PM

"shall keep" is a requirement, "allow" is a requirement, you can be cited for this as the boat with someone to starboard. There are no words forcing the boat on the starboard side to do anything. He is allowed to keep course and speed, he is not legally obliged, at least in NH law.

I was posting this in response to your belief that stopping to let another boat pass, when you are not obliged to give way is somehow illegal. It's really silly to believe this. If you have any doubt about their course and speed, you can stop and let them pass. You should always have some doubt.

If I see a crossing boat, I'm the privileged boat, he turns to go behind me, I can speed up to increase the distance. He turns to go in front of me, I can slow down to increase the distance. Its really silly to think that I as the privileged boat, cannot adjust my course or speed to improve a crossing.

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06-09-2014, 04:34 PM	#2
P-3 Guy Senior Member Join Date: Apr 2011 Location: Under the former KNHZ bounce pattern Posts: 509 Thanks: 4 Thanked 213 Times in 116 Posts	So what part of the law says that the operator of the stand-on vessel is legally obligated to maintain course and speed?

06-09-2014, 04:52 PM	#3
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	"shall keep" is a requirement, "allow" is a requirement, you can be cited for this as the boat with someone to starboard. There are no words forcing the boat on the starboard side to do anything. He is allowed to keep course and speed, he is not legally obliged, at least in NH law. I was posting this in response to your belief that stopping to let another boat pass, when you are not obliged to give way is somehow illegal. It's really silly to believe this. If you have any doubt about their course and speed, you can stop and let them pass. You should always have some doubt. If I see a crossing boat, I'm the privileged boat, he turns to go behind me, I can speed up to increase the distance. He turns to go in front of me, I can slow down to increase the distance. Its really silly to think that I as the privileged boat, cannot adjust my course or speed to improve a crossing.