Cruising Sailors Forum Archive

Re: The powerboat was in the exclusion zone around the ferry

There are no COLREGS that grant right of way to ferries. In some cases, such as a cable driven ferry on a river crossing, there may be some unique considerations but I'm not aware of any specifically. "Constrained by draft", narrow waterway/channels are some of the few mitigating circumstances where normal passing and crossing rules do not apply. Even 'restricted in ability to maneuver' does not automatically grant a pass from following the regs. It does alert others that they need to be more accommodating for such vessels.

So technically, the ferry is also at fault because the power boat did have the right of way. Unlike the powerboat, the ferry took evasive actions when the risk of collision was imminent-- the 'in extremis' situation. But by definition, contact indicates that the action was not undertaken in a timely manner. So the powerboat, not having taken any action, violated another one of the rules. Not keeping lookout was another one violated as well as the federal rules already mentioned, but the federal rules aren't rules of the road.

Courtesy and prudence often mean that strict adherence to the rules isn't practiced. However, once contact occurs, not having followed the rules, even while being courteous, results in a technical violation of the rules and by the time it gets to court, that will still count against you. How much it counts against you, in liability, damages and compensation is subjective to the case.

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