I think sometimes silly discussions of hypothetical COLREGS situations are
illuminating but missing some understanding of very basic points.
The foundation of the rules in Part B and C were laid down before vessels
had radios. Later additions like "use all means to avoid collision",
court
decisions citing this in connection with failure to make radio contact,
development of the common practice of using radio to confirm passing
intent
and whistle signals, etc., do not change the intent or function of the
original rules.
The primary purpose of the rules of the road is to MAKE THE BEHAVIOR OF
APPROACHING VESSELS PREDICTABLE by position and appearance alone. This
does not cover every situation but it minimizes amount of additional
signaling and communication required. Secondary anti-collision methods
such as whistles and, in the modern world, radio are subject to
malfunction,
not being heard, and misinterpretation but they serve as back up for the
primary system.
What we have here is a classic layered safety system. The first layer
should generally function on it's own and minimize then necessity of
utilizing the next. We have lifelines on our boats. They don't always
keep
people out of the water but they minimize the number of times we have to
throw the lifering to someone in the water. Wearing harnesses and
lifejackets is good practice even with the lifelines. Whistling or radio
contact to confirm a passing situation is good practice in the same way as
well. Situations may arise where only radio is going to sort out who is
going to go where but the first layer of the system makes them rare.
The concept of course predictability bears directly on the question of a
sailboat with an idling engine being a powerboat. If the starboard tack
sailboat charging batteries thinks it is now a powerboat and behaves
accordingly, its behaviour and course are not going to be predictable to a
****t tack sailboat that may not see the exhaust. This confusion could
lead
to collision. It's true that radio can sort this out but not everyone
knows
how to use them effectively, some are broken, and, if every sailboat
charging batteries went around yacking about it on the radio to every
crossing vessel on a Sunday afternoon in a place like Boston or ****tland,
the radio would become useless from congestion.
When your engine is in gear and your sails are up, it will be apparent to
most people that you are a powerboat. The sails will be luffing and your
speed will be higher than expected. If you want to act like a powerboat
because you are charging batteries, you should use the steaming cone.
That
additional information helps keep things predictable. Situations may
still
arise where radio use is appropriate to confirm or clarify a situation but
the visual part of the system should function on its own. The unfortunate
fact of steaming cones being generally ignored is that your exhaust may be
spotted and cause someone else to think you are a powerboat. Since you
can't be sure of that, I think your course and behavior should be
determined
by the more reliable visual clues of your sails and speed.
--
Roger Long
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