ST THERESE- MTCC COLLEGE

MAGDALO ST., LAPAZ

ILOILO CITY
A Research presented to
2/m Bermudo, Oscar
A Faculty of the BS Marine Transportation
In Partial Fulfilment
Of the Requirements for prelim
in
COLREGs
By
BSMT 1-5
Cordero Alexander S.
Leonero Andrew R.
Nanggan, Rayan L.
Justine De la Peña
Sicad Camil F.

2nd Semester, 2023-2024

HISTORY OF COLREGs

1889

The International Maritime Conference in Washington, D.C., marks the

inception of discussions on maritime safety, setting the stage for future
collision prevention regulations.

1910

The inaugural international convention in London establishes the

International Rules for the Prevention of Collisions at Sea, laying the
cornerstone for contemporary maritime navigation regulations.

1929

The London Conference amends existing rules to address emergent

challenges in maritime navigation and fortify safety protocols.

1948

Amendments reflect the burgeoning utilization of radar technology and

endeavor to bolster navigational safety.

1960

With the formation of the International Maritime Organization (IMO), a

comprehensive regulatory framework is adopted to standardize collision
prevention measures.

1972

The IMO ratifies the International Regulations for Preventing Collisions at

Sea, 1972, amalgamating and refining prior regulations into a cohesive
framework comprising 41 rules.

1981
Amendments concentrate on augmenting vessel visibility and fortifying
safety protocols.

1989

Further revisions aim to bolster collision prevention measures and integrate

feedback from the maritime community.

1995

Amendments enhance the lucidity and efficacy of regulations, incorporating

updates to sound signaling equipment, right-of-way rules, and radar usage.

2001

A comprehensive review addresses escalating maritime traffic and

technological advancements, culminating in substantive alterations to
navigation rules.

2007

Subsequent amendments emphasize enhancing vessel handling in restricted

visibility conditions and elucidating the utilization of radar and electronic
navigation aids.

2016

Amendments assimilate novel technologies such as electronic navigation

systems and unmanned vessels.

2021

Revisions endeavor to confront emerging challenges and advance maritime

safety, with a focus on enhancing collision avoidance measures and
clarifying vessel responsibilities in close quarters.

Importance of Colregs in Navigation

According to Queensland Government (n.d.) The COLREGs give clear
indication about passing, approaching, giving way and overtaking to avoid
collisions with other boats. They are the traffic laws on the water.

Reference: https://www.msq.qld.gov.au/Safety/Collision-regulations#:~:text=The%20Colregs
%20give%20clear%20indication,traffic%20laws%20on%20the%20water.&text=A%20boat%20must
%20always%20be,of%20a%20river%20or%20channel.
Part A Rule (1-3)

Rule 1 - Application

(a) These rules shall apply to all vessels upon the high seas and in all waters
connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere with the operation of special rules
made by an appropriate authority for roadsteads, harbours, rivers, lakes, or
inland waterways connected with the high seas and navigable by seagoing
vessels. Such special rules shall conform as closely as possible to these
Rules.

(c) Nothing in these Rules shall interfere with the operation of any special
rule made by the government of any State with respect to additional station
or signal lights, shapes or whistle signals for ships of war and vessels
proceeding under convoy, or with respect to additional station or signal lights
or shapes for fishing vessels engaged in fishing as a fleet. These additional
station or signal lights, shapes or whistle signals shall, so far as possible, be
such that they cannot be mistaken for any light, shape, or signal authorised
elsewhere under these Rules

(d) Traffic separation schemes may be adopted by the Organization for the
purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a

vessel of any special construction or purpose cannot comply with the
provisions of any of these Rules with respect to the number, position, range,
or arc of visibility of lights or shapes, as well as to the disposition and
characteristics of sound-signalling appliances, such vessel shall comply with
such other provisions in regard to the number, position, range or arc of
visibility of lights or shapes, as well as to the disposition and characteristics
of sound-signalling appliances, as her Government shall have determined to
be the closest possible compliance with these Rules in respect of that vessel.

Rule 1 - Application – Comment

a) Applicable to all vessels. Applicable upon the high seas and in all
navigable waters connected therewith.

b) Local authorities can make local navigation rules. Should be similar to

these rules.

e.g. Inland rues in the United States of America

c) Special rules can be made by the government of any State for specific
lights or signals.

e.g. Special signal requirement in the Straits of Singapore

d) Rules apply in adopted TSS which can be found in IMO Guide to Ship
Routeing.

e) Exceptions are allowed based on the specific nature of work or

construction of the particular vessel.

e.g. Navigation lights on Aircraft Carriers and submarines.

Rule 2 – Responsibility

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master
or crew thereof, from the consequences of any neglect to comply with these
Rules or of the neglect of any precaution which may be required by the
ordinary practice of seamen, or by the special circumstances of the case.

(b) In construing and complying with these rules due regard shall be had to
all dangers of navigation and collision and to any special circumstances,
including the limitations of the vessels involved, which may make a
departure from these rules necessary to avoid immediate danger.

Rule 2 - Responsibility – Comment

• Rule 2 is sometimes referred to as the "General Prudential" rule.

• Mariner has two fold duty:

1. To comply with rules, and

2. To prevent collision.

• Paramount to avoid or minimise the damaging effects of a collision, as

opposed to blindly following the rules to the letter.
• Overall intent to minimise actual collision taking place rather than rule
compliance.

• A departure is only permitted when there are special circumstances and

there is immediate danger.

• The departure must be of such a nature as to avoid the danger which

threatens.

Rule 2 - Responsibility - Case Law

• Duty to depart if necessary - not only justified but also expected -

Tasmania-City of Corinth (Lord Herschell, 1890).

Rule 3 - Definitions (Excerpt)

(a) The word "vessel" includes every description of water craft, including
non-displacement craft, wing-in-ground-effect (WIG) vehicle, and seaplanes,
used or capable of being used as a means of transportation on water.

(b) The term "power-driven vessel" means any vessel propelled by

machinery.

(c) The term "sailing vessel" means any vessel under sail provided that
propelling machinery, if fitted, is not being used.

(d) The term "vessel engaged in fishing" means any vessel fishing with nets,
lines, trawls or other fishing apparatus which restrict manoeuvrability, but
does not include a vessel fishing with trolling lines or other fishing apparatus
which do not restrict manoeuvrability.

(e) The word "seaplane" includes any aircraft designed to manoeuvre on the
water.

(f) The term "vessel not under command" means a vessel which through
some exceptional circumstance is unable to manoeuvre as required by these
Rules and is therefore unable to keep out of the way of another vessel.

(g) The term "vessel restricted in her ability to manoeuvre means a vessel
which from the nature of her work is restricted in her ability to manoeuvre as
required by these Rules and is therefore unable to keep out of the way of
another vessel.
(h) The term "vessel constrained by her draught" means a power- driven
vessel which, because of her draught in relation to the available depth and
width of navigable water, is severely restricted in her ability to deviate from
the course she is following.

(i) The word "underway" means that a vessel is not at anchor, or made fast
to the shore, or aground.

(k) Vessels shall be deemed to be in sight of one another only when one can
be observed visually from the other.

(L) The term "restricted visibility" means any condition in which visibility is
restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or other
similar causes.

(m) The term "Wing-In-Ground (WIG) craft" means a multimodal craft which,
in its main operational mode, flies in close proximity to the surface by
utilising surface-effect action.

Part B (4-10)
Part B – General

Section I (Conduct of vessel in any condition of visibility)

• Rule 4 - Application

• Rule 5-Lookout

• Rule 6 - Safe Speed

• Rule 7 - Risk of Collision

• Rule 8 - Action to Avoid Collision

• Rule 9 - Narrow Channels

• Rule 10 - Traffic Separation Schemes

Rule 5- Lookout

Every vessel shall at all times maintain a proper look-out by sight and
hearing as well as by all available means appropriate in the prevailing
circumstances and conditions so as to make a full appraisal of the situation
and of the risk of collision.
Rule 5- Lookout - Comment

• Who - every vessel

• When - at all times

• What - proper lookout

• How all available means.

• New equipment ?

• Intention

1. for a proper appraisal of the situation, and

2. risk of collision

Rule 5 - Lookout - Case Law

• Duty of lookout - Shakkeborg v Wimbledon - Report every material light

(Bargrave Dean J, 191 1)

• Binoculars - Gorm-Santa Alicia (Hewson J, 1961)

• Faulty appreciation of VHF and absence of radar lookout - Bovenkerk-

Antonio Carlos (Brandon J, 1973)

• Readily available radar, failure to use - Vechtstroom-Claughton (Hewson J,

1964)

• Radar not working - Pocahontas Steamship Company-Esso Amba (American

Case, 1950)

• CA comment - Properly working radar, duty to use in RV (Judge Medina,

1959)

• Visual lookout necessary - Anneliese-Arietta (Kaminski J, 1970)

• Full appraisal of situation - Staffordshire-Dunera (Willmer J, 1948)

• Anchor watch - Gerda Toft-Elizabeth Mary (Willmer J, 1953)

Rule 6 - Safe Speed (Excerpt)

• Every vessel shall at all times proceed at a safe speed so that she can take
proper and effective action to avoid collision and be stopped within a
distance appropriate to the prevailing circumstances and conditions.....

• Additionally, it states factors to be taken into account by all vessels;

• And, further factors to be taken into account by vessels with operational

radar.

Rule 6 - Safe Speed - Comment

• Who - every vessel

• When - at all times

• What - proceed at a safe speed

• How - take all factors into account. Additional for vessels with operating
radar

• Intention

1. Proper and effective action to avoid collision,

2. Be stopped at an appropriate distance

Rule 6 - Safe Speed - Case Law

• At all times - Kurt Alt-Petrel (Hewson J, 1962)

• Proper and effective action - Ring-Orlik (Sir Jocelyn Simon, President of the
Court, 1964

• Within a distance appropriate - Glorious-Florida (Scrutton LJ, 1933)

• Radar, continuous watch - Norefoss-Fina Canada (Hewson J, 1962)

• Radar, inferences - Niceto de Larrinaga-Sitala (Hewson J, 1963)

• Radar, range scale, LR scanning - Nassau-Brott (Hewson J, 1963)

• Radar, interference 1979 collision in a squall between Atlantic Empress and

Aegean Captain - inquiry at Greece held both vessels responsible - no proper
use of radar and excessive speed

Rule 7 - Risk of Collision

(a) Every vessel shall use all available means appropriate to the prevailing
circumstances and conditions to determine if risk of collision exists. If there is
any doubt such risk shall be deemed to exist.

(b) Proper use shall be made of radar equipment if fitted and operational,
including long-range scanning to obtain early warning of risk of collision and
radar plotting or equivalent systematic observation of detected objects.

(c) Assumptions shall not be made on the basis of scanty information,

especially scanty radar information.

(d) In determining if risk of collision exists the following considerations shall

be among those taken into account:

(i) such risk shall be deemed to exist if the compass bearing of an

approaching vessel does not appreciably change;

(ii) such risk may sometimes exist even when an appreciable bearing change
is evident, particularly when approaching a very large vessel or a tow or
when approaching a vessel at close range.

Rule 7 - Risk of Collision - Comment

• Who - every vessel

• When at all times

• What-determine risk of collision

• How use all available means

• Talks about use of radar, how to use

• Caution when close to other vessels.

• Cross reference

• Rule 5-Lookout

• Rule 34-Manoeuvring and warning signals

• Rule 35-Sound signals in restricted visibility

Rule 7 - Risk of Collision - Case Law

• Banshee-Kildare (Esher L, 1887)

"Now at what period of time is it that the Regulations begin to apply to two
ships? It cannot be said that they are applicable however far off the ships
may be. Nobody could seriously contend that if two ships are six miles apart
the Regulations for Preventing Collisions are applicable to them. They only
apply at a time, when, if either of them does anything contrary to the
Regulations, it will cause danger of collision. None of the Regulations apply
unless that period of time has arrived. It follows that anything done before
the time arrives at which the Regulations apply is immaterial, because
anything done before that time cannot produce risk of collision within the
meaning of the Regulations."

• Navigate by COLREG and not VHF - Angelic Spirit-Y Mariner (Clarke J, 1994)

• Stated that VHF Communication allowed to inform other ship in order to

reduce risk - Mineral Dampier - Hanjin Madras [2001] EWCA Civ 1278 (Phillips
LU)

Rule 8 - Action to Avoid Collision

(a) Any action taken to avoid collision shall be taken in accordance with the
Rules of this Part and shall, if the circumstances of the case admit, be
positive, made in ample time and with due regard to the observance of good
seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the
circumstances of the case admit, be large enough to be readily apparent to
another vessel observing visually or by radar; a succession of small
alterations of course and/or speed should be avoided.

(c) If there is sufficient sea-room, alteration of course alone may be the most
effective action to avoid a close-quarters situation provided that it is made in
good time, is substantial and does not result in another close-quarters
situation.

(d) Action taken to avoid collision with another vessel shall be such as to
result in passing at a safe distance. The effectiveness of the

action shall be carefully checked until the other vessel is finally past and
clear. (e) if necessary to avoid collision or allow more time to assess the
situation, a vessel shall slacken her speed or take all way off by stopping or
reversing her means of propulsion.)

(i) A vessel which, by any of these Rules, is required not to impede the
passage or safe passage of another vessel shall, when

(e) If required by the circumstances of the case, take early action to allow
sufficient sea-room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of onother
vessel is not relieved of this obligation if approaching the other vessel so as
to involve risk of collision and shall, when taking action, have full regard to
the action which may be required by the Rules of this Part.

(iii) A vessel the passage of which is not to be impeded remains fully obliged
to comply with the Rules of this Part when the two vessels are approaching
one another so as to involve risk of collision

Rule 8 - Action to Avoid Collision - Comment

• Action to be with due regard - rules of this section, ample time, positive

• Action to be large enough to be readily apparent - visual or radar

• Action should result in safe passing - observe while in progress

• If necessary, Slow down or stop - use means of propulsion

• Cross reference

• Rule 5-Lookout

• Rule 6-Safe Speed

• Rule 7- Risk of Collision

Rule 18 - Responsibilities between vessels

• Rule 34-Manoeuvring and warning signals

• Rule 35-Sound signals in restricted visibility

Rule 8 - Action to Avoid Collision - Case Law

• IMO SN Circ. 226 issued in Dec 2002 - Dangers of conflicting action in

collision avoidance

• No excuse not to follow COLREGS - Maloja 11-John M (Sheen J, 1993)

• Substantial, readily apparent - Billings Victory-Warren Chase (Willmer J,

1949)

• Small alterations - collision - British Aviator-Crystal Jewel 1964

Rule 9 - Narrow Channels

(a) A vessel proceeding along the course of a narrow channel or fairway shall
keep as near to the outer limit of the channel or fairway which lies on her
starboard side as is safe and practicable.

(b) A vessel of less than 20 m in length or a sailing vessel shall not impede
the passage of a vessel which can safely navigate only within a narrow
channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other
vessel navigating within a narrow channel or fairway.

(d) A vessel shall not cross a narrow channel or fairway if such crossing
impedes the passage of a vessel which can safely navigate only within such
channel or fairway. The latter vessel may use the sound signal prescribed in
Rule 34(d) if in doubt as to the intention of the crossing vessel.

(e) (i) In a narrow channel or fairway when overtaking can take place only if
the vessel to be overtaken has to take action to permit safe passing, the
vessel intending to overtake shall indicate her intention by sounding the
appropriate signal prescribed in Rule 34(c)(i). The vessel to be overtaken
shall, if in agreement, sound the appropriate signal prescribed in Rule 34(c)
(ii) and take steps to permit safe passing. If in doubt she may sound the
signals prescribed in Rule 34(d).

Rule 9 - Narrow Channels (Contd.)

(ii) This Rule does not relieve the overtaking vessel of her obligation under
Rule 13.

(f) A vessel nearing a bend or an area of a narrow channel or fairway where

other vessels may be obscured by an intervening obstruction shall navigate
with particular alertness and caution and shall sound the appropriate signal
prescribed in Rule 34(e).

(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring
in a narrow channel.

Rule 9 - Narrow Channels - Comment

• Who - Ships in narrow channel

• When - Proceeding along the course of narrow channel or fairway

• What - Keep to starboard. Avoid anchoring. Make sound signals as

prescribed.

• Miscellaneous FV not to impede. Vessel not to cross narrow channel

impeding other vessel inside the narrow channel. Overtaking after
permission.

• Cross reference

• Rule 5-Lookout

• Rule 6-Safe Speed

Rule 7- Risk of Collision

• Rules in Part B Section II (Navigation in sight of one another)

• Rule 34-Manoeuvring and warning signals

Rule 35-Sound signals in restricted visibility

Rule 9 - Narrow Channels - Case Law

• Passage 2 nautical miles wide - held narrow channel - Anna Salen-

Thorshovdi, 1954

• Passage 1.2 nautical miles wide - not held narrow channel - Faith I-
Independence (US Court, 1992)
• Vessels criticized for not using radar - British Tenacity-Minster (Hewson J,
1953)

• Vessel entering narrow channel - not mentioned in rules - Canberra Star-

City of Lyons (Hewson J, 1962) stated "Vessels already in it, as well as those
about to enter it, should behave reasonably. It does not appear to me that
the vessel in the channel has a complete right of way, and she must not hog
the river regardless of the reasonable aspirations of other vessels."

• Tides - Burton-Prince Leopold de Belgique (Sir Gore11 Barnes, 1908) •

Bends and tides - Trevethick-Talabot (Butt J, 1890)

Rule 9 - Narrow Channels - The "Willmer test"

• Rule 9 DOES NOT define 'Narrow Channel'.

• The Jaroslaw Dabrowski [1952] 2 Lloyd's Rep 20 at page 26, Sir Gordon
Willmer

(then Willmer J) states"

"What Mr. Justice Langton (in The Varmdo [1940] P.15) was in effect saying in
his judgment in that case was that a "narrow channel" within the rule is that
which by the practice of seamen is treated, and necessarily treated, as a
narrow channel..."

• This suggests that the legal test (the "Willmer test") for determining
whether a channel is a narrow channel where Rule 9 applies is how seamen
in fact navigate in the locality.

• The Anna Salden [1954] 1 Lloyd's Rep 475, Willmer J. said at page 487 that
the Elder Brethren advised him that it would not be possible to define what
was the channel for the purposes of the narrow channel rule.

Rule 10 - Traffic Separation Schemes

(a) This Rule applies to traffic separation schemes adopted by the

Organization and does not relieve any vessel of her obligation under any
other rule.

(b) (Duties of vessel joining, navigating and leaving a TSS)

(c) (Crossing a TSS)

(d) (Navigation in Inshore Traffic Zone)

(e) (Exception)

(f) (Exercise caution when navigating nearby)

(g) (Attempt to avoid anchoring in a TSS or near its terminations)

(h) (Not using TSS? Keep well away)

(i) (FV not to impede any vessel in TSS)

(j) (Vessel of L<20m and SV not to impede PD in TSS)

(k) (RAM exempted as necessary for maintenance of safety of navigation)

(I) (RAM excepted for laying under water cables etc in TSS)

Rule 10-TSS - Comment

• IMO Resolution A.572(14)-General Provisions on Ship Routeing

• Rule 10 mandatory in IMO adopted TSS.

• A government may also recommend the use of traffic separation schemes

in international waters off its coast, without having submitted such schemes
to IMO for adoption. (e.g. off coast of Japan).

• No exemption for FV in TSS.

• Crossing mandatory at a heading right angles to traffic lane.

• Cross reference

Rule 3-Definition of TSS

Rule 5-Lookout

Rule 6-Safe Speed

Rule 7-Risk of Collision

Rule 8-Action to avoid collision

Rules in Part B Section II (Navigation in sight of one another); or Section III

(Navigation in restricted visibility)
Rule 34-Manoeuvring and warning signals; or Rule 35-Sound signals in
restricted visibility

Rule 10-TSS - Case Law

• 1986 Sail training vessel De Eendrucht, fitted with auxillary engine but
propelled under sails only, crossed at a different heading to prevent
uncontrolled gybing. OOW prosecuted in Ansterdam for non compliane of
Rule 10 (c) because he failed to use the Auxillary engine to achieve a right-
angled crossing.

• 1973, a collision between the American Aquarius and the Atlantic Hope in a
non-IMO-adopted but nationally declared TSS held in the United States Court
of Appeals that the TSS had not attained the status of a custom and that the
action of the American Aquarius in proceeding in the wrong direction in the
traffic lane could not be fairly characterised as a failure to conform with good
seamanship.

• Crossing to join - Century Dawn-Asian Energy (Clarke J, 1994) - obligation

under rule 10 (c) paramount even if crossing to join.