Some Comments on the Regulations for Preventing Collisions at Sea, 1972

Abstract

A careful study of Parts A and B of the new Regulations as far as the application of the Steering and Sailing Rules is concerned leaves one disappointed and apprehensive. The first because an opportunity for considerable rationalization has not been fully used and the second because the corner-stone of the edifice of safety which for many years has supported the careful seaman has been knocked out. Apart from these there is a number of ambiguities.

It will be realized at once, of course, that these words are being written by one of the old school who has for several years opposed the more fundamental changes and to whom, since he first went to sea some sixty years ago, the old Rules covered with a minimum of verbiage the infinite variety of maritime circumstances and conditions. Additionally, having studied most of the collisions which have brought shipowners to Court, he has found none in which the Rules were faulted, but a vast majority in which human frailty in the form of misappraisal of the circumstances or conscious disobedience of one or more of the simple Rules had been the cause of disaster.

The corner-stone referred to above was the clear division of responsibility between the two parties to a situation involving collision risk in both the crossing and overtaking encounters.