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RULES CONCERNING LIGHTS.

ART. 1

A sailing vessel hove-to is under way and bound to obey these Rules.1

RULES CONCERNING LIGHTS.

The word "visible" in these Rules, when applied to lights, shall mean visible on a dark night with a clear atmosphere.

ARTICLE 1.

The Rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited.

It is no excuse for non-observance of this Rule that the lights were being trimmed; that they had been put out, or so dimmed as not to be discernible at any distance owing to bad weather; that the night was clear and moonlight; or that it was only a short time after sunset and fine and clear. It may be an excuse that the lights have been lost overboard, or damaged by collision, or other causes, if it can be shown that there has been no opportunity of replacing them by others. A vessel in this predicament, however, must use every means in her power of warning an approaching vessel of her condition."

Although by this Rule it is forbidden to exhibit lights that may be mistaken for lights that a ship must show under these Rules, yet it is the duty of a ship under exceptional circumstances to show a light to warn an approaching ship, viz., by burning a blue light or a flare over the quarter to attract attention." By Article 12 a vessel is now permitted to show for this purpose a flare-up light, or use any detonating signal that cannot be mistaken for a distress signal.

1 The Rosalie 5 P.D. 245, see also The Jennie S. Barker and the Brig Byron, Supra.

2 The C. M. Palmer, 2 Asp. 95.

3 The Saxonia, Lush. 410.

4 The City of London, Swab 246.

5 The Emperor and The Zephyr, Holt, R. of Road 24.

6 The Aurora, Lush 327.

7 The Merchant Prince, 10 P.D. 139.

ART. 2

RULES CONCERNING LIGHTS.

RULES CONCERNING LIGHTS.

ARTICLE 2.

A steam vessel when under way shall carry— (a) On or in front of the foremast, or if a vessel without a

foremast, then in the fore part of the vessel, at a height above the hull of not less than 20 feet, and if the breadth of the vessel exceeds 20 feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than 40 feet, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, viz., from right ahead to 2 points abaft the beam on either side, and of such a character as to be visible at a distance of at least 5 miles.

(b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles.

(e) On the port side a red light so constructed as to show an

unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles.

(d) The said green and red side lights shall be fitted with

inboard screens projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bow.

(c) A steam vessel when under way may carry an additional white light similar in construction to the light mentioned in sub-division (a). These two lights shall be so placed in line with the keel that one shall be at least 15 feet higher than the other, and in such a position with reference to each other that the lower light shall be forward

RULES CONCERNING LIGHTS.

ART. 2

of the upper one. The vertical distance between these lights shall be less than the horizontal distance.

This Article differs from the corresponding Article in the old Rule in three important respects, as follows:

i. A steamer with no foremast may carry the light in the forepart of the vessel.

ii. The masthead light need never be carried at a greater height above the hull than 40 feet.

iii. A new light is given for the purpose of indicating with greater certainty the heading of a steam vessel [subsection (e)].

The word uniform has been removed from this Article, and the lights are now to show only an unbroken light over an arc of the horizon, &c., &c. It is no longer necessary that these lights should show with equal uniformity or intensity over the arc of the horizon prescribed in this Article. The anchor light, however, is required to show an uniform light all round the horizon. (See Article 11).

Care must be taken to see that the lights are not obscured by the rigging or equipment of the ship or by the smoke or steam from the funnel.1

The exact method by which the side lights are to be screened has never been defined by the Courts. The Board of Trade Surveyors, however, have been instructed to screen the lights in such a way that a line drawn from the inside edge of the wick (or filament of electric lights), to the outside edge of the forward end of the light screen be parallel to the line of the keel of the ship. This method allows the lights to be seen about 2 to 4 degrees across the bows of the ship.

The fact that the lights are screened in this way by the Board of Trade Surveyors will not be conclusive that the lights are screened in accordance with the requirements of this Article because there is now no Order in Council defining how the lights shall be screened so as to comply with this Article.2

These Rules do not require the side lights to be placed in any

1 The Fanny M. Carville, 2 Asp. 565.

The Duke of Buccleuch, 15 P.D. 86; [1891] App. Cases 310.

The Vivid, 7 Not. of Cases 127.

2 The Order in Council of 30th Jan., 1893, defining how the lights should be screened to comply with these rules has been repealed and no order has been made in its place.

ART. 2

RULES CONCERNING LIGHTS.

particular position, so long as they are on their proper sides, and shed their light over the area prescribed by sub-sections (b) and (c).

Every vessel should comply with the requirements of Article 2. An infringement of it, however, will not necessarily cause a vessel to be held in fault, if she can show that the infringement could not possibly have brought about the collision.

The Tirzah, a brig of 239 tons, beating to windward on the starboard tack at night, encountered such rough weather as to render it justifiable, in the opinion of the Court, that her side lights should be removed from the place where they were usually carried in the forepart of the vessel, to the afterpart near the taffrail, and the lights were so removed. In this latter position the lights were obscured to the extent of a point and a half on either bow. The brig collided with a vessel on the port tack and was held in fault.1

A ship whose side lights were occasionally partially obscured by the sails is not in fault if the circumstances of the case are such that the obscuration of the lights could not possibly have caused the accident. Although the light screens are short of the length required by this Rule a ship is not in fault if their shortness could not have contributed to the collision.

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The new light mentioned in sub-section (e) provides a ready and useful means by which the heading of an approaching steamer may with greater certainty be ascertained. In smooth waters this light will, on a vessel approaching end on, be seen directly underneath the masthead light. If the vessel has a list it will appear out of perpendicular with the masthead light, but will not be misleading as the side lights will show the angle of the list. This light must not be confused with the light used by a tug to indicate that she is towing a vessel.

It is possible for a tug to have her lights so placed that they may be mistaken for a steamer using the light mentioned in this Article as she may have her towing light any distance, not less than 6 feet from the masthead light.

Confusion can only arise when the vessel is approaching end on. In all other positions the white lights will not appear to be perpendicular (see further on this, Article 3).

14 P.D. 33. See page 23.

2 The Duke of Buccleuch, 15 P.D. 86; [1891] App. Cases 310.

3 The Fanny M. Carville, 2 Asp. 565.

RULES CONCERNING LIGHTS.

ART. 3

RULES CONCERNING LIGHTS.

ARTICLE 3.

A steam vessel when towing another vessel shall, in addition to her side lights, carry two bright white lights in a vertical line one over the other, not less than 6 feet apart, and when towing more than one vessel shall carry an additional bright white light 6 feet above or below such lights, if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds 600 feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in Article 2 (a), except the additional light, which may be carried at a height of not less than 14 feet above the hull.

Such steam vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam.

The lights used to indicate that a vessel is towing must be at least, if not more, than 6 feet apart, with the exception of the additional light used when towing a tow of over 600 feet in length. This additional light shall be placed 6 feet above or below the other lights, provided that it is carried at a height above the hull of not less than 14 feet. From this it is evident that the lower of the two ordinary towing lights must be placed at least 20 feet above the hull of the tug when the additional light mentioned in this Article is to be carried [see Article 2 (a)].

In addition to the lights mentioned in this Article a tug may also use the light mentioned in Article 2, sub-section (e), as she is a steam vessel under way. If a tug uses this light great confusion may arise when she approaches end on.

For instance, a tug may have this additional light at 14 feet above the hull, one towing light 6 feet above the additional light, and the other at 15 feet above the additional light. These lights,

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