INTRODUCTION. The new or revised Regulations for Preventing Collisions at Sea, which come into force on the 1st of July, 1897, are made by Her Majesty in Council1 on the joint recommendation of the Admiralty and Board of Trade, by virtue of Section 418 of the Merchant Shipping Act, 1894. These Regulations must be obeyed by all British ships everywhere, and by all foreign ships when within British jurisdiction, except in places where local rules take the place of these Regulations. They must also be obeyed by foreign ships outside the British jurisdiction when Her Majesty has, with the consent of the foreign government, applied these Regulations by Order in Council to the ships owned by subjects of that government2. The Regulations must be strictly obeyed, and a person who wilfully breaks them is guilty of a misdemeanour and liable to a penalty of £203, although no damage is done to anybody or anything. If by the non-observance of any of these Regulations damage is done to any person or property, it will be deemed to have been occasioned by the wilful default of the person in charge of the deck of the ship at the time, unless it can be shown that the circumstances of the case made a departure from the Regulations necessary. When in the case of a collision it is proved that any of the Regulations have been infringed, the ship by which the Regulation has been infringed will be held to blame; unless it is shown to the satisfaction of the Court before which the case is tried that a departure from the Regulations was under the circumstances of the case necessary". The infringement must be one having some possible connection 1 27th November, 1896. London Gazette, 1st December, p. 7091. 2 Merchant Shipping Act, 1894, Section 424. No Orders in Council have as yet been made applying these Rules to foreign ships, but it is believed that by July next they will be applied to the ships of all the principal maritime nations. 3 Section 419. 4 Section 419, Sub-Section 3. 5 Section 419, Sub-Section 4. INTRODUCTION. with the collision. For example; a vessel will not be held to blame for a collision which took place in broad daylight because she did not carry a fog horn. The presumption of blame may be rebutted by proof that the infringement could not by any possibility have contributed to the collision, and the burden of showing this lies on the party guilty of the infringement. It is no excuse for a non-compliance with the Regulations that the breach complained of did not in fact contribute to the collision.1 Whenever two vessels come into collision it is the duty of the master or the person in charge of each vessel, if he can do so Toggal his craw and passengers. to Page 6, Note 2. By an Order in Council dated May 18th, 1897, published in the London Gazette May 21st, the Rules of the Road have been applied to the ships of the following countries when not locally within the jurisdiction of the Government of that country, in the same manner in all respects as if these ships were British ships : Argentine Republic. Chili. *China. Guatemala. FE Costa Rica. Russia. Siam. United States. * Only to ships of foreign type, whether war ships or not. soon thereafter as possible, send, by post to the Board of Trade a letter containing an account of the accident or damage and the probable cause of it, together with the name of the ship, her official number, the port to which she belongs, and the place where she is. If he fails to do so without reasonable cause he will be liable to a fine not exceeding £50.* 1 The Fanny M. Carvill, 13 App. Cases 455. The Duke of Buccleuch. [1891] A.C. 310. 2 Section 422 Merchant Shipping Act, 1894. INTRODUCTION. Neglect to comply with these regulations, besides rendering the shipowner liable to pay damages, will, if a death ensues, render the person in charge1 liable to be prosecuted for manslaughter,2 and it will be no answer to such a prosecution that the orders given were right ones, but that the person whose duty it was to carry them out did not understand them. The person giving the orders will be guilty of negligence if he fails to make himself understood.s 1 This will include a pilot. 2 Rex. v. Allen, 7 C. & P. 153. Reg. v. Barnett, 2 C. & K. 594. Reg. v. Haines, ibid 368. 3 Reg. v. Spence, 1 Cox, C.C. 352. The London School Board v. Lardner, The Times, 20th February, 1884. The Regulations for Preventing Collisions at Sea, 1897. PRELIMINARY. These Rules shall be followed by all vessels upon the high seas and in all waters connected therewith, navigable by sea-going vessels. In the following Rules every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The word "steam vessel" shall include any vessel propelled by machinery. A vessel is "under way" within the meaning of these Rules when she is not at anchor, or made fast to the shore or aground. The Regulations of 1897, or the New Rules, will be in force on and after the 1st July, 1897,1 in all waters navigable by sea-going vessels. They apply to all waters connected with the sea that can be navigated by vessels that in fact go to sea. On such waters they must be obeyed by all vessels whether seagoing or not. There are, however, exceptions to this rule, and they will be found under Article 30. Throughout the New Rules, the word "vessel" has been substituted for the word "ship" when that word was used in the Old Rules. By the Merchant Shipping Act, 1894, section 742, of which Act these Rules form a part, the word "vessel" is defined to include any ship or boat or other description of vessel used in navigation. It is however questionable whether the term "vessel" as used in these Rules would include rowing boats, for in Article 7, sub 1 Note that these Rules come into force immediately after midnight on the 30th June, 1897. 2 The Salt Union v. Wood. [1893] 2 Q.B. 370. PRELIMINARY. sections 3, 4, there are two classes of craft mentioned, "vessels under oars" and "rowing boats," indicating that rowing boats are not included in the term "vessels under oars." The definition of "steam vessels" includes ships propelled by electricity or other mechanical power, with such modifications as the Board of Trade may prescribe for the purpose of adaptation.1 For a vessel fitted with mechanical propelling power, to be considered and treated as a sailing vessel, she must be able to show that she was under sail and could not use her machinery, either from disablement or from want of steam or other mechanical propelling power. 2 A steam tug lying-to under jib and foresail with her engines stopped and her helm lashed a-port, and with only just sufficient steam to enable her to reverse her engines, is a steamship under way, and bound to keep out of the way of sailing ships, so also is a steam tug drifting with not sufficient steam up to enable her to get out of the way of a sailing vessel. Under the present Rules a steam vessel entitled to be treated as a sailing vessel, must in the daytime, if her funnel is up, hoist a black ball or shape 2 feet in diameter.* To understand the meaning of the term "under way," it is necessary to see what construction has been placed on the term "at anchor." From the following cases it would appear that a vessel is under way as soon as she ceases to be attached to the ground. A vessel with her anchor down, but not holden by it and under the control of it, is under way. 5 A steam vessel riding with both her anchor chains out, but without the anchors attached thereto, was held to be a vessel not under command and not justified in hoisting the lights for a vessel at anchor.6 A vessel driven from her anchors by a gale of wind and setting sail is, even if wholly unmanageable, a vessel under way and bound to show lights for a vessel under way." 1 The Merchant Shipping Act, 1894, Section 743. 2 The Jennie S. Barker, 3 Asp., M.L. Cas. 42. 3 The Brig Byron, 2 New South Wales Reports Adm. 1. 4 Article 14. 5 The Esk. L.R. 2 A. & E. 350. 6 The Faedrelandet. [1895] P. 205. 7 The George Arkle, Lush. 382, see The Buckhurst, 6 P.D. 155. |