Professional Skipper - Free Sample issue (July/Aug 2011)

OCEAN LAW CONFUSION ABOUT COLLISION PREVENTION BY HAYLEY CAMPBELL BSC, LLB, SOLICITOR A n article in the Dominion Post recently caught my eye t – Maritime New Zealand is in the headlines again! This time it was in an article questioning Maritime NZs' interpretation of the Convention on the International Regulations for Preventing Collisions at Sea, 1972. The article was based on the opinions of two master mariners, one a former harbourmaster and the other a former pilot and ship's master. Collision prevention rules appear to confuse some people, with the related issue of avoiding close-quarter encounters being addressed in this magazine recently in an article which illustrated the lack of knowledge some people out on the water have of the rules. Questions have subsequently been asked regarding what obligations skippers of private vessels have to be familiar with the maritime rules. It is clear that collision prevention rules and regulations are important. They are the equivalent of the rules of the road, and unless everyone is operating on the same rules, collisions seem almost inevitable. The DomPost article raised a number of questions for me. t Are the maritime rules actually at odds with the International Collision Regulations? If they are at odds, and two vessels collide because one was relying on the rules and the other on the regulations, who is at fault? Additionally, the article asserted Maritime NZ's interpretation of collision regulations flew in the face of what New Zealand and international nautical schools were teaching ships' officers. Which also raises the question of what New Zealand nautical schools actually teach ships' officers, if not the maritime rules which apply to New Zealand ships and all vessels in New Zealand waters? Part 22 contains the rules which give effect to the International Regulations for Preventing Collisions at sea. The rules in general apply to New Zealand ships wherever they are (how this works internationally is another question entirely) and all vessels in New Zealand waters. There are some exceptions which are not relevant to this discussion. The definition of vessel means any ship or seaplane while on the surface of the water, and ship means any description of boat or craft used in navigation, whether or not it has any means of propulsion. As raised in previous coverage of the issue, private vessels are subject to the maritime rules. However, as there is no requirement for a licence to operate such vessels, there is nothing preventing anybody from getting out on the water with no idea of what they are doing. The interpretation issue raised in particular in the DomPost article was that Maritime Rule 91.16, which relates specifically to New Zealand harbours, appears to be completely at odds with international collision regulations. Part 91 consists of navigation safety rules. These rules must be read in conjunction with part 22 relating to collision prevention. Part 91 sets basic navigation safety rules and the majority of those rules apply everywhere. Rule 91.16 relates to the duty of the master of a vessel under 500 gross tonnes. The rule provides that the master of a vessel under 500gt must not allow the vessel to impede the navigation of any vessel of 500gt or more, if the vessels are in a harbour area (as defined in bylaws). The article suggested rule 91.16 was the equivalent of a rule requiring all cars give way to trucks, and the statement was made that it is not what the international convention provides. Although it is true there is no equivalent provision in the international convention, the rule is specifically restricted to situations in harbours. There is the ability, under rule 1(b) of the International Regulations, for the appropriate authority to create special rules in relation to harbours, although such rules are expected to conform as closely as possible to the international convention. Maritime Rule 91.16, which relates specifically to New Zealand harbours, appears to be completely at odds with international collision regulations This ability means there is an onus on any skipper in a foreign harbour to be aware of any special harbour-specific rules in that country. So there is specific allowance for rules such as rule 91.16 to exist. Additionally, both the international convention and the maritime rules under part 22 provide that responsibilities as between vessels (except in certain situations requiring otherwise) are that power-driven vessels underway and sailing vessels underway must keep out of the way of a vessel restricted in her ability to manoeuvre. It is likely that a vessel over 500gt in a harbour would come into this category in most cases, which is consistent with the obligation not to impede. More specifically, the obligation not to impede does not reduce the obligations on each vessel to avoid the risk of collision and apply all the associated avoidance rules. It appears therefore that provided everyone is aware of their collision rules, and of any specific harbour rules in the country they are in, there should be no problems … 14 New St, Nelson. PO Box 921, Nelson 7040. T +64 3 548 4136. F +64 3 548 4195. Freephone 0800 Oceanlaw. Email justine.inns@oceanlaw.co.nz www.oceanlaw.co.nz 52 Professional Skipper July/August 2011 r

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