Rules of avoidance between watercraft

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The rules of avoidance between watercraft are part B of the collision avoidance rules (KVR), which apply to vehicles on the high seas or the waters connected to them. They determine the rules according to which watercraft (motor ships, sailing ships, seaplanes etc.) have to avoid each other if they meet in such a way that a collision is possible. Unlike in road traffic , where it is determined who is allowed to drive, there is no right of way with watercraft . Watercraft cannot “stand still” like a land vehicle because they are constantly driftingexposed to wind and water currents. Therefore, the avoidance rules describe who has to avoid under which conditions ("avoidance") and who has to maintain his course and speed ("course keeper").

priorities

The following applies in principle: Vehicles that are more difficult to maneuver due to the drive they are currently using have priority over those that are easier to maneuver (Rule 18 KVR):

  1. All vehicles give way to ships that are difficult to maneuver or that are unable to maneuver (these must set appropriate signs ).
  2. All vehicles (except those with restricted maneuverability) give way to vehicles that are restricted in maneuverability due to their draft (“restricted draft”).
  3. Other vessels keep themselves clear of vessels that fish with nets, lines or trawls and can therefore only maneuver to a limited extent.
  4. Sailing boats and ships sailing under sails have priority over motorized ships (see below for sailing ships among themselves).
  5. Motor ships avoid all other road users (see below for motor boats among themselves).

While the avoidance rules in the KVR only deal with these types of ship, additional rules of avoidance and right of way apply on many inland waters. Scheduled ships (public passenger ships) often have priority over all other road users.

The alternative rules of the KVR apply regardless of the size of the ship. In principle, an oil tanker has to avoid a small sailing dinghy. However, one must also take measures to avoid a collision on the sailing dinghy as soon as it is certain that the oil tanker is not fulfilling its obligation to evade. In practice, recreational craft avoid all commercial vessels as soon as possible so that a critical situation with a risk of collision does not arise.

Encounters of motor boats

  1. If two motorboats meet on opposite courses (i.e. they drive head-on towards each other), each one dodges to starboard (rule 14 KVR).
    If two motorized vehicles approach each other, they will see the green and red side lights of each other .
  2. If the courses of two motorboats cross, the one that has the other on starboard avoids (rule 15 KVR).
    From the rules on position lights and the regulations for overtaking people (see below), it follows that only the motorboat that sees the port sidelight of another motorboat in the sector that is irradiated by its starboard sidelight can be obliged to give way.

Sailing vessel encounters

Lee (B) in front of windward (A) - A has to avoid B (therefore A has to avoid left or drive through behind B); Arrow = wind direction
Optimists on a collision course. The boat with sail number 64 is on port tack and has to swerve. Boat 99 has to stay on course.

Rule No. 12 of the International Collision Prevention Rules describes the rules of avoidance between two sailing vessels . Sailing vehicles that use their drive motor are not considered sailing vehicles here, but machine vehicles. Machine vehicles that are neither incapable of maneuvering or impaired maneuvering, nor fish, must avoid sailing vehicles.

  1. If both sailing vessels have the wind from different sides , the vessel must give way on port tack (left in the direction of travel). If the boom to port, the vehicle for the purposes of KVR has the wind on starboard , the tree stands on starboard, it has to avoid the port tack and needs.
  2. If two sailing craft have the wind on the same side , the windward craft must give way .
  3. A sailing vehicle on port tack must avoid a sailing vehicle coming from windward if the sail position of the windward vehicle cannot be determined with certainty.

On Austrian waterways , a sailing vehicle may only overtake another on its windward side.

Overtaking

A vehicle (this applies to all vehicles, including sailing vehicles) that overtakes must avoid the other vehicle. A vehicle is considered to overtake another vehicle if it approaches it from a direction of more than 22.5 degrees more astern than abeam and is therefore positioned in relation to the vehicle to be overtaken in such a way that at night only its rear lights, but none of them Could see sidelights. The overtaking man remains obliged to evade "until he has clearly passed"; he does not lose this duty simply by leaving the area described above. (Rule 13 KVR)

Measures by the person obliged to give way and the course holder

  • The course holder (the watercraft that does not have to swerve) must maintain course (direction in which the boat is going / sailed) and speed (rule 17 KVR).
  • The vehicle that is required to give way must act promptly, clearly and decisively (evade) (rule 16 KVR).

Traffic separation areas

Traffic separation areas are the “highways” of the sea. There are clearly marked sections on the nautical charts in which the traffic is carried out in separate directions. Motor ships longer than 20 meters must use existing traffic separation areas and have priority over small ships (fishing boats, yachts, sailing ships).

Last-minute maneuvers

If the two vehicles have come so close that a maneuver by the person obliged to give way alone can no longer prevent a collision, the course holder must also initiate his own evasive maneuver in order to avoid the collision. This maneuver is called the last-minute maneuver .

scope

The avoidance rules for watercraft contained in the collision prevention rules apply worldwide in accordance with rule 1 to international waters that can be navigated by seagoing vessels. There may be special regulations in national waters. The evasive rules have been partially adopted into the German sea and inland waterway regulations as well as into many usage regulations for German inland lakes.

A national exception , which is very important in practice, is contained in Section 25 SeeSchStrO : Ships that follow the course of a fairway have right of way. However, this only applies to sailing ships if the sailing ship clearly follows the course of a fairway (Paragraph 3).

For the participants in sailing regattas , special racing rules often apply to one another, for example with regard to the right of way at the turning marks. Even if it is a good custom among sailors not to interfere with the participants in a race, it does not legally imply any obligation to avoid non-participants, unless special regulations are made and made known by the local authorities.

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