Part A · General · Rule 2
Responsibility
2(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
- “Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof”No one can use the Rules as an excuse. The vessel, her owner, her master and her crew all remain responsible for what happens.
- “from the consequences of any neglect to comply with these Rules”If you fail to follow the Rules, you are responsible for the result.
- “or of the neglect of any precaution which may be required by the ordinary practice of seamen”You are also responsible if you fail to take a precaution that any competent mariner would take, even where no Rule requires it. This is good seamanship, for example passing at a safe distance, posting an extra lookout in heavy traffic, or calling the master early.
- “or by the special circumstances of the case”Some situations call for extra care that the Rules don’t spell out, such as manoeuvring in a crowded anchorage or near a vessel whose intentions are unclear.
Following the Rules is the minimum, not a defence. “I was the stand-on vessel” will not protect you if good seamanship called for action; Rule 17(b) says the stand-on vessel must act when a collision can’t be avoided by the give-way vessel alone.
2(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
- “In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision”When you interpret and apply the Rules, you must take account of every hazard around you: other vessels, shallow water, tidal streams and the weather.
- “and to any special circumstances, including the limitations of the vessels involved”This includes what each vessel can and can’t do, such as a deep-draught ship that can’t leave the channel, a large ship that needs a long distance to stop, or a sailing vessel in light winds.
- “which may make a departure from these Rules necessary to avoid immediate danger”You may depart from a Rule only when that is needed to avoid immediate danger, and only as far as needed. It is a last resort, not a choice.
Rule 2(b) lets you depart from a Rule only to avoid immediate danger. For example, in a head-on situation you might alter to port because a turn to starboard would put you aground. It is never a reason to ignore the Rules for convenience.