WHAT ARE THE ZONES OF COLLISIONS?

These are the three (3) zones of time in ship collisions. Each zone is important in determining the
respective liabilities of each ship.
WHAT IS THE FIRST ZONE?
This is the zone that refers to all the time up to the moment THE RISK OF COLLISION begins. In this
zone, one ship/vessel is deemed a privileged vessel/ship. This means that the other vessel would need
to start making actions to prevent or avoid the possible collision.
WHAT IS THE SECOND ZONE?
This is the zone that refers to the time between moment when risk of collision begins and moment it
becomes practically a certainty. In the second zone, the conduct of the ship/vessels are primordial. It is
in this zone that vessels must observe nautical rules, unless a departure therefrom becomes necessary to
avoid imminent danger. The ship/vessel which does not make such strict observance is liable.
WHAT IS THE THIRD ZONE?
This is the zone that refers to the time when collision is certain and up to the time of impact. In this zone,
an error at this point no longer bears any consequence.

ILLUSTRATION OF THE THREE ZONES OF COLLISION

WHAT HAPPENS IF THE COLLISION IS DUE TO THE FAULT, NEGLIGENCE OR INADEQUACY
OF CREW?
The provisions of Article 826 of the Code of Commerce provides that, “If a vessel should collide with
another through the fault, negligence, or lack of skill of the captain, sailing mate, or any other
member of the complement, the owner of the vessel at fault shall indemnify the losses and damages
suffered, after an expert appraisal”.
WHAT HAPPENS IF BOTH VESSELS ARE AT FAULT
In such a case the provisions of Article 827 of the Code of Commerce shall apply. Such provision states
that, “If both vessels may be blamed for the collision, each one shall be liable for his own damages,
and both shall be jointly responsible for the losses and damages suffered by their cargoes”.
WHAT HAPPENS IF FAULT CANNOT BE ATTRIBUTED TO EITHER VESSEL?
Then the applicable doctrine of Inscrutable Fault applies. This means that each vessel shall suffer its
own losses and both shall be solidarily liable for loses or damages on the cargo. Furthermore Article 828
of the Code of Commerce provides that the provisions of the foregoing article are applicable to the
case in which it cannot be decided which of the two vessels was the cause of the collision.