Albofera, Praise Gee L.

June 9, 2023
1Alpha- Nautical MWF (0930-1030H)

COLLISION REGULATIONS

RULES IN ORDER TO
AVOID COLLISION

Instructor: Submitted by:

2/M Lapinid Leonides 4C/L Albofera, Praise
Alpha- Nautical
(29th Batch)
LO 8.1: Explain at what circumstances deviation from the rules is
acceptable in COLREGS
First off, the carrier may stray from guarding and conserving the cargo if there is a
specific or urgent threat. The carrier may deviate to save human life, but he may not
unnecessarily delay the vessel at the scene of a casualty. Third, the contract of carriage may
permit a deviation from the contractual voyage if it contains a "liberty to deviate" clause. It is not
safe to rely on such clauses, however, as they are interpreted in a most narrow and restrictive
manner.
The Rules, which are typically written into the contract of carriage, permit modifications
for any justifiable reason, including the preservation of life and/or property. What is meant by
"reasonable" is almost hard to define. However, the cargo owners will also be considered when
determining whether a variation is appropriate, in addition to the carrier.
The vessel must arrive at her destination promptly, and this is another responsibility of
the carrier. For the transportation contract to be properly fulfilled, the length of the voyage is
essential. Any unneeded delay will be considered in the same way as a departure from the
agreed-upon itinerary.
The Master must tell the owners right away if the vessel deviates from the planned,
straight, or customary course or if the voyage is delayed. In addition, he must make sure that the
specific and full justifications for the deviation or delay are thoroughly and accurately recorded.
Owners must also have access to records including the logbook, ship-to-shore communications,
course recorders, and charts.
It should be understood, however, that deviation need not entail a substantive alteration in
course and can take the form of merely slowing down to receive supplies at an intermediate off-
port-limits call.

Justifiable Deviation
The deviation can be justified (i.e., excused) in the following cases;
 to save human life or aid a ship in distress where human life may be in danger
 where reasonably necessary for obtaining medical or surgical aid for any person onboard
 where reasonably necessary for the safety of the ship
 if authorized by any special term in the insurance policy
 where reasonably necessary to comply with an express or implied warranty
 where caused by circumstances beyond the control of the Master
 where caused by barratry of the Master or crew (if barratry is an insured risk). Barratry is
defined as "An act committed by the Master or mariners of a vessel, for some unlawful or
fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain an
injury. It may include negligence, if so gross as to evidence fraud."
REMEMBER: The Master has full authority to deviate from the intended route for the safety of
life, the ship, her cargo or the environment.

Effects of Deviation on Cover

Without a justifiable cause like the one mentioned above, when a ship deviates, the
insurance policies are worthless as of the time of the deviation. It's vital to understand that even
if a loss happens after the deviation is finished and the ship has returned to her regular course,
the insurance won't be responsible for it. The result of an unreasonable deviation is that the
shipowner will no longer have access to his regular insurance coverage. In addition, he forfeits
all legal protections provided by the applicable Carriage of Goods by Sea Act.

Notification on Deviation
Any actual or intended deviation should be reported to the management company by the master as soon as
practicable so that owners, charterers, cargo interests, and insurance are informed. The Master
must once more tell the Company when the deviation, regardless of its cause, is finished.

LO 8.2: Discuss applicable Rules in COLREGS 1972, as amended in

order to avoid collision with an approaching target.
Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight and
hearing as well as by all available means appropriate in the prevailing circumstances and
conditions so as to make a full appraisal of the situation and of the risk of collision.
Maintaining a proper look-out at all times is an important part of safe watchkeeping, this
includes posting a seaman as look-out from dusk to dawn and sometimes by day, especially
when the visibility is restricted. Requirements for safe watchkeeping are laid down in Chapter
VIII of the International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers. The look-out man should, if possible, be stationed forward, unless weather
conditions make this impossible, so that his attention will not be distracted. A further advantage
is that he/she may be more likely to hear fog signals coming from ahead. Other factors such as
the need to have a seaman immediately available in case of emergency and the benefit of being
able to communicate directly with the look-out man should be remembered.
Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at a safe
speed...". The Rule describes the factors which should be taken into account in determining safe
speed. Several of these refer specifically to vessels equipped with radar. The importance of using
"all available means" is further stressed in Rule 7 covering risk of collision, which warns that
"assumptions shall not be made on the basis of scanty information, especially scanty radar
information"
Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the basis
of scanty information, especially scanty radar information"
 Rule 8 covers action to be taken to avoid collision.Rule 17 deals with the action of the stand-on
vessel, including the provision that the stand-on vessel may "take action to avoid collision by her
manoeuvre alone as soon as it becomes apparent to her that the vessel required to keep out of the
way is not taking appropriate action.
Rule 18 deals with responsibilities between vessels and includes requirements for vessels which
shall keep out of the way of others.

LO 8.3 Analyze a collision case inorder to determine the applicable

rules and appropriate rules and applicable rules and the
appropriate actions based on COLREGS 1972, as amended

Case study: Collision as vessel was overtaken

The collision involves a situation where one vessel is overtaking another vessel. In such a
situation, the applicable rules and appropriate actions will depend on the specific circumstances
of the collision, including the vessels involved, their relative positions and speeds, and the
navigational environment. However, in general, the COLREGS 1972 provides the following
rules and guidelines for overtaking situations:
Rule 13 - Overtaking
(a) Notwithstanding anything contained in the Rules of Part B, Sections I and II, any vessel
overtaking any other shall keep out of the way of the vessel being overtaken.
(b) A vessel shall be deemed to be overtaking when coming up with another vessel from a
direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the
vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel
but neither of her sidelights.
(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that
this is the case and act accordingly.
(d) Any subsequent alteration of the bearing between the two vessels shall not make the
overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty
of keeping clear of the overtaken vessel until she is finally past and clear.
Based on Rule 13, the vessel overtaking another vessel has a duty to keep out of the way
of the vessel being overtaken. The overtaking vessel must also maintain a safe passing distance
and speed, taking into account the navigational environment, visibility, and the maneuverability
of both vessels.
If a collision occurs in an overtaking situation, the appropriate actions will depend on the
specific circumstances of the collision. However, both vessels may have contributed to the
collision, and liability may be apportioned accordingly. In general, the vessel that fails to keep
out of the way of the overtaken vessel may be held liable for the collision.
It is important to note that the COLREGS 1972 provides specific rules and guidelines for
different types of vessels and navigational situations. In any collision case, it is important to
carefully analyze the specific circumstances of the collision and apply the relevant rules and
guidelines to determine liability and appropriate actions.In an overtaking situation, the
overtaking vessel has the responsibility to keep clear of the vessel being overtaken. This means
that the overtaking vessel must maneuver in such a way as to avoid a collision with the vessel
being overtaken.
As per Rule 13(b) of the COLREGS 1972, a vessel is deemed to be overtaking when it is
approaching another vessel from a direction more than 22.5 degrees abaft (behind or to the rear
of) the other vessel's beam. This means that the overtaking vessel must determine whether it is
overtaking the other vessel and take appropriate action to avoid a collision.
If a collision occurs, it may be necessary to determine which vessel is at fault. In an
overtaking situation, the vessel being overtaken has the right-of-way, and the overtaking vessel
must keep clear. However, there may be circumstances where the vessel being overtaken is not
able to maintain its course and speed due to navigational constraints, such as shallow water,
restricted visibility, or heavy traffic. In such cases, the overtaking vessel must take appropriate
action to avoid a collision, such as slowing down, altering course, or communicating with the
other vessel.
If both vessels are found to have contributed to the collision, liability may be apportioned
based on the degree of fault. This means that both vessels may be held partially responsible for
the collision, and the amount of damages and compensation may be divided accordingly.
 In summary, the key principles that apply in an overtaking situation are that the
overtaking vessel must keep clear of the vessel being overtaken, maintain a safe passing distance
and speed, and take appropriate action to avoid a collision. If a collision does occur, liability may
be determined based on the specific circumstances of the collision and the degree of fault of each
vessel.