Steering and Sailing Rules (COLREGs Part B – Rules 5, 7, 8)
General principles of conduct for vessels
- Rule 5 requires vessels to maintain a constant and proper lookout by all available means (visual, auditory, electronic aids like radar/ECDIS) for early detection and full appraisal of situations.
- 2. Rule 7 mandates vessels to use all available means to determine risk of collision for early identification of danger. If in doubt, assume risk exists.3
- . Rule 8 mandates vessels to take actions to avoid collisions. Actions taken must be:
- – Positive (clear and unambiguous)
- – Made in ample time
- – Large enough to be readily apparent to another vessel; and result in passing at a safe distance.
Rule 14: The Head-on Situation – Mandate & Distinction
- Rule 14(a) – The Mandate:
When two power-driven vessels approach each other on reciprocal or nearly reciprocal courses with risk of collision, both must alter course to STARBOARD to pass port-to-port. - Rule 14(c) – The “Doubt” Clause:
If a vessel is in any doubt whether a head-on situation exists, she must assume it does and act accordingly (alter to starboard). - Critical Distinction: Head-on (Rule 14) vs. Crossing (Rule 15):
Where two vessels are on converging paths, and one sees the other to its starboard (right) side, this is defined as a Crossing Situation (Rule 15).In this scenario, the vessel with the other on its starboard side is the “give-way” ( which must alter course to keep clear).The other vessel is the “stand-on” (must maintain course and speed).
The KIVELI and AFINA I Collision: Failures to Apply COLREGs
- The collision between bulk carriers KIVELI and AFINA I occurred on 13 March 2021, off the south coast of Greece, when KIVELI turned to port as AFINA I turned to starboard. The Admiralty Court found KIVELI 80% responsible and AFINA I 20% responsible.
- KIVELI’s faults were deemed the primary cause. She failed to maintain a proper lookout or perceive a risk of collision. Notably, KIVELI failed to recognize the head-on situation (Rule 14) requiring a starboard turn, instead making small, inappropriate port alterations that culminated in a catastrophic collision with AFINA I’s port side.
- AFINA I, while less culpable, was also held to have contributed to the collision. She correctly identified the head-on situation and initiated a proper starboard turn as required by Rule 14. However, this critical manoeuvre was executed too late, constituting a breach of Rule 8 for not being made in ample time.
Key Takeaways:
- Absolute Priority of Rule 14: Correctly identifying a head-on situation and immediately initiating a bold starboard turn is paramount for collision avoidance.
- “Doubt Favors Safety”: Mariners must always err on the side of caution. When in any doubt, apply Rule 14(c) – assume head-on and turn starboard.
- “Nature and Quality” of Fault: The KIVELI case demonstrates that fundamental, prolonged, and counter-intuitive breaches (like KIVELI’s failures in lookout, risk assessment, and turning port) are deemed far more blameworthy and causatively potent than a correct action taken late.
- Good Seamanship: Underpins all COLREGs; consistent, proactive action from an early stage is crucial for safe navigation.
