Vessel encounters drunks. Which rule applies?

 

Two Sail boats (Wikipedia) via Bitter End - this  article From The Kitsup Sun  Sailboaters Impede Bainbridge  Ferry, Moon Crew


The story is  that four drunks in a boat forced a Washington State Ferry to take  evasive maneuvers to avoid hitting them.

What was  interesting about the article was the  comments section. It was largely a back and forth as to which rule applied. Was it a  narrow channel?  Special circumstance? do ferries  on the regular run  have special  privileges and so forth. Here is a sample

Correct  me if I am wrong, but according to marine rules I believe a  sail boat  under sail has the right of way over motorized marine traffic.
The  ferry was required to maneuver around the sail boat not the other  way  around.

This is a case of knowing just enough to be  dangerous.  An encounter with a small pleasure craft with four drunks  aboard is not a  case where boaters  need to scramble to review the rule  of the  road. They just need to stay (expletive deleted)  out of the way.

 RULE 2 reads:

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. 

Four drunks in a sailboat cannot be  depended upon to follow the ordinary practice of seaman. In this case  the sailboat can not safely be treated as a vessel but rather as  a  randomly  moving hazard to navigation.

In a  encounter between  two commercial vessels, experienced  seaman aboard each vessel will  recognize the limitations of the other. In addition contact is often  made via VHF to clarify the situation and to negotiate a passage. This  is often not the case in an encounter between  a  small pleasure craft  and a larger commercial vessel.

Just the fact that a  pleasure vessel would force a rules of the road situation upon a larger,  less maneuverable vessel demonstrates  that the  operator of the  pleasure craft is no seaman.
Unlike the case of an encounter  between two commercial vessels, the situation with a small pleasure  craft  is far less symmetrical. Often the lowest risk choice for the  larger vessel is to hope the smaller vessel has the sense to stay  clear.  When a small craft draws too close and reaches a point  where   only action by the smaller vessel can avoid a collision  the hope is  that an appreciation of the situation  will penetrate past the  portion of the operators  brain that deals with rules of the road  and   into the reptilian part of his brain that fears death.
  

Bottom line is give the working mariners a break  and stay clear. Well clear.  Please.

K.C.

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This  page, from Charleston Harbor port officials tells it like it is. 

From  a kayak  rental outfit this:  "We have often heard paddlers assert,  incorrectly, that they have the  "right of way" over all other vessels" ; 

My  post Ship   vs Boat,  who has the Right of Way

My post  Fishing vessels and imaginary lookouts