# TSS, Yachts and Rule 10 (j)



## Cisco

There is a vigorous debate going on elsewhere in cyberspace regarding the interpretation of Rule 10(j) and what constitutes 'imped(ing) the safe passage'.

10 (j) A vessel of less than 20m in length or a sailing vessel shall not impede the safe passage of a power-driven vessel following a traffic lane.


I would be interested in the views of serving mates and masters on how they interpret this rule in the real world.

Me? when I sat masters it was still the 1960 rules......


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## 5036

I am guessing this is spawned of the August 2011 collision between a supertanker and a racing yacht off Cowes. It can be viewed here.

http://www.google.co.uk/url?sa=t&rc...XQN2VjHTkk_Y-q1tf_-Ys3w&bvm=bv.53899372,d.d2k

If you look closely at 00:21 you will see the picket boat returning from warning the yacht off. One crew-member jumped overboard and was pulled out by a RIB that responded to the incident. The HK was beginning her turn north with a tug on her stern. The pilot and skipper had no option but to go through with the manoeuvre or she would have been on the bank. The tanker was on full starboard rudder and the man in the water was lucky not to be going through the prop. Look carefully towards the end of the video and you may see the tow-wire to the tug that is guiding the stern around a very narrow tight channel. Had the guy in the water missed the HK propeller then he would have been lined up for the tug. The horror story here is the tug skipper who would have had limited options regarding avoiding the man in the water and avoiding girting.

There are very clear rules regarding the shipping channel around the Brambles Bank. For a naval officer to be involved in such a collision beggars belief.

On the Clyde we quote local harbour authority regulations in regatta sailing instructions and even allow the use of an engine to get clear in exceptional cir***stances. Any vessel breaking these rules during a regatta would be severely dealt with.

Some details of the trial here.

http://www.dailyecho.co.uk/news/10726311.Sailor_accused_of_crashing_boat_into_tanker/


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## callpor

Cisco said:


> There is a vigorous debate going on elsewhere in cyberspace regarding the interpretation of Rule 10(j) and what constitutes 'imped(ing) the safe passage'.
> 
> 10 (j) A vessel of less than 20m in length or a sailing vessel shall not impede the safe passage of a power-driven vessel following a traffic lane.
> 
> 
> I would be interested in the views of serving mates and masters on how they interpret this rule in the real world.
> 
> Me? when I sat masters it was still the 1960 rules......


Cisco, With respect I think the reference should be to Rule 9, Narrow Channels (b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

I trust the powers that be will apply the appropriate judgement for this unacceptable behavoire by this socalled professional (RN) mariner.


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## Cisco

No, this isn't about that incident... it involves yachts crossing TSS in the Channel fr'instance..... can they stand on across the TSS and expect ships to give way or should they - the yachts- give way to all comers..... I have my views but would like to hear what others think and do.


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## Geoff Gower

*Might has right*

Surely this rule, has not ,and cannot be interpreted in any other way-"Might has Right"


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## Orbitaman

Rule 18 - Responsibilities between vessels, should cover this without any ambiguity. The first line states:

"Except where Rules 9,10 and 13 otherwise require"

This statement supercedes the responsibility of a power driven vessel to keep out of the way of either vessels under 20m in length, sailing or fishing vessels within a TSS.

The terms "keep out of the way of", "not impede the passage of" and "not impede the safe passage of" all mean the same thing.

Impeding the passage of another vessel within the context of the rules means that the 'give way' vessel is obliged to keep out of the way of the 'stand on' vessel.


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## ben27

good day nav.sm.yesterday.06:12.#2.re:tss.yachts and rule 10(j)thank you for posting that great link re:the tanker and the yacht.the yacht was very lucky,regards ben27


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## Pilot mac

There was an early opinion that small sailing craft should not enter a TSS at all !

Dave


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## Davie M

The sailing instructions off the Bramble bank are very clear viz. Vessels over 150m have a Moving Prohibited Zone 1000m long x 200m wide ahead of them. Vessels under 20m are prohibited from entering this zone. You cannot get it any clearer than that.
However, I regularly see the sailing rules being ignored by yachts who because they are racing they think they have right of way over all other vessels.
As for TSS and DWR routes a good lookout and patience works wonders when in a small vessel. 
Davie


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## 5036

On the many yacht delivery trips I have skippered I have trained many "apprentices" in the real, rather than in the "Zero to Hero" manner of the various "Yacht Master"certificates and a black and white interpretation of the COLREGS. Of great import in the vicinity of commercial shipping is respect and understanding for the very different problems and priorities evident on the bridge. I always tell them to assume that they haven't been seen and to show "body language" ie to manoeuvre in a way that makes their intentions absolutely clear to the other bridge crew thereby relieving the bridge crew of perceived or potential problems.

The AIS system is one of the most significant advances in ship and small craft safety ever produced. In particular, destination often gives an indication of what manoeuvres a vessel is about to make and where small craft spend a lot of cash on the stereo and flat screen entertainment systems the thought of spending a couple of hundred quid on an AIS (even if it is just a receiver) is often a lower or non-existent priority. 

The TSS and other systems such as the Moving Prohibited Zone are there to assist the safe passage commercial shipping and the small craft skipper who thinks he has unassailable rights is a danger more to himself than the much larger craft for whom they are an essential.


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## John Dryden

I can see where you are coming from but the spending of cash on sound systems for a motor vessel may be valid; but surely not on a sailing boat?
If that is true, nav,you have a big problem down your way.


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## 5036

John Dryden said:


> I can see where you are coming from but the spending of cash on sound systems for a motor vessel may be valid; but surely not on a sailing boat?
> If that is true, nav,you have a big problem down your way.


Believe me, we do. In younger days owners started off at 20 feet or so and built up almost as their career progressed.Now a significant number buy their first charge at 40 feet and I can quote you more than one buying their first yacht at 50 feet. They all do their dayskippers, yachtmaster, offshore yacht master but the basic ingredients of seamanship, common sense, experience and manners do not match the size of the vessels rather their ego is their largest asset. Watching them manoeuvre is painfull but the number now going astern down large marina aisles is frightening and as unseamanlike as you can get.


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## Nova Scotian

*Proffessional Courtesy and Respect*

Up until a few years ago I taught ROR as part of a number of programs for the operators of small vessels. I found the following two Ship Safety Bulletins, by Transport Canada, quite helpful when talking about the small vessel large vessel encounter. I believe they are still current but may have been slightly amended.

Bulletin No.: 10/1987

Date (Y-M-D): 1987-09-22

Subject: Safe Navigational Practices - Professional Courtesy and Respect for Fellow Mariners

Mariners operating smaller vessels have reported that they are frequently intimidated by mariners in charge of larger vessels. Such action may be accidental or deliberate.
The sea is a common heritage to be used and shared by all mariners with professional courtesy and respect for others. There are no absolute rights of navigation, only privileges and obligations established by tradition and sometimes formalized in legislation.
The Collision Regulations prescribe safe practices for preventing collisions at sea; and on the other hand, the Criminal Code of Canada, prohibits unsafepractices in the operation of vessels. Mariners must comply with this important legislation giving due regard to fellow mariners who may also be exercising their legitimate uses of the sea.
Mariners must navigate with particular care in areas where vessels may meet because of: traffic routes and patterns; fairways, rivers, channels and harbours; activities related to the oil and gas industries; commercial and sports fishing; and popular marine recreational areas.
Mariners in charge of larger vessels must recognize that smaller vessels are generally more vulnerable to the effects of passing vessels and should take appropriate action to prevent endangering these smaller vessels. Mariners operating smaller vessels must not impede the safe passage of larger, less manoeuvrable vessels; it would be dangerous to assume that mariners in charge of larger vessels can always see, appreciate and avoid endangering a smaller vessel.
Professional courtesy and respect for fellow mariners, and strict compliance with traditional and legal privileges and obligations, will make the sea a safer and more harmonious environment for the benefit of all concerned.

Bulletin No.: 06/1999
Ship Safety Bulletins (SSB)



Date (Y-M-D): 1999-05-12

Subject: Avoiding a Close Quarters Situation in Narrow Channels and in the Vicinity of Berths

This Bulletin replaces Bulletin No. 11/1988.

This Ship Safety Bulletin should be read in conjunction with Ship Safety Bulletin 10/1987.

There have been several serious incidents in the past, in which small fishing vessels and pleasure craft, while navigating in narrow channels and in the vicinity of berths, have impeded the passage of ferries and other large vessels. Some of these incidents have resulted in the loss of life. Recent growth in traffic density and congestion, in some locations, has increased the risk of closed quarter incidents.

In recent years, in various locations across Canada, the type and number of passenger vessels in service has increased considerably. The high operating speed of some of these vessels; which include catamarans, hydrofoils, air cushion vehicles, etc., has allowed operators in certain areas to increase the frequency of services. This has resulted in intensification of the traffic density in the navigational channels in these locations. Therefore, all vessels including small vessels are advised to exercise great caution when navigating in these channels.

Rules 9 (b) and 9 (c) of the Collision Regulations (COLREGS) state that vessels of less than 20 metres in length or sailing vessels and vessels engaged in fishing, shall not impede the passage of vessels which can safely navigate only within a narrow channel or fairway. Owing to their construction and handling characteristics, large vessels may be severely limited in their ability to maneuver in narrow channels. Strong cross currents or winds could create a dangerous situation if such vessels are to stop or reduce speed. Operators of small vessels must similarly navigate with extreme caution, in the vicinity of a berth, where a larger vessel may be maneuvering.

The following precautions should be taken by small craft operators while navigating in a narrow channel used by large vessels or while navigating near berths where such vessels may be maneuvering:

Maintain a proper lookout in all directions, both by sight and sound, and utilize all available means, including radar and radio to make a full appraisal of the situation. (Rule 7 COLREG)
Use every available means to ensure that day and night signals displayed by other craft are correctly identified, prior to taking any action to avoid a close quarters situation.
Be aware of the departure and arrival times of ferries using the channel in which the small craft intends to navigate. Certain ferry operations may be so frequent and routine that they may be considered as continuous.
If necessary, wait until large vessels have cleared the channel or have berthed.
 When underway, keep to the starboard side of the channel. Consideration may need to be given, in order to avoid a close quarters situation, for a small craft to leave the channel when it is safe to do so.
Proceed at a safe speed. If necessary, reduce speed or stop the vessel to avoid a close quarters situation.
Avoid erratic maneuvers. Any alteration of course should be deliberate and made in sufficient time. Having altered, maintain a steady course until the other vessel is finally past and clear.
If in doubt as to another vessel's actions, make a bridge-to-bridge call on the appropriate VHF channel or a radio SÉCURITÉ call on VHF channel 16, notifying other vessels of the small craft's position and requesting other vessels to respond.
Use the appropriate sound signals in accordance with Rule 34 and 35 of the Collision Regulations.

Due to debris in the water, mariners and operators should be aware that high speed craft vessels may be forced to suddenly reduce speed or change direction, therefore, the intentions of these vessels may sometimes be unpredictable.

Notwithstanding the above, all vessels must continue to observe the requirements of the Collision Regulations.


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## Klaatu83

Frankly, I doubt whether 90% of small boaters would even know what a Traffic Separation Scheme is, let alone know what it meant on a chart, assuming that they even had a chart in the first place. It has been my experience that the only thing most "yachtees" know about what we used to call "The Rules of the Road" is a vague concept that a sailboat has the right of way over a power boat. They interpret that to mean that a 15-foot sailboat has the right of way over a 1,000-foot container ship. I once had occasion to talk with an editor of a yachting magazine, who related to me with indignation an incident in New York Harbor, in which a large tanker refused to give his little sailboat the right of way. He was very surprised when I explained to him that his little sail boat did not, in fact, have the right of way, and that the tanker was acting in accordance with the rules. 

I have seen countless instances of that sort of ignorance among small boaters. I remember another sailboat operator who ran his little sailboat, it couldn;t have been more than an 18-footer, under power from a tiny outboard motor right between out 950-foot container ship and the dock to which we were tying up. The docking master on the bridge blew the five-blast danger signal at him, which he responded to with a cheerful wave. There was also the motor boat operator who anchored right in the middle of The Narrows, at the entrance to New York Harbor, in order to fish. I saw him waving at the ships as they passed him close aboard. Apparently he thought the reason they were all blowing their whistles was that it was merely their way of saying, "hello"!

It has been a frequent source of frustration to those of us who make our living at sea that, while we are required to know the COLEGS backwards and forwards, any ignoramus can go out on the water in a small boat without being required to know anything whatsoever.


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## kewl dude

Once upon a time I owned a 35 ft Cheoy Lee sloop drawing six feet. Even though I was a Marine Engineer when I was out there recreational sailing around the big guys I believed in the Tonnage Rule. In a channel or not I always made my intentions clear with 90 degree turns that I would pass astern of ships.

"Watching them manoeuvre is painfull but the number now going astern down large marina aisles is frightening and as unseamanlike as you can get."

Why? When I took sailing lessons on 25 foot Catalina's circa 1990s this maneuver was taught, my single screw sloop would go astern straight as an arrow under power with little rudder correction needed. Standing at the helm in the stern provided much better views of where I was going versus looking forward over the bow.

We also had to sail down fairways into Marina slips. Then sail out.

Greg Hayden


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## 5036

Going astern has the rudder unbalanced, it is generally designed to be self centering. Losing a grip of the wheel or a failure of the steering gear causes the vessel to lurch into the vessels berthed either side of the aisle with little or no chance of stopping. I have seen it twice, once where a fully certificated "Yachtmaster" showboating to his mates at speed lost his grip. Bang! The second was steering failure where the helm was able to stop the vessel with full power ahead but was really lucky.

There was no need to be going astern in either case, a turn could easily have been executed at the berth, instead they chose to showboat astern. Crazy.


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## Robin Craythorn

Traffic separation lanes are not fairways and the normal rule of the road for vessels transiting them or crossing them still apply.
The Separation lanes are designed to give routing for ships proceeding to or outward from congested or busy sea area's and keep large ships away from land or dangers where in the event of a problem they could present an enviroment or pollution problem.


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## Pilot mac

The collision between a yacht and tanker in the Solent, August 2011 during Cowes week has just been in court. Yacht 'Master' fined £3000 and costs awarded against him at over £100,000. 

regards
Dave


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## Leratty

Klaatu83, unfortunately I suggest you are correct & many can not read a chart even one for a fine harbour it is scary. 
Nav post 12, we have been on vessels yachts as well as motor of 40'+ where the owner has not had any or very limited time on a boat let alone commanded one, yet they often have all the certification you could wish in some cases but importantly zero real sea time-experience. More than once when in the Pacific Islands we came across boats that would row over to us seeking the most rudimentary guidance or assistance, from vessel adrift due to poor-inadequate anchoring, navigation (most no charts just GPS) through to clearing their bilges, or water in fuel lines. One or two asking us to change riding light light bulbs, seriously!!!! Often with no thanks. Their sailing collective knowledge slim yet they had got from say Nth America or Aus to Solomon's happily admitting they had not sailed deep sea, or even smooth water before their trip seeming quite proud of it. So rules to them would be not something on their priority list. 
Kewel dude we had a old timer 50'where the prop was set to the stb side of the rudder. She was a serious handful entering or leaving a marina or tight spot you seriously never knew what she would do if going astern, made for some interesting times. Wonder what someone on the dock thought not knowing....):


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## 5036

The other side of the coin:

http://gcaptain.com/investigation-faults-human-error-in-washington-state-ferry-collision-with-yacht/


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## dunsteaming

small keeps out of the way of big at all times


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## skipni

I would advise any small craft to keep clear of larger vessels. I have noted over recent years, if it is not attached to a PC with a colourful LED screen, with lots of flashing lights and alarms, junior navigational officers are not interested. They seem to be very shocked when I try to train them in the most useful combination of equipment on the bridge. The mark 1 eyeball and a pair of binoculars.


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## Leratty

Skipini, you would think that even to a novice it would be plain common sense to keep well out of the way of large or small ships, whether at sea or worse in a harbour-seaway though the often do not. 
When we were cruising we always had a lookout & our strobe flashing at the mast head from dusk to dawn at sea, + our radar set for anything coming within 30nm setting off the alarm. We had quite a few ships pass close, say 2-5nm to us at night though we were sure they were aware of us. Never once did we have to light up our deck lights or flash the spotlight on our sails.
It beggars belief that any small boat operator would need to read a book such as this to advise them it was prudent to keep well clear of shipping, especially now days when many do not post a look out or have anyone viewing from the bridge..


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## Uricanejack

nav said:


> Going astern has the rudder unbalanced, it is generally designed to be self centering. Losing a grip of the wheel or a failure of the steering gear causes the vessel to lurch into the vessels berthed either side of the aisle with little or no chance of stopping. I have seen it twice, once where a fully certificated "Yachtmaster" showboating to his mates at speed lost his grip. Bang! The second was steering failure where the helm was able to stop the vessel with full power ahead but was really lucky.
> 
> There was no need to be going astern in either case, a turn could easily have been executed at the berth, instead they chose to showboat astern. Crazy.


yeah. What's it got to do with rule 10?


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## Uricanejack

The original question was about rule 10 and TSS.

Back in the day when I was current with Le Manch and other TSS.
The Not Impede the passage was a bit to complicated a concept for many small boats sail or power. 

The idea was they were not supposed to get into a close quarters situation (in the way) in the first place. However once they did and there was a close quarters situation developing it was still our responsibility as a give way vessel to keep clear.

I always assumed they would do something daft and get in the way. So I would take action as required to avoid them and never allow one to get so close I couldn’t.
When the small boats kept out of the way I took it as a pleasant surprise. 
In any event I keep out the way.

With sail boats you never know when they might suddenly decide to tack. 
Small vessels often don’t appreciate the scale a large ship operates on and as a result don‘t perceive the danger in crossing ahead of one.

I alter once then resort to the whistle. In any event I do what I have to do.

I still work in narrow channels, Fairways and a TSS or two. I still use the same approach assume the worst and hope for the best. 

Oddly I believe modern tech has reduced rather than improved safety at sea in this regard. 
In the past there would be very few if any small vessels venturing out in fog especially crossing TSS or transiting narrow channels.
With the advent of GPS I encounter many more and have had close call with much more often usually some clown in a power boat belting along at full tilt in fog with no clue he is any where near other traffic.
Even though they might have a small RADAR or AIS many don’t know how to use it properly.

In the end its all about keeping a good, proper and effective lookout and taking action in sufficient time.

I’ve had close call with small vessels of many different types on to many occasions to count.

Touch wood in 30 odd years I have not killed any one yet. 

As for the Solent collision I have a very low opinion of the actions of the bridge crew and the two pilots.
No communication between bridge crew and pilots.
Piss poor look out not reporting the approaching yacht.
No discussion between pilots and bridge crew. About broken down vessel.
No mentions of radar plotting.

Totally complacent and assumed they would all keep out of the way.

Can’t slow down Bull ****. They left it to late.

Reduce speed, you need to turn a big ship tight reduce speed let way come off, increase power and lots of rudder, she will make the turn, especially when you have an escort tug to assist.


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## Alan Parsons

There are a number of scenarios within this post, the zero to hero, the yacht owner who, as has been identified starts his sailing career with a 40' or 50' yacht and an ego to match and those who race yachts and leave their common sense in the yacht club bar. 

I had a boatmans licence at the age of 16 and skippered tripper boats from that age with 50 plus passengers, sailed my own yachts beginning with a 20 footer and gradually building up to a 40 footer, and eventually got a Yachtmasters ticket, but the basis of it all was a great deal of sea time and practical experience. I'm afraid that other than a bunch of certificates I didn't learn much from studying for my Yachtmasters that I hadn't already picked up from many years of practical experience and listening to what older and wiser seamen taught me. 

Anybody who gets remotely close to a merchant ship when sailing a small craft is a fool. I shall never forget an old coaster skipper telling me to keep away from all merchant vessels, assume you haven't been seen because you probably haven't been. You only have to read the MAIB reports and see the number of 'incidents' where small ships have run aground to realise that for what ever reason watchkeepers are alone in a nice warm heated bridge and fall asleep. Anybody who runs their ship aground can also just as easily run a small yacht down. TSS zones are not the place for small yachts and if at all possible should be avoided, if not you need a very strong crew, fair weather and an impeccable lookout both visual and electronic. It is for that reason alone that I would never undertake a crossing of the English Channel without a crew of at least 4 all of whom would have to be experienced, fit, not fatigued and why on my yachts drinking at sea or in the 12 hours prior to sailing was forbidden.

I am afraid that now that cheap electronic aids to navigation are available basic seamanship is ignored by many amateurs for whom the whole business of being at sea seems very much like playing a computer game. Those of us who started when even Decca (remember that?) was not available to small craft had a very different outlook to the whole business of going to sea. Apart from the Mk. 1 eyeball all we had was RDF and that wasn't too good in a small yacht. Rant over!!


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