200724 'Refusal' to alter course

Our three-masted barque of 586 GT was transiting the North Atlantic in gusty conditions at night, with wind ENE, four gusting five, clear night. The ship was under square sail up to topgallants with several foresails set, making approximately eight knots. Our status was set to ‘underway – sailing’ on the AIS and we were displaying sidelights, sternlights and red over green at the masthead. We detected by radar a vessel at a range of about 12 miles, about three points off the port bow, identified on AIS as a bulk carrier. Subsequent observation determined the CPA to be five cables ahead. As we were under sail, we stood on.

After a short time, it became obvious that the bulk carrier was taking no action. Our officer contacted her by radio and he was told by the bulk carrier's officer that he didn't intend to alter course, as he considered five cables a safe passing distance. On further enquiry, he stated that he had been ordered by his captain not to alter course.

We resolved the situation by coming as far round to starboard as we could. We felt quite strongly that five cables in mid-Atlantic was by no means a safe passing distance, especially given our lack of control over the ship's speed because of the gusty nature of the wind. The bulk carrier's officer showed a serious lack of appreciation of the constraints of a square-rigged sailing vessel.