200444 Rules 10(j) and 8(f)

Rules 10(j) and 8(f)
MARS Report 200444

I had a recent example of interpreting the COLREGS in reality. Own vessel, a small class VI Passenger Vessel under 20m, on a passage requiring the crossing of the Lands End TSS. A crossing in this area for a small vessel is never to be taken lightly and, I hasten to add, that my crew and I were taking a boatman's holiday, not a commercial voyage.

With a weather window fair for 12 hours and a slight sea, we considered it might just be possible to reach our home port in that time. On clearing the Eastern Isles, with three to four hours to run before closing with the Cornish Coast, we observed a small container vessel southbound in the Lands End TSS. Here I must confess, that I had no knowledge of rule 8(f), the last time I bought a copy of the COLREGS, rule 8 only went up to 8(e).

Even at our speed of 7 knots, it did not take long to see that a risk of collision was developing with the container vessel bearing down on our port bow, judged to be 4 to 5 miles away. I assessed the situation under rule 10(j), that, with no other vessel in sight and no navigational hazard that might affect either the container vessel or myself, I should stand on as I was not impeding her SAFE passage. When the distance between us closed to approximately one mile, my mental arithmetic was going into overdrive calculating the container vessel's speed of advance at 15 knots, and just how far I could move in 60 seconds! Would taking a round turn to starboard really put me out of harm's way? What if the ship had already put starboard wheel on and I too turned to starboard? As it was the container vessel at one mile altered course to starboard and passed 3 to 4 cables astern of me. Thank you - whoever you were.

The point that I would like to make is: even if I had knowledge of rule 8(f), just what action could/should I have taken? Rule 10(j), requires the vessel under 20m to make judgement on what is a 'safe passage' (as opposed to 'passage') for the vessel following a TSS, in order to determine whether it is the stand-on or give-way vessel. That is a judgement that should not be put upon a small vessel, almost certainly without the experience or qualification of an Officer on a large ship. Would it not be better to remove the word 'safe' and so firmly make the vessel under 20m the give way vessel?