is a stand-on vessel (Art. 73; COLREG Rule 15). In a head-on situation, both vessels
should avoid the opposing vessel by turning to starboard side (Art. 72; COLREG
Rule 14). In an overtaking situation, the overtaking vessel should avoid the overtaken vessel (Art. 171; COLREG Rule 13). The give-way vessel shall keep out of the
way of the stand-on vessel while the stand-on vessel shall keep her course and speed.
When the stand-on vessel finds herself so close that collision cannot be avoided by
the action of the give-way vessel alone, she shall take such action as will best aid to
avoid collision. (Arts. 173, 174, 175; COLREGS Rule 15, 16, 17). Accordingly,
when a collision occurs, the give-way vessel is likely to be held more responsible for
the collision than the stand-on vessel.
There are many different kinds of vessels at sea in terms of maneuvering ability
such as a general power-driven vessel, a fishing trawler vessel, a vessel at anchor or a
vessel using a sea anchor. An anchored vessel is unable to move without heaving its
anchor and thus cannot be expected to take any action to avoid colliding with another
vessel. The KSSA and COLREG include rules of priority in accordance with the
ability of a vessel to move and keep out of the way of another vessel or vessels. The
priority order is (1) vessel not under command (NUC); (2) vessel restricted in her
maneuvering ability; (3) vessel engaged in fishing; (4) sailing ship; and (5) a general
power-driven vessel. Under this rule of priority, a general power-driven vessel must
avoid an NUC vessel even if it has the status of a stand-on vessel under the general
rule. This rule is applicable for vessels in sight of one another (Art. 76; COLREG
Rule18).
3.3.2 Rules Applicable in Restricted Visibility
If visibility becomes restricted due to fog or heavy rain, the collision rules applicable
for good visibility are no longer applicable and special rules come into application.
In such a case, both vessels must avoid the other by reducing speed (Art. 77;
COLREG Rule 19). The starboard hand rule (port to port passage) means that
where a vessel has an approaching vessel on its starboard side is the give-way
vessel. It must keep out of the way of the other approaching vessel. This rule
naturally leads to a “port to port” passage even though this not specifically mentioned in the relevant Rule in the COLREG which simply provides that “the vessel
which has the other on her own starboard side shall keep out of the way”. If a vessel
which has the other on her starboard side turns to starboard keeping a safe distance,
both vessels will pass port to port. Port to port passage is a very important principle
of navigation; it is a fundamental rule adopted in the KSSA, and by implication in the
COLREG on the basis of another fundamental principle, namely, the “ordinary
practice of seamen”.
380
I. H. Kim
should avoid the opposing vessel by turning to starboard side (Art. 72; COLREG
Rule 14). In an overtaking situation, the overtaking vessel should avoid the overtaken vessel (Art. 171; COLREG Rule 13). The give-way vessel shall keep out of the
way of the stand-on vessel while the stand-on vessel shall keep her course and speed.
When the stand-on vessel finds herself so close that collision cannot be avoided by
the action of the give-way vessel alone, she shall take such action as will best aid to
avoid collision. (Arts. 173, 174, 175; COLREGS Rule 15, 16, 17). Accordingly,
when a collision occurs, the give-way vessel is likely to be held more responsible for
the collision than the stand-on vessel.
There are many different kinds of vessels at sea in terms of maneuvering ability
such as a general power-driven vessel, a fishing trawler vessel, a vessel at anchor or a
vessel using a sea anchor. An anchored vessel is unable to move without heaving its
anchor and thus cannot be expected to take any action to avoid colliding with another
vessel. The KSSA and COLREG include rules of priority in accordance with the
ability of a vessel to move and keep out of the way of another vessel or vessels. The
priority order is (1) vessel not under command (NUC); (2) vessel restricted in her
maneuvering ability; (3) vessel engaged in fishing; (4) sailing ship; and (5) a general
power-driven vessel. Under this rule of priority, a general power-driven vessel must
avoid an NUC vessel even if it has the status of a stand-on vessel under the general
rule. This rule is applicable for vessels in sight of one another (Art. 76; COLREG
Rule18).
3.3.2 Rules Applicable in Restricted Visibility
If visibility becomes restricted due to fog or heavy rain, the collision rules applicable
for good visibility are no longer applicable and special rules come into application.
In such a case, both vessels must avoid the other by reducing speed (Art. 77;
COLREG Rule 19). The starboard hand rule (port to port passage) means that
where a vessel has an approaching vessel on its starboard side is the give-way
vessel. It must keep out of the way of the other approaching vessel. This rule
naturally leads to a “port to port” passage even though this not specifically mentioned in the relevant Rule in the COLREG which simply provides that “the vessel
which has the other on her own starboard side shall keep out of the way”. If a vessel
which has the other on her starboard side turns to starboard keeping a safe distance,
both vessels will pass port to port. Port to port passage is a very important principle
of navigation; it is a fundamental rule adopted in the KSSA, and by implication in the
COLREG on the basis of another fundamental principle, namely, the “ordinary
practice of seamen”.
380
I. H. Kim