3.3.3 Rules in Any Condition of Visibility
Rules for Narrow Channels (Art. 67; COLREGS Rule 9) and Traffic Separation
Schemes (Art. 68; COLREGS Rule 10) are two important ones which fall within the
set of Rules applicable for any condition of the visibility. The Korean government
incorporated the Special Traffic Safety Area scheme in the KSSA. According to Art.
10, the special areas were designated in the Pusan, Incheon and Yeosu areas. Vessels
navigating in these areas must follow only the designated lane. Vessels engaged in
fishing in these areas must not impede the passage of a vessel following the
designated lane.
3.4 The Open Port Ordinance Act
The Korean government adopted a local rule for safe navigation within the open port
area. The Korean Open Port Ordinance Act (hereinafter “KOPOA”) has the nature of
a special law in conjunction with the collision avoidance rules in the KSSA. The
rules in KOPOA prevail over rules in KSSA. Thus, where vessel (A) entering a port
meets vessel (B) departing the port, vessel A must give way to the vessel B,
regardless of the rules in the KSSA, that is, even if vessel A has the right of way
as a stand-on vessel under the KSSA or COLREG. It is understood that the collision
avoidance rules in the KOPOA are applicable in any condition of visibility.
3
4 Current Issues in Korean Collision Avoiding Rules
4.1 Ordinary Seamanship
The KSSA did not have a provision so-called “good seamanship” or “ordinary
practice of seamen”, as provided in Rule 2(a) of the COLREGS. This provision
states that “the master shall not be exonerated from the consequences of the neglect
of any precaution which may be required by the ordinary practice of seaman, or by
the special circumstances of the case”. In the situation of a general power-driven
vessel meeting a vessel at anchor, there is no specific rule applicable under the
COLREG except that Rule 2(a) would apply in such instances. The KSSA did not
have any provision regarding the ordinary seamanship principle and thus the KMST
borrowed Rule 2(a) of the COLREGS for the application of navigation rules to the
case. The 2009 revised KMSTA incorporated the principle in Art. 39 bis (currently
Art. 96) and thus it became synchronized with the COLREGS in this respect. The
3 However, a former umpire rejects this view and argues that the rule should be applied to only to the
collision case in sight of one another.
Korean Collision Avoidance Rules and Apportionment of Liability
381
Rules for Narrow Channels (Art. 67; COLREGS Rule 9) and Traffic Separation
Schemes (Art. 68; COLREGS Rule 10) are two important ones which fall within the
set of Rules applicable for any condition of the visibility. The Korean government
incorporated the Special Traffic Safety Area scheme in the KSSA. According to Art.
10, the special areas were designated in the Pusan, Incheon and Yeosu areas. Vessels
navigating in these areas must follow only the designated lane. Vessels engaged in
fishing in these areas must not impede the passage of a vessel following the
designated lane.
3.4 The Open Port Ordinance Act
The Korean government adopted a local rule for safe navigation within the open port
area. The Korean Open Port Ordinance Act (hereinafter “KOPOA”) has the nature of
a special law in conjunction with the collision avoidance rules in the KSSA. The
rules in KOPOA prevail over rules in KSSA. Thus, where vessel (A) entering a port
meets vessel (B) departing the port, vessel A must give way to the vessel B,
regardless of the rules in the KSSA, that is, even if vessel A has the right of way
as a stand-on vessel under the KSSA or COLREG. It is understood that the collision
avoidance rules in the KOPOA are applicable in any condition of visibility.
3
4 Current Issues in Korean Collision Avoiding Rules
4.1 Ordinary Seamanship
The KSSA did not have a provision so-called “good seamanship” or “ordinary
practice of seamen”, as provided in Rule 2(a) of the COLREGS. This provision
states that “the master shall not be exonerated from the consequences of the neglect
of any precaution which may be required by the ordinary practice of seaman, or by
the special circumstances of the case”. In the situation of a general power-driven
vessel meeting a vessel at anchor, there is no specific rule applicable under the
COLREG except that Rule 2(a) would apply in such instances. The KSSA did not
have any provision regarding the ordinary seamanship principle and thus the KMST
borrowed Rule 2(a) of the COLREGS for the application of navigation rules to the
case. The 2009 revised KMSTA incorporated the principle in Art. 39 bis (currently
Art. 96) and thus it became synchronized with the COLREGS in this respect. The
3 However, a former umpire rejects this view and argues that the rule should be applied to only to the
collision case in sight of one another.
Korean Collision Avoidance Rules and Apportionment of Liability
381