a vessel at anchor is not absolutely exonerated from liability because of the imposition of the above-mentioned duties on it.
4.4 Tug-barge
There are many tug-barges carrying sand, navigating along the Korean coast. The
KMST does not admit the status of “vessel restricted in her ability to maneuver” to
tug-barges (The Central KMST Docket No. 97-26, 98-17).
9 The typical case is the
combination of tug (200 tons) and barge (2000 tons) with a 200-metre tug line. It is
because tug-barges are not engaged in a towing operation that is severely restricted
in their ability to deviate from their course, that this status is not afforded. However,
in the tugboat Hyundai No. 7 case, the Korean Supreme Court gave priority to the
tug-barge in a collision case within a narrow channel (Korean Supreme Court case
2005.9.28., Docket No. 2004chu65). The Court held that the tug Hyundai No. 7 had
the status of a vessel restricted in her ability to maneuver in the narrow channel. In
this case, the tugboat Hyundai (87 tons) was towing the barge Hyundai No. 8 (1026
tons) with a towing line of 200 m. In the opinion of the present author, this Korean
Supreme Court judgment should be interpreted in a very limited way because the
collision occurred in a narrow channel rather than in the open sea.
4.5 Danger of Collision
In the COLREGS, “danger of collision” is a required ingredient for the collision
avoidance rules to be applied in the crossing and head-on situations. However, there
is no such wording in the case of an overtaking situation. One view is that the danger
of collision is required in order to apply the overtaking rule just like in cases
involving the crossing and head-on situations. The other view is that the overtaking
rule can be applied even though no danger of collision is involved where the
overtaking and overtaken vessels are approaching each other. If the former view is
adopted the overtaking rule is not easily applied; thus the overtaking vessel will be in
a more favorable position than if the latter view is adopted.
9 In the Tugboat Hyundai No. 108 case, the Hyundai No. 108 (368 tons) was towing the barge (6070
tons) with the towing line of 550 m. The Central KMST did not give any priority to the tug-barge
and applied the general rules to the case. Korean Marine Safety Tribunal Decision Report
(1999), p. 488.
Korean Collision Avoidance Rules and Apportionment of Liability
383
4.4 Tug-barge
There are many tug-barges carrying sand, navigating along the Korean coast. The
KMST does not admit the status of “vessel restricted in her ability to maneuver” to
tug-barges (The Central KMST Docket No. 97-26, 98-17).
9 The typical case is the
combination of tug (200 tons) and barge (2000 tons) with a 200-metre tug line. It is
because tug-barges are not engaged in a towing operation that is severely restricted
in their ability to deviate from their course, that this status is not afforded. However,
in the tugboat Hyundai No. 7 case, the Korean Supreme Court gave priority to the
tug-barge in a collision case within a narrow channel (Korean Supreme Court case
2005.9.28., Docket No. 2004chu65). The Court held that the tug Hyundai No. 7 had
the status of a vessel restricted in her ability to maneuver in the narrow channel. In
this case, the tugboat Hyundai (87 tons) was towing the barge Hyundai No. 8 (1026
tons) with a towing line of 200 m. In the opinion of the present author, this Korean
Supreme Court judgment should be interpreted in a very limited way because the
collision occurred in a narrow channel rather than in the open sea.
4.5 Danger of Collision
In the COLREGS, “danger of collision” is a required ingredient for the collision
avoidance rules to be applied in the crossing and head-on situations. However, there
is no such wording in the case of an overtaking situation. One view is that the danger
of collision is required in order to apply the overtaking rule just like in cases
involving the crossing and head-on situations. The other view is that the overtaking
rule can be applied even though no danger of collision is involved where the
overtaking and overtaken vessels are approaching each other. If the former view is
adopted the overtaking rule is not easily applied; thus the overtaking vessel will be in
a more favorable position than if the latter view is adopted.
9 In the Tugboat Hyundai No. 108 case, the Hyundai No. 108 (368 tons) was towing the barge (6070
tons) with the towing line of 550 m. The Central KMST did not give any priority to the tug-barge
and applied the general rules to the case. Korean Marine Safety Tribunal Decision Report
(1999), p. 488.
Korean Collision Avoidance Rules and Apportionment of Liability
383