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  1. #81
    Join Date
    Nov 2009
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    Default Re: What would you have done?

    Quote Originally Posted by scotty123 View Post
    He has already admitted he didn't have one hoisted, the fact that "I am not aware", is not relevant either.
    He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

    "I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes.

    Richard

  2. #82
    Join Date
    Feb 2006
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    2,836

    Default Re: What would you have done?

    Quote Originally Posted by RichardS View Post
    I am the forum legal expert on all such matter so what I say goes.

    Richard
    RESPECT

  3. #83
    Join Date
    Feb 2007
    Location
    West London
    Posts
    2,636

    Default Re: What would you have done?

    Quote Originally Posted by RichardS View Post
    He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

    "I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes.

    Richard
    Expert in Maritime Law?
    So in poor viz, you are bouncing along at 25knts & see something with a sail in front.
    Which way is it heading?
    Last edited by scotty123; 17-08-19 at 11:20.

  4. #84
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    Nov 2009
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    Default Re: What would you have done?

    Quote Originally Posted by scotty123 View Post
    Expert in Maritime Law?
    So in poor viz, you are bouncing along at 25knts & see something with a sail in front.
    Which way is it heading?
    Now that's an interesting question because, in real world situations, there have only ever been two scenarios raised on the forum which are not specifically addressed by the writers of ColRegs, and should be. Modesty forbids me to mention who discovered these maritime equivalents to "The West Lothian Question".

    One concerns the heading to be taken across the central separation zone of a TSS and the other concerns the status of a vessel sailing under backed foresail only. The immediate question is, therefore, whether the sailing vessel in your question is sailing under backed headsail only. If it is, it's probably heading home.

    Richard

  5. #85
    Join Date
    Jan 2005
    Location
    Me Edinburgh, boat JWD
    Posts
    5,115

    Default Re: What would you have done?

    Quote Originally Posted by RichardS View Post
    "Even then he (the OP) was stand on vessel" so if there had been a collision the motor vessel would be 100% liable for not "giving way" under that section of ColRegs. No Catch 22, surely?

    Richard
    Nope! "Give way" has obligations too.

  6. #86
    Join Date
    Mar 2007
    Location
    Atlantic
    Posts
    20,925

    Default Re: What would you have done?

    Quote Originally Posted by RichardS View Post
    He could have hoisted a cone, or not, or hoisted ladies frillies, or not .... it's entirely irrelevant to the status of the motor vessel as "give way".

    "I am not aware" is totally relevant as I am the forum legal expert on all such matter so what I say goes.

    Richard
    Yes well qualified.

    An Ex is a has been.

    A 'spert' is a drip under pressure.


  7. #87
    Join Date
    Nov 2002
    Location
    Boat - Clyde, Home - Overlooking the Tamar
    Posts
    4,081

    Default Re: What would you have done?

    Quote Originally Posted by awol View Post
    Nope! "Give way" has obligations too.
    Do you mean “Stand On” has obligations too?

  8. #88
    Join Date
    Nov 2009
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    19,805

    Default Re: What would you have done?

    Quote Originally Posted by capnsensible View Post
    An Ex is a has been.

    A 'spert' is a drip under pressure.

    Wowser Captain ... did you think of that yourself?

    Richard

  9. #89
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    Nov 2009
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    Default Re: What would you have done?

    Quote Originally Posted by awol View Post
    Nope! "Give way" has obligations too.
    Yep. In the two vessel situation described by Robih, "give way" also has the obligation to errrrr ..... give way.

    Richard

  10. #90
    Join Date
    Nov 2009
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    Default Re: What would you have done?

    Quote Originally Posted by Resolution View Post
    RESPECT


    Richard

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