Rules of the Road Question:

A sailing yacht under 12 m is not required to have the red over red lights, but always the normal navigation lights or an anchor light.

Then it is another question who is to blame for the accident, since you should have proper watch on the powerboat...

I think all fatal accidents has to be judged in court and there are two rules, on watch and safe speed, that may be tried...

I don't have my bible at hand but I do believe that it also says something about displaying a lantern in time to avoid a collision. And also no one has mentioned safe operating speed relative to the conditions, so in my mind both parties are at fault to some degree.

This is actually what I said in the two posts above... but apparently the powerboat guy has some support within the court..?

Sorry Lars I did not read your post carefully, but I think we have the same idea.

There is an almost identical case going through Truro Crown Court in Cornwall at the moment. This doesn't involve a sailboat but the circumstances are similar.

This link will take you to the BBC news video :-

http://www.bbc.co.uk/mediaselector/...0345.stm&news=1&bbwm=1&nbwm=1&bbram=1&nbram=1

Assuming that Rule 30 does apply which has been quoted, it never relives the vessel of it’s required obligation to display its proper navigation lights as a 12 meter sailboat. And also, assuming (and as required) both vessels are maintaining a proper watch and regardless of any displayed and or inoperative lights, the sail boater should have see the powerboat underway and making way, correct.

Lets refer to Rule 5 really quick “ Rule 5 - Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
The Sail Boat should have been aware of the power boaters collision course and should have sounded the danger doubt (5 short blasts) to avoid a collision and or use another means of safety devices to avoid the collision (i.e. flares, radio contact, etc.) Remember back to the beginning of the rules to the road again of a give – way vessel. Rule 17 always apples which is, “This Rule does not relieve the give-way vessel of her obligation to keep out of the way.”

This gives me a conclusion that both Captains are at fault with more liability on the sailboat! However, if you throw in the mix of the operator consuming alcohol beverages places him at total liability.

I look forward to follow up on this, but I can say that being in a drifting sailboat and give way to a speedboat approaching in the dark at 40 mph, is not the easiest thing...

pretty open and shut case as i see it.
If i were skippering the sailboat there are many many things he should have done....
1) have everyone on board keep an extra vigilant lookout
2) Pan Pan/all ships safety announcement on VHF
3) Have any visible lights on (torch/lantern)
4) Have flares ready
5) Have airhorn ready

Why was he flapping about without lights in the 1st place? Did he have engine? I guess not. All he has to do is shine a torch/lantern into the sails
The sailboat is required by law to show nav lights but not required to show vertical reds.
On the obvious facts i would say the sailboat skipper is fully at fault here but there are probably other contributing facts.

Right if Weigh

If it is shown in court that the power boat operator was not operating at reduced speed for the conditions during the collision, such as fog, rain, and yes, darkness, then the power boater's culpability is increased.

Yes, the sailboat was operating at night without lights and shares a degree of the fault. However, if the power vessel was operating at a reduced speed due to darkness, it can be assumed that he may have had just that much more time to avert the collision; which in the final arguement, was his responsibility under power gives way to under sail.

USCG VET

sailing vessels underway - navigation lights

COLREGS - this is straight forward !!!

RULE 25 - SAILING VESSELS UNDERWAY
(a) A sailing vessel underway shall exhibit
(i) side lights
(ii) stern lights

(d) If a sailing vessel is under 7 metres, she can have the option of having an electric torch, or lighted lantern showing a white light wich shall be exhibited in suficient time to prevent a collision.

27 feet = 8.22 m ( 27 x 0.3048m )

Therefore, COLREGS states a 27 ft vessel under sail shall have side lights, and a stern light.

If the person in charge of the sailing vessel thought she was NUC, then she would have running lights and NUC lights displayed

A Vessel restricted in ability to manouver MUST be a vessel at work hence the term in Rule 3 "g" - Definitions - a vessel which from the nature of her work is restricted in her ability to manouver.

The 27 foot yacht has failed to disply lights - she is at fault. I feel sorry for the driver of the speed boat, and the family of the person that had died.

Thanks Ozzidan, I read the latest posts on the forum following this accident, and it seems as the nav lights were ON. Eye witnesses from land saw it but was excluded from the initial report until media stepped in. Now it is only the people in the powerboat that claims the lights were off, which is a little strange testimony. The accident must have happened because they didn´t see the sailboat at all?

Seems most on that other board want to find people guilty of the terrible offense known as powerboating.

As someone with experience at high speeds on water (118 mph max recorded speed), as well as running at night, to make the claim that 40 mph in a 24' boat as a blanket statement is clear ignorance on the part of the person making it.