Lesson 23: International and Inland Rules of the Road USS Arthur W. Radford CASE STUDY Introduction: Two weeks ago (2340, 4 Feb 99) the USS Radford(DD968) was involved in significant collision at sea. Background: Radford - at sea conducting communications tests 17.5 East of Cape Henry. Ship was driving precise 1nm circles, turning around an electronic buoy during a delicate instrument calibration test. Possible lack of SA by Radford watchstanders Continuous course changes may have prevented actuation of collision avoidance alarms on the merchant Scheduled to deploy in late March (TRBATGRU) Saudi Riyadh - 657 ft Roll-on/Roll-off container ship Proceeding to RDVU with pilot for transit to Baltimore. Approached entrance to Chesapeake Bay from NE at 18kts 3rd Mate only person on the bridge Weather: NE winds at 25 kts, four-foot seas Lesson 23: International and Inland Rules of the Road

USCG Collision Video USS Radford M/V Saudi Riyadh Damage: (angle of collision 70 degrees) USS Radford Open pie-shaped gash running from its deck to its waterline Five-inch gun was bent and nearly toppled Forward VLS launcher damaged (Tomahawk) Keel was knocked out of alignment more than two feet Saudi Riyadh Wide, saw-like gash running along both sides of its bow 30-40 ft long, 4 foot high gash on both sides of its bow It is believed that the merchant ship may have dragged the destroyer a mile before the ships untangled. Injuries: USS Radford - one sailor with a broken arm USS Radford M/V Saudi Riyadh

USS Arthur W. Radford Crew: 350 Damage: $65M (at least) M/V Saudi Riyadh Owner: National Shipping Company of Saudi Arabia Crew: 21 Investigation Separate investigations by the Navy and the NTSB are currently underway. Results are expected in 6-9 months. No USCG investigation as this event occurred in international waters

USS Arthur W. Radford Damage Assessment

Damage: (angle of collision 70 degrees) USS Radford Open pie-shaped gash running from its deck to its waterline Five-inch gun was bent and nearly toppled Forward VLS launcher damaged (Tomahawk) Keel was knocked out of alignment more than two feet Saudi Riyadh Wide, saw-like gash running along both sides of its bow 30-40 ft long, 4 foot high gash on both sides of its bow It is believed that the merchant ship may have dragged the destroyer a mile before the ships untangled. Injuries: USS Radford - one sailor with a broken arm

Damage: (angle of collision 70 degrees) USS Radford Open pie-shaped gash running from its deck to its waterline Five-inch gun was bent and nearly toppled Forward VLS launcher damaged (Tomahawk) Keel was knocked out of alignment more than two feet Saudi Riyadh Wide, saw-like gash running along both sides of its bow 30-40 ft long, 4 foot high gash on both sides of its bow It is believed that the merchant ship may have dragged the destroyer a mile before the ships untangled. Injuries: USS Radford - one sailor with a broken arm

Lesson 23: Purpose of Scope of the Rules of the Road AGENDA: Purpose and Scope Principles of Maritime Law Rule #2 Responsibility Rule #3 General Definitions Applicable reading: USCG pp. 1-11. The most important thing to remember about the rules of the road is what they don’t do: the rules are not intended to be used to determine blame after a collision has occurred. They are intended to prevent the collisions in the first place. Hence their full name: Regulations for the Avoidance of Collisions at Sea How? = The rules are designed to state who should take action first to avoid a collision. They also establish ways for sailors who speak hundreds of different languages to speak to each other. In 1940, Captain Raymond Farwell said that “the rules, if implicitly obeyed, are practically collision-proof.”

Purpose and Scope of the Rules of the Road Basis: 1972 COLREGS (International) 1980 Navigation Rules Act (Inland) Principles: 1. Nav Rules apply based upon a vessel’s location 2. Nav Rules have the force of law 3. Obedience must be timely and positive 4. Nav Rules apply to all vessels History: Prior to the rules, each country had its own rules International Maritime Organization (IMO) Met in 1972 with representatives from 52 nations International Regulations for the Prevention of Collisions at Sea (COLREGS) Principles: 1. NavRules apply based upon a vessel’s location COLREGS line of demarcation  territorial waters National/International Rules 2. NavRules have the force of law, they are mandatory Issue of Jurisdiction - US Federal Court 3. Obedience must be timely and positive Incremental course changes 4. NavRules apply to all vessels every description of watercraft Navy and Coast Guard vessels also fall under the Rules Contrast with” The king can do no wrong” theory

Principles of Maritime (Admiralty) Law Jurisdiction: State Courts (U.S. Inland Rules) U.S. Federal District Court Foreign Courts Principles: Personality of a Vessel Comparative Negligence Limited Liability Legal Personality of a Vessel In a collision, the vessel at fault is arrested (in rem) Owners must pay a bond (lien) to get the vessel back Naval vessels cannot be confiscated, the government can be sued instead Comparative Negligence Limited Liability Maritime Law generally limits the value of admiralty claims to the value of the ship, its cargo, and tackle at the time of the accident. USS Radford Case Justice Department has filed claim in US District Court saying that the cargo ship’s “fault and negligence” that caused the accident US District Judge Henry C. Morgan, Jr. has issued a warrant ordering the arrest the Saudi Arabian ship. The owners of the cargo ship have also filed court papers saying that the Radford “suddenly and without warning altered course to port and crossed the merchant’s bow at a 90-degree angle. Limited Liability - the merchant’s owners say they can’t possible be liable for the $65 M in damages as their vessel and cargo is only valued at $7.3 M. The shipping company has also filed papers to prevent case from being retried elsewhere.

Rule 2: Responsibility General Prudential Rule: the mariner is responsible not only for complying with the Rules but also for avoiding a collision. Compliance is not enough Special Situations In extremis situations The rules must be obeyed, but they must not be blindly obeyed at the expense of good seamanship. The rules give you no excuse for hitting someone. Rule of Good Seamanship General Prudential Rule Special Situations Rules don’t cover every possible scenario: Ships operating in reverse (TR and LTG collision) Ships that are adrift There is no comprehensive list of IF…THEN’s In Extremis Literally: “at the point of death” or collision imminent Collision can be avoided only by action of both vessels It means one or both of the vessels failed to take the 1st line of preventive measures.

Rule 3: General Definitions Vessel Power driven vessel Sailing vessel Give-way vessel Stand-on vessel Underway Making way Not making way Special Conditions Vessel engaged in fishing Not under command Restricted in ability to maneuver Constrained by draft Vessel - every description of watercraft (non-displacement craft, seaplanes) that are used or capable of being used as a means of transportation. Inner-tubes - no; sailboards - yes human/animal powered vessels are not covered under the rules - use Rule #2 (Good seamanship) - still don’t hit them Power- driven vessel - any vessel propelled by machinery Sailing vessel - any vessel under sail (not using engines for propulsion) See ROR for remaining definitions.