1. 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 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

2. 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

3. 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

4. USS Arthur W. Radford Damage Assessment

5. 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

6. 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

7. 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
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.”

8. 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

9. 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.

10. 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.

11. 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.