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#1
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Mind if I try? Just talked to Shen and his AOL is typically screwing up
and he can't read any newsgroups. Simple Simon wrote: Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? I would disagree (but you expected that). I would hoist NUC. Sailing wise, sails up or down, he is incapable of maneuvering since he is becalmed. However, since he has an engine,(and assuming it's available to be used) he should be ready to turn off these lights and light himself as a powerdriven vessel, if the need arises and he is capable of immediately starting and using that engine, but he prefers to be a traditionalist and use sail only when possible. Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? A powerdriven vessel, underway (as long as the engine is capable of immediate maneuver) I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. See above What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon Will be interested in seeing this "trap" otn |
#2
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I don't see any replies yet . . .
He he! I've got 'em on the run. I can see them now flipping thru the pages of the Rules, scratching their heads and muttering, "What's he up to? We gotta get this one right. He's already made us look bad on numerous occasions. We can't let him continue to make us look stupid. Etc. etc. Go ahead, gentlemen. Shake in your boots like Janet Reno on speed. I don't blame you one bit. S.Simon "Simple Simon" wrote in message ... Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon |
#3
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EG.....look before you leap
Simple Simon wrote: I don't see any replies yet . . . He he! I've got 'em on the run. I can see them now flipping thru the pages of the Rules, scratching their heads and muttering, "What's he up to? We gotta get this one right. He's already made us look bad on numerous occasions. We can't let him continue to make us look stupid. Etc. etc. Go ahead, gentlemen. Shake in your boots like Janet Reno on speed. I don't blame you one bit. S.Simon "Simple Simon" wrote in message ... Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon |
#4
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![]() "otnmbrd" wrote in message k.net... Mind if I try? Just talked to Shen and his AOL is typically screwing up and he can't read any newsgroups. Simple Simon wrote: Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? I would disagree (but you expected that). I would hoist NUC. Not under command means some failure of mechanical systems that means the vessel cannot maneuver. Lack of wind is not such a circumstance. No, I think even Jeff and Shen44 would agree with me that NUC is not applicable here Sailing wise, sails up or down, he is incapable of maneuvering since he is becalmed. However, since he has an engine,(and assuming it's available to be used) he should be ready to turn off these lights and light himself as a powerdriven vessel, if the need arises and he is capable of immediately starting and using that engine, but he prefers to be a traditionalist and use sail only when possible. I would agree with you here. I recall there is a rule that in restricted vis. a vessel should have her engine ready for emergency use. I suppose it would be prudent and seamanlike to have it ready to go even if visibility was not resticted. Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? A powerdriven vessel, underway (as long as the engine is capable of immediate maneuver) I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. See above What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon Will be interested in seeing this "trap" otn You will see it when the jaws slam shut on your buddies. (If they give the wrong answers) Part of the trap is at least one of my opinions above is a ruse to lead them astray. S.Simon |
#5
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![]() Simple Simon wrote: "otnmbrd" wrote in message k.net... Mind if I try? Just talked to Shen and his AOL is typically screwing up and he can't read any newsgroups. Simple Simon wrote: Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? I would disagree (but you expected that). I would hoist NUC. Not under command means some failure of mechanical systems that means the vessel cannot maneuver. Lack of wind is not such a circumstance. No, I think even Jeff and Shen44 would agree with me that NUC is not applicable here Suggest you re-read what NUC means. Sailing wise, sails up or down, he is incapable of maneuvering since he is becalmed. However, since he has an engine,(and assuming it's available to be used) he should be ready to turn off these lights and light himself as a powerdriven vessel, if the need arises and he is capable of immediately starting and using that engine, but he prefers to be a traditionalist and use sail only when possible. I would agree with you here. I recall there is a rule that in restricted vis. a vessel should have her engine ready for emergency use. I suppose it would be prudent and seamanlike to have it ready to go even if visibility was not resticted. LOL...You really don't know the rules, do you? Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? First off, "not making way" is basically immaterial. However, I just noticed that the jib is a "wind-up", which means it "may" be available for immediate use. In this case, the boat could leave it's lights for powerdriven, on,(if the engine was immediately available) but if he decides to use the jib then he would have to change to "sail" A powerdriven vessel, underway (as long as the engine is capable of immediate maneuver) I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. See above What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon Will be interested in seeing this "trap" otn You will see it when the jaws slam shut on your buddies. (If they give the wrong answers) Part of the trap is at least one of my opinions above is a ruse to lead them astray. S.Simon ROFL |
#6
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I'm not sure I want to play this game since you've already said you have laid a trap for
us. However, I'll toss out a few thoughts. First of all, you've posed two essentially identical situations that have different histories. You claim that the appropriate lights are based on what transpired at some point in the distant past. I don't think that is an appropriate basis for answering the question "which lights should be used?" I'm not saying the one is right and the other is wrong, I saying that if one, or the other, lights are OK they would be OK for either case. It is not clear to be that there is a hard and fast answer. Before I get into that, let me point out that there are a number of situations explicitly not covered in the rules. An infinite number, actually, when you consider that there is virtually no mention of the possibility of more than two vessels. Further, there are a variety of craft not discussed - where to row boats fit in the pecking order? Other vague issues - is a disabled boat a NUC if it isn't displaying NUC signals? What if it displays obvious signs that it is disabled? How does moving astern alter the rules? I've wondered about the issue of sidelights - is it proper to have red/green lights if you're drifting randomly? These issues, and all others not explicitly covered in other rules, fall under Rule 2. It is the responsibility of the various vessels to figure it out and act in a prudent manner. But back to the specific case. Is a sailboat with the sails furled still a sailboat? Technically no, because it is not "under sail." Is it a powerboat? Maybe, if it does have an engine. As an aside, a sailboat must start the engine if the circumstances requires it. Is it row boat? Maybe - Canadian Law requires, IIRC, a means of alternative propulsion. What about a sailboat making way under bare poles - is that sailing? I don't think a becalmed aux sailboat can claim to be a NUC, since it could comply with the rules if it turned on the engine. Further, being becalmed is a natural part of sailing. But this gets into another subtlety - if you claim to be a NUC (mistakenly, but in good faith) is the other boat bound to honor that? Yes, but the courts haven't looked too kindly on this sort of thing. The point of this is that this is a grey area, that would probably really fall under Rule 2. Then, assuming that ended up in the courts, the standard becomes the "ordinary practice of seamen." So, what would I do in this case? I believe that its appropriate to look at this from the point of view of the other observer. When one sees a drift fishing powerboat, one presumes it is still capable of powering - there is not way to determine if the engine is on or off. Thus, it must act with that status. Likewise, when one sees a boat sailing, one must assume it is a sailboat, unless it quite obviously is really powering. So what if you see a sailboat with the sail down? I am inclined to think that the observer should not presume that a sailboat is really a powerboat because it can't see a sail. Maybe there is a sail, but at an angle where it can't be seen. Thus, the observer should treat it as a sailboat. Further, I don't think its appropriate for the sailboat to display the steaming light if its engine is not immediately available. By doing so the sailboat is saying, "I am prepared to act like a powerboat." If the engine is not warmed up, this is not the case. So I would have to say that the status of the boat should be "sailboat," even though its not under sail. The only real support for this position is that rowboats are allowed to display the same lights as a sailboat, implying that this is appropriate for boats that are not truly anything else. But there's a whole other side to this: is it appropriate for a sailboat to lower sails and drift, especially at night? I've done it during the day - especially at regattas waiting for a race to start, but never at night. Depending of course, on the location, this doesn't feel like it is proper seamanship - when I don't want to go anywhere, I anchor. Whenever I want to drift at night (July 4th comes to mind) I keep an engine running, and display the steaming light. So my bottom line answer has to be: its not proper to get into this situation, but if you must, don't display lights for a powerboat if you're not prepared to act like one. And at the end of the day, the judge will say either "that's what I would have done" or "what a Putz!" -- -jeff "Assumptions shall not be made on the basis of scanty information" ColRegs, Rule 7(c) P.S. What about sea anchors and heaving to? "Simple Simon" wrote in message ... Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon |
#7
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Good answers but not what I was looking for. You should
have gone to law school. You obfuscate better than you navigate. Here's the facts. (you should have been able to think of them for yourself) Fact 1) An auxiliary sailboat is always a sailboat unless and until the motor is turned on. Fact 2) An auxiliary sailboat is never wrong when running the lights required for a sailboat unless and until the motor is turned on. Fact3) An auxiliary sailboat can never legally be made to turn its engine on and become a motor boat. Fact 4) An auxiliary sailboat does not need to have installed the lights for a motor vessel unless and until it turns on the motor. Fact 5) Anybody who claims an auxiliary sailboat must have the lights of a motor vessel in addition to the masthead tricolor is clearly wrong considering the above facts. Now, here comes the kicker. Since an aux. sailboat is a sailboat until the motor is turned on the sailboat must sound the fog signal of a sailboat in restricted visibility provided the motor remains off. It just so happens that this sound signal is also that of a NUC, RAM, etc. This means that any motor vessel hearing the required signal knows that according to the Rules it shall take action early and adequately to avoid a close quarters situation. If a close quarters situation eventuates it is solely the motor vessel's fault for not fulfilling its obligations under the Rules. The sailboat has not violated any Rule to cause the close quarters situation. The motor vessel has. It follows that the motor vessel is the give way vessel because it must give way in restricted vis. to the audible signal of those vessels it knows are above it in the pecking order. You have tried to claim there is no pecking order in restricted vis. but there clearly is a pecking order because the motor vessel knows when it hears the sound signal of a sailboat, NUC, RAM etc. that a vessel is in the area with which the motor vessel must avoid a close quarters situation. There clearly IS a pecking order and hence there IS, by definition, a stand-on vessel and a give-way vessel in restricted vis. Case closed, you, Shen44 and otnmbrd lose! "Jeff Morris" jeffmo@NoSpam-sv-lokiDOTcom wrote in message ... I'm not sure I want to play this game since you've already said you have laid a trap for us. However, I'll toss out a few thoughts. First of all, you've posed two essentially identical situations that have different histories. You claim that the appropriate lights are based on what transpired at some point in the distant past. I don't think that is an appropriate basis for answering the question "which lights should be used?" I'm not saying the one is right and the other is wrong, I saying that if one, or the other, lights are OK they would be OK for either case. It is not clear to be that there is a hard and fast answer. Before I get into that, let me point out that there are a number of situations explicitly not covered in the rules. An infinite number, actually, when you consider that there is virtually no mention of the possibility of more than two vessels. Further, there are a variety of craft not discussed - where to row boats fit in the pecking order? Other vague issues - is a disabled boat a NUC if it isn't displaying NUC signals? What if it displays obvious signs that it is disabled? How does moving astern alter the rules? I've wondered about the issue of sidelights - is it proper to have red/green lights if you're drifting randomly? These issues, and all others not explicitly covered in other rules, fall under Rule 2. It is the responsibility of the various vessels to figure it out and act in a prudent manner. But back to the specific case. Is a sailboat with the sails furled still a sailboat? Technically no, because it is not "under sail." Is it a powerboat? Maybe, if it does have an engine. As an aside, a sailboat must start the engine if the circumstances requires it. Is it row boat? Maybe - Canadian Law requires, IIRC, a means of alternative propulsion. What about a sailboat making way under bare poles - is that sailing? I don't think a becalmed aux sailboat can claim to be a NUC, since it could comply with the rules if it turned on the engine. Further, being becalmed is a natural part of sailing. But this gets into another subtlety - if you claim to be a NUC (mistakenly, but in good faith) is the other boat bound to honor that? Yes, but the courts haven't looked too kindly on this sort of thing. The point of this is that this is a grey area, that would probably really fall under Rule 2. Then, assuming that ended up in the courts, the standard becomes the "ordinary practice of seamen." So, what would I do in this case? I believe that its appropriate to look at this from the point of view of the other observer. When one sees a drift fishing powerboat, one presumes it is still capable of powering - there is not way to determine if the engine is on or off. Thus, it must act with that status. Likewise, when one sees a boat sailing, one must assume it is a sailboat, unless it quite obviously is really powering. So what if you see a sailboat with the sail down? I am inclined to think that the observer should not presume that a sailboat is really a powerboat because it can't see a sail. Maybe there is a sail, but at an angle where it can't be seen. Thus, the observer should treat it as a sailboat. Further, I don't think its appropriate for the sailboat to display the steaming light if its engine is not immediately available. By doing so the sailboat is saying, "I am prepared to act like a powerboat." If the engine is not warmed up, this is not the case. So I would have to say that the status of the boat should be "sailboat," even though its not under sail. The only real support for this position is that rowboats are allowed to display the same lights as a sailboat, implying that this is appropriate for boats that are not truly anything else. But there's a whole other side to this: is it appropriate for a sailboat to lower sails and drift, especially at night? I've done it during the day - especially at regattas waiting for a race to start, but never at night. Depending of course, on the location, this doesn't feel like it is proper seamanship - when I don't want to go anywhere, I anchor. Whenever I want to drift at night (July 4th comes to mind) I keep an engine running, and display the steaming light. So my bottom line answer has to be: its not proper to get into this situation, but if you must, don't display lights for a powerboat if you're not prepared to act like one. And at the end of the day, the judge will say either "that's what I would have done" or "what a Putz!" -- -jeff "Assumptions shall not be made on the basis of scanty information" ColRegs, Rule 7(c) P.S. What about sea anchors and heaving to? "Simple Simon" wrote in message ... Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? Now, let's do another scene. An auxiliary sailboat motors, like Bobsprit does, out into Long Island sound with the cover on the mainsail and the wind-up jib rolled up tightly. Once well away from the dock the motor is turned off. What is the status of this boat that is underway but not making way? I say it is a motor boat with motor turned off because it used a motor to get to it's present location. This vessel must then use the lower running lights and the steaming light. The use of only the masthead tricolor is incorrect because it is not sailing, did not sail to its position and does not have its sails ready to be put to work. What say you two? Answer thoughtfully because if you answer with a motor boat mentality or otherwise incorrectly I have set a trap out of which you both will find it very difficult to escape (as is the usual case when you two treat with me). S.Simon |
#9
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![]() "Shen44" wrote in message ... Subject: A tough question for Jeff and Shen44 From: "Simple Simon" Date: 07/27/2003 16:35 Pacific Standard Time Message-id: "otnmbrd" Gdog Gdog Gdog Gdog G wrote in message nk.net... Mind if I try? Just talked to Shen and his AOL is typically screwing up and he can't read any newsgroups. Simple Simon wrote: Now, I'm going to expand upon my scenario of an auxiliary sailboat with sails up but not making way while underway because the wind is calm. It is now nighttime and . . . The captain decides to take down his sails so they won't be slating back and forth in the left- over swell. His motor is off. He is still underway and not making way but what is he now? Is he a motor vessel with his engine off or is he a sailboat with his sails down? What do you think? My answer would be that he is a sailboat and can legally run a tricolor light at the masthead. My reason is because he has sails even though they are furled. What say you two? I would disagree (but you expected that). I would hoist NUC. Not under command means some failure of mechanical systems that means the vessel cannot maneuver. Lack of wind is not such a circumstance. No, I think even Jeff and Shen44 would agree with me that NUC is not applicable here Where does it say that in the Rules? NUC means a vessel through some exceptional circumstance cannot maneuver as required by these rules .... a becalmed sailboat with no mechanical power seems to fit this bill perfectly. Wrong! Being becalmed is a normal navigational situation for a sailboat. It cannot be considered an exceptional circumstance. Exceptional circumstance mostly means a mechanical failure of some sort. Steering hydraulics kaput on a motor vessel would make her a NUC. Broken rudder on a sailboat would make her a NUC. Shen I'm disappointed in your response. You are clearly ignorant when it comes to sailing. S.Simon. |
#10
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Subject: A tough question for Jeff and Shen44
From: "Simple Simon" Date: 07/29/2003 06:34 Pacific Standard Time Message-id: snip Where does it say that in the Rules? NUC means a vessel through some exceptional circumstance cannot maneuver as required by these rules .... a becalmed sailboat with no mechanical power seems to fit this bill perfectly. Wrong! Being becalmed is a normal navigational situation for a sailboat. It cannot be considered an exceptional circumstance. ROFL show me where it says that in the rules ..... show me a legal precedence Exceptional circumstance mostly means a mechanical failure of some sort. Steering hydraulics kaput on a motor vessel would make her a NUC. Broken rudder on a sailboat would make her a NUC. Shen I'm disappointed in your response. You are clearly ignorant when it comes to sailing. S.Simon. ROFL awwwww .....well show me the proof you're correct Shen |
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