The case you cite only proves my point about the COLREGS(IRPCAS).
After a lively and mostly unnecessary round of discovery, the matter went to trial on the admiralty side of the bench. The district court found that because the IYRRs are the rules of a private racing organization, they "do not and cannot preempt the application of the COLREGS which have been adopted by treaty to govern worldwide." Juno, 865 F.Supp. at 17. The court thus ignored the findings of the International Jury and concluded that, under COLREGS Rule 13, 33 U.S.C. foll. Sec. 1602,4 CHARLES JOURDAN was an overtaking vessel required to keep clear of ENDEAVOUR. Pursuant to the "Pennsylvania Rule"5 the CHARLES JOURDAN was presumed at fault. Nevertheless, the court found that, under COLREGS Rule 8, 33 U.S.C. foll. Sec. 1602,6 the ENDEAVOUR's failure to take action to avoid the collision "was a significant cause of the accident," and found it 40% at fault. Juno, 865 F.Supp. at 18.
Keep reading. The District Court's decision was reversed by the First Circut Court of Appeals. The Appellate Court found that having two different sets of rules made absolutely no sense, and since all the parties involved had contractually agreed to use the racing rules, that those were the ones in force.
Sincerely,
Eric
