In this collision example. I would expect the jury to find both at fault. Port for failing to stay clear of starboard and Starboard for changing course without giving port room and opportunity to stay clear. Would this outcome be reasonable?
I find it difficult to imagine a scenerio where a give-way boat is penalized for breaking rule 10 (or 11) and the right-of-way boat is penalized for breaking rule 16. The two should be mutually exclusive. If the ROW boat breaks rule 16, the GW boat would be exonerated under rule 64.1(c).
It is possible for the GW boat to be penalized under rule 10 (or 11), and the ROW boat penalized under rule 14. Occasionally (but rarely), protest committee will disqualify multiple parties.
I think many people are not quite on this page and want black and white answers 100% of the time.!
...Starboard can't stand up and say... i was on starboard... I can't be at fault no matter what happens.
Absolutely correct. Right-of-way is not carte blanche. When a boat focuses on her rights, she tends to forget her obligations.
... communication helps enormously...
Also true. Things go much smoother when both boats know what to expect from the other - its easier to avoid contact when there are no surprises.
Regards,
Eric
