Was told by my racing association that the CG (?) now requires radar fitted vessels to have the unit on whenever underweigh. Under Nav Rule #7, it calls for radar use considering "prevailing circumstances and conditions." Since my radar magnetron has a finite life, I am loathe to run the unit unless necessary. Have the rules changed?
Certainly not an "expert", merely an observer. Rule 5 states:
quote:
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 7 goes on to say:
quote:
Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects.
I, too have a finite life, but I do keep my eyes open. New solid state radars have a MTBF of over 50,000 hours. May be time to retire the magnetron anyway.
Bolding of question in original, other emphasis added.
quote:
11. Am I required to have Radar?
Radar is not required on vessels under 1600 GT (Title 33 CFR part 164.35), however, Rule 7 states that proper use shall be made of radar equipment if fitted and operational. In other words, whoever has one must use it. The Navigation Rules are not meant to discourage the use of any device, rather they expect prudent mariners to avail themselves of all available means appropriate...as to make full appraisal of the situation (Rule 5), e.g. the use of radar. At issue is whether the use of radar is appropriate in the prevailing circumstances and that is a determination made by the Master; and, ultimately decided by a trier of fact.
Should you be in a collision how would a judge/jury rule on your contention that the use of radar was impracticable (due to electrical drain, crew shortages, etc.)? Also, if a collision does occur, then there was obviously a risk of collision beforehand. Could the determination of that risk have been made sooner with the use of radar? It is difficult to answer such questions because the circumstances of each case are different.
More importantly, remember that Rule 7specifies that assumptions shall not be made on the basis of scanty information, especially scanty radar information.
That is not a rule change. It has been in the NavRules for a long time.
"Prevailing circumstances and conditions", means what? Restricted visibilty AND unlimited visibilty? What about a radar watch? Does this preclude me from ever using my flybridge again as my radar is at my lower station and is not readable in broad daylight?
I believe that your advisor was confusing your vessel with a commercial vessel under the rules. For all intent and purpose you are a pleasure craft, whay equipment you have and the manner in which you choose to operate it is your affair. If you are master of a commercial vessel you must maintain a current radar operators certification as part of your license. Your racing committee guy is full of frijoles.
Originally posted by Ancora: Was told by my racing association that the CG (?) now requires radar fitted vessels to have the unit on whenever underweigh. Under Nav Rule #7, it calls for radar use considering "prevailing circumstances and conditions." Since my radar magnetron has a finite life, I am loathe to run the unit unless necessary. Have the rules changed?
Legal Advice over the Internet is worth about what you pay for it.
This question reminds me of a case I read about. Sailboat at anchor was hit by a JetSki. The Jury determined that the Sailboats insurance would have to contribute towards the Jetskiers medical and continuing care bills as the Sailboat although under 20 meters had failed to display an Anchor Ball.
Point of the story is the opinion of a CG Boarding Officer is one thing. The opinion of 12 people is entirely another.
