Rule 2 - Responsibility

(a) Nothing in these Rules shall exonerate any vessel, or the owner,
master or crew thereof, from the consequences of any neglect
to comply with these Rules or of the neglect of any precaution
which may be required by the ordinary practice of seamen, or by
the special circumstance of the case.
(b) In construing and complying with these Rules due regard shall
be had to all dangers of navigation and collision and to any
special circumstances, including the limitations of the vessels
involved, which may make a departure from these Rules
necessary to avoid immediate danger.

Rule 2 - Responsibility
The aim of Rule 2 is:
Emphasize the need for safety
Comply strictly with the Rules
Take safety measures required by
Good seamanship
Any particular circumstance

Rule 2 - Responsibility
Paragraph (a)
Nothing in these Rules shall exonerate any
vessel, or the owner, master or crew thereof,
from the consequences of any neglect to comply
with these Rules or of the neglect of any
precaution which may be required by the
ordinary practice of seamen, or by the special
circumstances of the case.

Rule 2 - Responsibility
Keywords

Any vessel
The Owner
The Master
The crew
Consequences any neglect to comply with these Rules
Neglect of any precaution
Ordinary practice of seamen
Special circumstances of the case

Rule 2 - Responsibility
Any vessel
Power-driven, sailing, small, large, etc.

Rule 2 - Responsibility
The Owner Before
Before, the owner was
an individual who
owned one or several
vessels.

Rule 2 - Responsibility
The Owner today
Today, ship owners are either companies or
multinationals who are more interested in
making money than handling ships.

They hardly see the ships; they mainly see

the financial reports

Rule 2 - Responsibility
THE OWNER
Owners only have one motto:

Time is Money

IS

Rule 2 - Responsibility
THE OWNER - Costs
Before, the cost of ships were calculated
per day
Today they are calculated per hour
Profits can be increased in two ways:

1. Increase the freights

2. Reduce the ships running
costs
Owners usually have no impact over the freights which
are bound by the markets

Rule 2 - Responsibility
THE OWNER - Costs
Conclusion
Most ship owners try to reduce the ships costs by:
Putting the ships business ahead of the ships safety
Putting their masters under pressure
Recruiting the cheapest seamen
Paying minimal wages
Cutting costs wherever and whenever they can
Lowering living and working conditions for the crew
Etc..

However
Ship owners have to guarantee the seaworthiness of their ships at
all time (????)

To increase their benefits, ship owners do not hesitate

to flag out their ships to a Flag of Convenience

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Rule 2 - Responsibility
THE OWNER - Seaworthiness
The seaworthiness of a vessel is the fitness to
encounter the hazards of the sea with reasonable safety.
This encompasses :
Having a sound hull,
Be fully and competently crewed
Be sufficiently fueled and provisioned
for the planned voyage
Be fully equipped
Have her equipment in working order
If she carries cargo, be cargoworthy
Etc.

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Rule 2 - Responsibility
Flag of Convenience Ships (FOC)
Flag of Convenience Ship are ships registered in a country (and hence
flying its flag), whose tax on the profits of its trading ships is low or
whose requirements concerning manning and/or maintenance are not
stringent.
Small FOC vessels are usually older than the average age of the world
fleet
Large FOC vessels (VLCCs and ULCCs) are often newer and younger
Why do Owners flag out their vessels

Cheap registration fees

Low or no taxes
Employment of cheap labour
Employment of incompetent crews

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Rule 2 - Responsibility
Flag of Convenience Ships (FOC)

Most claims by Port State Control involve badly maintained

and manned (FOC) vessels
Most of these vessels should never have gone to sea. Some
of them deserve to be called floating coffins
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www.travelbeat.net

Rule 2 - Responsibility
Charterers
A charterer is a person or an enterprise hiring a vessel
for the carriage of goods or passengers or both
Just like the Ship Owner, they want the goods at the port of
destination on time and in good condition
They too, put a great deal of pressure on the shipping
companies and their masters
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www.bayacht.com

Rule 2 - Responsibility
THE MASTER
The Master is the commander
of a merchant ship
He is the mandatory of the ship
owner to whom he has to render
account

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Rule 2 - Responsibility
THE MASTER
MAIN RESPONSIBILITIES
The navigation of the vessel
The management of the
vessel
The safe operation of the
vessel

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Rule 2 - Responsibility
THE MASTER
MAIN RESPONSIBILITIES
The safe operation of the vessel

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Rule 2 - Responsibility
THE MASTER
MAIN RESPONSIBILITIES
The seaworthiness of the ship
Etc
Du to modern technology and better
communication, the shore-based
office has gained control over the
operation of the vessel and has
increasingly undermined the masters
position

The Master, Chief Officer and

Surveyor have examined the vessel

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Rule 2 - Responsibility
THE MASTER MAIN RESPONSIBILITIES
In spite of all this, the master remains the one who takes the
responsibility and makes the decisions over the navigation
and management of the ship
He must show good seamanship at all time and ascertain
himself that the rest of the crew also exercises it .

. in spite of the orders he may receive from the

Ship Owner or the Charterers
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Rule 2 - Responsibility
THE CREW
The crew comprises the personnel engaged on board a ship,
excluding the Master and officers and the passengers if any
are carried
On merchant ships there are 3 departments:
1. The deck department with the officers (officers of the watch OOW) a
boatswain and several sailors called OSs and ABs
2. The engine department and,
3. The catering department
Depending on the type of ships, the crew can also comprise a carpenter (chips),
several pump men, refrigerating engineers, etc.
oceanexplorer.noaa.gov

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Rule 2 - Responsibility
THE DECK CREW - MAIN DUTIES

Cast off the ship at

departure
Moore the ship on arrival
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Rule 2 - Responsibility
THE DECK CREW - MAIN DUTIES

At sea
Maintenance work (cleaning, painting, repairing etc.)
Steer the vessel, keep watch

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Rule 2 - Responsibility
THE DECK CREW - MAIN DUTIES

In port
Keep watch
Help with loading and discharging operations as necessary
Maintenance, repairs

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Rule 2 - Responsibility
THE CREW

The safety of a ship mainly depends on the

professional competence of its crew
Therefore, a fluent communication between all
crewmembers is of paramount importance
It is not uncommon that on some ships, between 5
and 10 different languages are spoken

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Rule 2 - Responsibility
THE CREW

The LANGUAGE BARRIER causes a lack of communication

and may be the reason whether a ship is saved or lost.

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Rule 2 - Responsibility
Radio communication
Radio communication (VHF) between ships at sea is of
primordial importance
At sea, the main language is English
Always speak loud and clear
Speak sufficiently slow and properly articulate each word
Assure yourself that the other party clearly understood your
message especially in case of an avoiding action being
agreed on
Make the other party repeat your message to ascertain
yourself he understood you correctly
Regularly exercise your knowledge of the English
terminology on the Colregs using :
http://maritimeknowhow.com (Click on
Dictionaries and Colregs)
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www.mistweb.force9.co.uk

Rule 2 - Responsibility
THE CREW
Nearly 80% of all accidents on board
ships are due to human error.
The main causes are :

news.bbc.uk

Crew insufficiently trained (especially in safety)

Crew underpaid

Crew overworked (fatigue)

Crewmembers unable to communicate with each other

Etc

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Rule 2 - Responsibility
GENERAL CONSIDERATIONS
Rule 2, Par. (a) of the Colregs stipulates clearly that at all
time :
The Rules must be complied with as laid down in the
Colregs
The Master or the OOW must take the necessary safety
steps in special situations or in situations not covered by
the Rules
In both cases he must :
Act with good seamanship and
Have due regard to any special circumstance.
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Rule 2 - Responsibility
ANY NEGLECT TO COMPLY WITH THE RULES
-

Not maintaining a proper look-out (Rule 5)

Not keeping a safe speed when necessary (Rule 6)

- Not using all available means to avoid collision (Rules 7 & 8)

- Not taking bearings of crossing vessels (Rule 7(d) (i))
- Not making a proper use of radar (Rule 7(b)
- Not keeping to the Sb-side of a narrow channel (if possible) (Rule

9)

- Not making a proper use of a traffic separation scheme (Rule 10)

- Not observing the Steering and Sailing Rules (Part B)

- Not carrying the correct navigation lights and shapes (Part C)
- Not sounding the fog signals (Rule 35)

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www.dfprp.org

- Not checking if sails of a sailing vessel hamper the visibility of the navigation
lights

- No navigation lights in restricted visibility by day (Rule 20)

- Not sounding the fog signals when approaching an area of restricted
visibility (Rule 35)
- Not checking if the sound of a fog signal is impaired by an obstruction

- Etc

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Rule 2 - Responsibility
GOOD SEAMANSHIP

Good seamanship means:

Strict observance of all Colregs requirements
Take all measures to avoid collision
Based on knowledge and
Based on experience
Thus:
Observance of the Rules
Professional conduct in circumstances not covered
by the Rules
art.allayers.com
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Rule 2 - Responsibility
GOOD SEAMANSHIP

Precautions required by good seamanship

Check if the lights are really burning
Avoid yawing when required to keep on course
Answer any fog signal
Keep clear of a vessel at anchor
Reduce speed in shallow waters
Avoid inappropriate use of mobile phones
Etc.
Act with your experience and common sense
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www.splashvision.com

Rule 2 - Responsibility
GOOD SEAMANSHIP
Precautions required by good seamanship

W3.qtm.net

Keep clear of anchored vessel

www.offshrebarriers.com

Check if lights really burn

www.dyslexia-college.com

Avoid inapropriate use

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Rule 2 - Responsibility
GOOD SEAMANSHIP
BASED ON KNOWLEDGE AND EXPERIENCE
Know your ship before going to sea
Know the manoeuvring characteristics of your ship
Know the manoeuvring limitations of your ship
Use a pilot in unfamiliar waters
Make a proper use of the AIS
Etc

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Rule 2 - Responsibility
BAD SEAMANSHIP
Go to sea with an unseaworthy ship :
Only one generator in working condition
Officers and crew with no proper qualifications
Incomplete crew
Engines not in a satisfactory condition
Some nautical instruments (radar, compass, AIS, )
not working properly
Cargo not properly secured and lashed
Deck cargo hampering the visibility of the OOW
Etc., etc. .
www.orgonise-africa.net

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Rule 2 - Responsibility
NOT GOOD SEAMANSHIP
BASED ON BAD PRACTICES
Use of alcohol during the watch
Allowing an overtired OOW alone on the bridge
No AB on the bridge at night or during congested traffic
or in bad visibility
Not keeping a safe speed in restricted visibility or in
special circumstances
Exhibition of NUC lights or the red lights for a deep
draught vessel to escape ones responsibility
Impeeding a ship that has difficulty to keep out of the
way
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Rule 2 - Responsibility
NOT GOOD SEAMANSHIP
BASED ON BAD PRACTICES
Not keeping the log
Not complying with the VTS regulations
Leave the pilot alone on the bridge
Allowing visits on the bridge that can distract the OOW
Run your watch in a closed up bridge in restricted
visibility, preventing an auditive look-out
Etc
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www.ecb.co.uk

Rule 2 - Responsibility
NOT GOOD SEAMANSHIP
BASED ON BAD HABITS
Take over the watch under the influence of
alcohol or drugs
Late arrival on the watch
Sleeping during the watch
Not keeping a proper anchor watch
Etc
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www.island-decorandmore.com

Rule 2 - Responsibility
NOT GOOD SEAMANSHIP
BASED ON BAD HABITS
Sailor drunk and sleeping
To be drunk and/or sleeping during the watch is a serious
offence which should be severely reprimanded
It brings the safety of the ship and its crew in jeopardy.

Sailor drunk and sleeping

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www.onekama.k12.mi.us

Rule 2 - Responsibility
Paragraph (b)
In construing and complying with these Rules due
regard shall be had to all dangers of navigation
and collision and to any special circumstances,
including the limitations of the vessels involved,
which may make a departure from these Rules
necessary to avoid immediate danger.

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Rule 2 - Responsibility
Keywords
All dangers of navigation
All dangers of collision
Special circumstances
Limitations of the vessels involved
Departure from these Rules
Avoid immediate danger
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Rule 2 - Responsibility
Dangers of Navigation

The risk to run into a shallow when keeping

out of the way of another vessel
The risk to run into a wreckage when
keeping out of the way of another vessel
141.163.79.209

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Rule 2 - Responsibility
Danger of collision
In a head-on situation, a
power-driven vessel may
not be able to alter course
to starboard (Rule 14) due
to the presence of another
vessel overtaking her on
her starboard side
www.intellasia.net

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Rule 2 - Responsibility
Special Circumstances
Several ships approach each other at the
same time

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Rule 2 - Responsibility
Special Circumstances
Ships in ice

atlas.nrcan.gc.ca45

Rule 2 - Responsibility
Special Circumstances
Ships in smoke

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www.wunderground.com

Rule 2 - Responsibility
Limitations of vessels
A vessel of a particular construction may be
limited in her manoeuvring capacity

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www.linde-engineering.com

Rule 2 - Responsibility
Limitations of vessels
A convoy of warships are limited in their
manoeuvring capacity

www.military.ie

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Rule 2 - Responsibility
Encountering ships in convoy
Single vessels, take early action to keep out of
the way
If there is a risk of collision with a vessel in the
convoy, the steering and sailing Rules apply

www.biship.com

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Rule 2 - Responsibility
Limitations of vessels

A submarine is limited in his

manoeuvring capacities
hormuz.robertstrausscenter.org

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Rule 2 - Responsibility
Limitations of vessels
Large vessels and vessels with a small
underwater clearance (UWC) are often subject
to interaction and/or squat
(For details, see Rule 6, Safe Speed)

Meeting a seaplane taking off or landing

Meeting a WIG craft taking off or landing
www.pilotmag.co.uk
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Etc

Rule 2 - Responsibility
Departure from the Rules
The following criteria need to be satisfied
Dangers to navigation and risk of collision
(shallows, wrecks, etc.) and/or
Special circumstances (e.g. last minute action) and/
or
Limitations of vessels
PLUS

To avoid immediate danger !!!!!!

awesternheart.blogspot.com

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Rule 2 - Responsibility
Departure from the Rules
Do not use this Rule just to suit your own
convenience
There must be special circumstances
There must be immediate danger
Both conditions must be satisfied.

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Rule 2 - Responsibility
Departure from the Rules
Examples
Two vessels are so close to each other that a collision cannot be
avoided by the action of the give-way vessel alone
A power-driven vessel crosses a channel and impedes the passage of
another vessel which can only safely navigate within such channel.
Close quarters situations

When a departure of the Rules is necessary, the master or

the OOW shall exercise his best judgement to avoid the
danger which threatens
He must use his knowledge, experience and common sense.
If the OOW is alone on the bridge he must call the Master
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