09- 137 C.M.R. ch. 13, § 08 - Rules of Operation for Watercraft on Internal Waters

1. In order to prevent the collision of watercraft the following rules apply to the operation of all watercraft in relation to each other on the internal waters of this State.

A. When watercraft are approaching each other head on, or nearly so, each watercraft shall direct their courses to the right and pass on the port side of each other and at a distance and speed so that the wake of each will not endanger the other.

B. When a watercraft desires to pass another watercraft on either side in the same direction, the overtaking watercraft shall keep clear of the overtaken watercraft and shall not pass until it is safe to do so, and then at such speed and distance so as not to endanger the overtaken watercraft. The overtaken watercraft has the right of way until the overtaking watercraft has safely passed.

C. When watercraft approach each other at right angles or obliquely, the watercraft approaching on the right (starboard) side has the right of way and the other watercraft which has such watercraft on its right side shall keep out of the way of the other by directing her course to starboard so as to cross the stern of the other watercraft, or stop and reverse if necessary to avoid collision.

D. Watercraft under sail alone or being propelled by oars or paddles have the right of way over watercraft propelled by machinery, except when overtaking as described in No. 2.

E. In narrow channels, streams, and thoroughfares, every watercraft shall keep to the right of the middle of the channel in the direction which it is traveling when it is safe and practicable to do so.

F. It shall be the duty of every operator to abide by these rules. However, where immediate danger exists the operator shall, if necessary, depart from these rules to the extent necessary to avoid collision.

2. Steering and Sailing Rules

A. Application

Rules in this section apply to any condition of visibility.

B. Lookout

Every watercraft 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.

C. Safe Speed

Every watercraft shall at all times proceed at a safe speed so that the operator can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(1) By all watercraft:

(a) The state of visibility;

(b) The traffic density including concentrations of any watercraft on the water.

(c) The manageability of the watercraft with special reference to stopping distance and turning ability in the prevailing conditions;

(d) At night, the presence of background light such as from shore lights or from back scatter from her own lights;

(e) The state of wind, water, weather and current, and the proximity of navigational hazards;

(f) The draft in relation to the available depth of water.

2. Additionally, by watercrafts with operational radar:

(a) The characteristics, efficiency and limitations of the radar equipment;

(b) Any constraints imposed by the radar range scale in use;

(c) The effect on radar detection of the sea state, weather and other sources of interference;

(d) The possibility that small watercrafts, ice and other floating objects may not be detected by radar at an adequate range;

(e) The number, location and movement of watercrafts detected by radar;

(f) The more exact assessment of the visibility that may be possible when radar is used to determine the range of watercrafts or other objects in the vicinity.

3. Risk of Collision

A. Every watercraft shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

B. 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.

C. Assumptions shall not be made on the basis of scanty information, especially scanty radar information.

D. In determining if risk of collision exists the following considerations shall be among those taken into account:

(1) Such risk shall be deemed to exist if the course or compass bearing of an approaching watercraft does not appreciably change.

(2) Such risk may sometimes exist even when an appreciable course or bearing change is evident, particularly when approaching a very large watercraft or a tow or when approaching a watercraft at close range.

4. Action to Avoid Collision

A. Any action shall be taken in accordance with the Rules of this Part and, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

B. Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another watercraft observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

C. If there is sufficient space, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

D. Action taken to avoid collision with another watercraft shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other watercraft is finally past and clear.

Notes

09- 137 C.M.R. ch. 13, § 08