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throwway120385yesterday at 7:13 PM3 repliesview on HN

No it's not. The same principle applies to rules of right of way on the water. Technically the 32 foot sailboat has right of way over a triple-E because the triple-E uses mechanical propulsion.

You have a responsibility to be cautious in heavy equipment no matter what the signage on the road says, and that includes keeping a speed at which you can stop safely if a person suddenly steps onto the road in situations where people are around. If you are driving past a busy bar in downtown, a drunk person might step out and you have a responsibility to assume that might happen. If you have to go slower sometimes, tough.


Replies

Aloisiusyesterday at 8:41 PM

I don't think that's a great analogy since a sailboat's right-of-way isn't unlimited and it can certainly be found at fault for a collision with a triple-E container ship - especially given maritime law uses the comparative fault system where fault is shared between parties.

For instance, a sailboat must alter course if a collision can't be avoided by the give-way vessel alone:

Rule 17(b):

> When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.

So if you sail your boat into a container ship and it tries to give way, but doesn't have the ability to do so quickly enough to prevent a collision, you're violating the rules if you don't also alter course as well.

Plus, if we're going to connect this to a pedestrian, if a sailboat suddenly cut in front of a container ship with zero concern for its limited maneuverability/ability to stop, the sailboat would also violate Rule 2 by neglecting precaution required by seamen and failing to consider the limitations of the vessels involved.

khatyesterday at 7:39 PM

And if a pedestrian jumps from a bridge to land right in front of you? or how about a passenger jumps of out the car next to you? still going to stand on your absolute?

cardiffspacemanyesterday at 7:56 PM

As an aside, because it would not be germane to automotive safety…

In the Coast Guard Auxiliary “Sailing and Seamanship” class that I attended, targeting would-be sailboat skippers, we were told the USS Ranger nuclear-powered aircraft carrier had the right-of-way.