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Greeting papasmurf:

Thanks for clarifying the location.

In addition to your overtaking citation, add this: inadequate lookout, failure to maintain safe speed, did not use all available means to avoid collision, irresponsible vessel navigation, and did not exercise due regard for restricted visibility maneuvering situations.

Rule 5 Look-out
Every vessel shall at all times maintain a proper look-out by sight as well as by 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 6 Safe Speed
Every vessel shall at all times proceed at a safe speed so that she 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:
(a)By all vessels:
(i)The state of visibility;
(ii) The traffic density including concentrations of fishing vessels or any other vessels;
(iii) The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) At night the presence of background light such as from shore lights or from back scatter from her own lights;
(v) The state of wind, sea and current, and the proximity of navigational hazards;
(vi) The draft in relation to the available depth of water.

Rule 7 Risk of Collision
(a) Every vessel 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.

Rule 8 Action to Avoid Collision
(a)Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.
(e) If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.

Rule 18 Responsibilities Between Vessels
Except where rule 9, 10, and 13 otherwise require:
(a)A power driven vessel underway shall keep out of the way of:
(iv)a sailing vessel;

Rule 19 Conduct of Vessels in Restricted Visibility
(a) This rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.
(b) Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and condition of restricted visibility. A power-driven vessel shall have her engines ready for immediate maneuver.
(c) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with the Rules of Section I of this Part.

Cheers,
OLA