Law of Marine Collision

By: NICHOLAS J. HEALY

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Hardcover | 31 July 2009

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672 Pages

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Until 1998, the most recent complete text on the law of collision published on this side of the Atlantic had been John Griffin's The American Law of Collision, which appeared in 1949. So many significant changes have occurred in collision law since then that a new American text was certainly indicated. The most significant of these changes was, of course, the adoption of the 1972 COLREGS, which became effective in 1977 -- the first complete revision of the International Rules since 1889. Also of great importance was the substitution of a single set of U.S. Inland Rules, identical in most respects to COLREGS, for the former Inland, Great Lakes, and Western Rivers Rules. Other significant changes were the adoption of the proportional fault rule by the U.S. Supreme Court in Reliable Transfer Co. v. United States, and the widespread use of radar and ARPA in marine navigation.

COLREGS and the current U.S. Inland Rules are arranged in much more orderly fashion than their predecessors, and the authors have followed the same order in treating the individual Rules. In addition to the Rules, the book covers damages, both-to-blame collisions, and official investigations. It also includes chapters on pilotage, towage, marine pollution, limitation of liability, marine insurance, salvage, and general average, all in relation to collisions.

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Non-Fiction Law International Law Public International Law Law of the Sea Engineering & Technology Transport Technology & Trades International Law of Transport International Maritime Law Transportation Ships & Boats in General Laws of Specific Jurisdictions

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Foreword	p. xix
Preface	p. xxi
Acknowledgments	p. xxiii
Table of Cases	p. xxv
Basic Principles of Collision Law	p. 3
Introduction	p. 3
Definition	p. 3
Historical Background	p. 3
The Incidence of Marine Collisions	p. 9
Jurisdiction in Collision Cases	p. 10
Subject Matter Jurisdiction in Civil Cases	p. 10
Jurisdiction In Personam and In Rem	p. 12
Maritime Liens and Arrests In Rem	p. 14
Forum Non Conveniens	p. 16
Civil Jurisdiction in Other Countries	p. 17
The Civil Jurisdiction Convention of 1952	p. 18
The C.M.I. Draft Convention of 1977	p. 20
Penal Jurisdiction	p. 22
Choice of Law	p. 24
Substantive and Remedial Questions	p. 24
Jurisdiction, Practice, and Procedure	p. 24
Maritime Liens	p. 24
Equipment and Manning	p. 26
Navigation	p. 27
Damages	p. 28
Effect of Mutual Fault	p. 29
Limitation of Liability	p. 35
Recognition and Enforcement of Judgments	p. 35
The Basis of Liability for Collision Damages	p. 40
Fault as the Basis of Liability	p. 40
The Former "Major-Minor Fault" Rule	p. 40
Error In Extremis	p. 41
Last Clear Chance	p. 41
Inevitable Accident	p. 42
Inscrutable Fault	p. 42
Establishing a Cause of Action	p. 44
Burden of Proof, Presumptions, and Permissible Inferences	p. 44
Collisions between Moving Vessels	p. 44
Collisions of Moving Vessels with Anchored, Moored, and Grounded Vessels, and with Fixed Structures	p. 44
The Pennsylvania Rule	p. 45
The Pennsylvania Rule and Improper Manning or Equipment	p. 54
Failure to Call Material Witnesses	p. 55
Failure to Produce Logbooks and Other Records	p. 55
Alterations and Erasures in Logbooks and Other Records	p. 56
Failure to Stand By	p. 56
Admissions in Pleadings	p. 57
Judicial Notice	p. 58
Evidence Admissible in Collision Litigation	p. 58
Introduction	p. 58
Depositions "De Bene Esse,"	p. 60
Documentary Evidence: Logbooks and Other Records of Regularly Conducted Activities aboard Vessels (Fed. R. Evid. 803[6])	p. 62
Public Records (Fed. R. Evid. 803[8])	p. 66
Records of Official Investigations (Fed. R. Evid. 803[8][c])	p. 66
International and Inland Rules: Part A--General Provisions	p. 71
Rule 1: Application of the Rules	p. 71
Rule 2: Responsibility	p. 74
Good Seamanship	p. 74
Special Circumstances	p. 77
Rule 3: General Definitions	p. 80
International and Inland Rules: Part B(I)--Conduct of Vessels in Any Condition of Visibility	p. 83
Introduction	p. 83
The Scope of the Chapter	p. 83
Electronic Aids to Navigation	p. 83
Rule 5: Look-out	p. 92
Preliminary Note	p. 92
Historical Overview	p. 93
Rule 5 and Related Provisions	p. 93
Applicability of Rule 5	p. 94
Legal Effect of a Failure to Maintain a Proper Look-out	p. 95
Noncontributory Failure to Maintain a Proper Look-out	p. 97
Maintenance of a Proper Look-out	p. 99
Rule 6: Safe Speed	p. 104
Introduction	p. 104
"Moderate" Speed under the Former Rules	p. 105
"Safe" Speed under COLREGS and the Inland Rules	p. 110
Applicability of Radar and ARPA to Safe Speed	p. 111
Regulations Relating to Radar and ARPA	p. 112
Factors to Be Taken into Account by Radar-Equipped Vessels	p. 113
The Proper Use of Radar Information	p. 116
The Half-Distance Rule under COLREGS and the Inland Rules	p. 117
Safe Speed in Clear Weather under Rule 6: Swell Damage	p. 119
Rule 7: Risk of Collision	p. 125
Introduction	p. 125
What Constitute "All Available Means,"	p. 129
Radar and the Determination of Risk of Collision	p. 129
The Duty to Watch Compass Bearings	p. 131
Rule 8: Action to Avoid Collision	p. 134
Introduction	p. 134
Decisions Applying Rule 8	p. 137
Rule 8 in Relation to Other Rules	p. 141
Rule 9: Narrow Channels	p. 143
Introduction	p. 143
Purpose of the Rule	p. 145
Statutory Requirements of the Basic Rule (9[a])	p. 146
Local Customs	p. 151
Correct Charts	p. 152
Rule 10: Traffic Separation Schemes	p. 153
Introduction	p. 153
Enforcement Issues under Public International Law	p. 155
Rules of the Road in the VTS	p. 159
Navigational Errors in the VTS	p. 162
International and Inland Rules: Part B(II)--Conduct of Vessels in Sight of One Another	p. 166
Introduction	p. 166
Rule 12: Sailing Vessels	p. 166
Rule 13: Overtaking	p. 168
Introduction	p. 168
Application of the Overtaking Rule	p. 168
Overtaking under COLREGS and under the Inland Rules	p. 170
Overtaking and Risk of Collision	p. 171
When Rule 13 Begins to Apply	p. 174
Conduct of the Overtaking Vessel	p. 177
Conduct of the Overtaken Vessel	p. 180
Rule 14: The Head-on Situation	p. 182
Introduction	p. 182
Head-on and Crossing Distinguished	p. 184
The Point-Bend Custom on the Mississippi, and Other Customs	p. 186
Rule 15: The Starboard-Hand Rule	p. 188
Origins of the Starboard-Hand Rule	p. 188
Applicability of the Starboard-Hand Rule	p. 189
Obligations of the Port-Hand Vessel	p. 191
Obligations of the Starboard-Hand Vessel	p. 192
Rule 18: Responsibilities between Vessels	p. 199
International and Inland Rules: Part B(III)--Conduct of Vessels in Restricted Visibility	p. 200
Introduction	p. 200
Application of the "Fog Rules,"	p. 201
Obligations of Vessels Navigating in or near Restricted Visibility Areas	p. 203
Safe Speed	p. 203
Avoidance of Close-Quarters Situations	p. 204
Action Required upon Detecting the Presence of Another Vessel Forward of the Beam	p. 204
International and Inland Rules: Part C--Lights and Shapes	p. 206
Introduction	p. 206
Historical Background of the Light Rules	p. 206
Applicability of the Light Rules	p. 207
The Pennsylvania Rule and the Light Rules	p. 207
The "Positive-Negative" Rule in Relation to Lights	p. 210
An Analysis of the Principal Light Rules	p. 211
Definitions and Visibility Requirements	p. 211
Lights Required on Power-Driven Vesels Underway	p. 212
Towing Operations	p. 213
Sailing Vessels and Oar-Propelled Vessels	p. 215
Fishing Vessels	p. 215
Vessels Not under Command; Vessels Restricted in Maneuverability	p. 217
Vessels Constrained by Their Draft	p. 218
Pilot Vessels	p. 219
Anchored Vessels	p. 219
Seaplanes	p. 220
International and Inland Rules: Part D--Sound and Light Signals	p. 221
Introduction	p. 221
Historical Background	p. 221
Definitions	p. 222
Equipment for Sound and Light Signals	p. 222
Maneuvering Signals	p. 223
Under COLREGS: The Rudder Change Concept	p. 223
Under the U.S. Inland Rules: The Contractual Concept	p. 224
Application of the Rules Relating to Maneuvering Signals	p. 226
Failure to Sound a Required Maneuvering Signal	p. 226
The Half-Mile Rule	p. 228
The Danger Signal	p. 228
"Fog" Signals	p. 232
Differences between COLREGS Rule 35 and Inland Rule 35	p. 232
When "Fog" Signals Must Be Commenced	p. 233
Frequency of "Fog" Signals	p. 234
Failure to Sound "Fog" Signals When Required	p. 234
Sounding Improper "Fog" Signals	p. 234
Other Sound and Light Signals	p. 237
Bend Signals	p. 237
Slip Whistles	p. 238
Signals to Attract Attention	p. 238
Distress Signals	p. 239
Pilotage in Collision Cases	p. 240
Definitions and Duties	p. 240
Types of Pilotage	p. 240
The Master's Duty of Supervision	p. 241
Compulsory Pilotage	p. 242
In Rem Liability	p. 243
In Personam Liability of Owners	p. 243
Nonliability of Pilot Associations	p. 244
Voluntary or Noncompulsory Pilots	p. 245
Docking Pilots	p. 245
The Pilotage Clause	p. 246
Application of the Pilotage Clause to the Towed Vessel's Damage Claim	p. 249
Application of the Pilotage Clause to the Tugboat's Damage Claim	p. 250
Application of the Pilotage Clause to Damage Claims of Third Parties: Indemnification of Tugboat Owners	p. 250
Collisions Involving Tugs and Tows	p. 252
Introduction	p. 252
Liability Principles	p. 253
Negligence	p. 253
Navigational Duties of the Tug in Collision Cases	p. 254
Negligence Clauses in Towage Contracts	p. 262
Insurance Coverage and Waiver of Subrogation	p. 264
Collisions between Tows and Other Vessels	p. 266
The Dominant Mind	p. 267
Water Pollution from Collision	p. 270
Introduction	p. 270
International Liability Schemes for Accidental Pollution	p. 271
The 1969 Civil Liability Convention (CLC)	p. 272
The 1971 Fund Convention	p. 273
The U.S. Oil Pollution Act of 1990 (OPA 90)	p. 275
Background of OPA 90	p. 275
The OPA 90 Liability Regime	p. 276
Limitation of Liability under OPA 90	p. 278
Financial Responsibility under OPA 90	p. 280
Absence of Preemption: State Laws	p. 280
Governmental Removal and Procedure for Making Claims under OPA 90	p. 281
Penalties under OPA 90	p. 282
Damages under OPA 90	p. 283
Interest	p. 288
The General Maritime Law	p. 288
Liability	p. 289
Creation of Liability	p. 291
Assessment of Damages	p. 292
Punitive Damages	p. 300
Liability of the Nondischarging Vessel in Collision Cases	p. 301
Both-to-Blame Collisions: Apportionment of Liability	p. 303
Historical Introduction	p. 303
The Former Rule of Equal Division of Damages	p. 303
Proportional Fault	p. 305
The New Rule of Reliable Transfer	p. 305
Inscrutable Fault and Impossible Allocation of Fault	p. 308
Abolition of Obsolete Doctrines after Reliable Transfer	p. 308
Causation and Culpability in Fault Doctrine	p. 310
Liability for Cargo Loss and Damage in Both-to-Blame Cases	p. 312
Several Liability versus Joint and Several Liability of Tort-feasors for Cargo Loss and Damage	p. 312
The Rule of Several Liability	p. 313
The Rule of Joint and Several Liability to Innocent Cargo	p. 315
Effect of the Elimination of the Equal Division Rule	p. 317
Application of the Proportional Fault Rule in Collision Cases since 1975	p. 318
The Standard for Review	p. 319
Examples of Apportionment	p. 320
Shipowners' Damages in Collision Cases	p. 337
Introduction	p. 337
Conventions and Rules	p. 337
Appellate Review of Decisions on Collision Damages	p. 338
Bifurcated Trials	p. 339
Punitive Damages	p. 339
Remedies of Claimants	p. 340
American and English Approaches to Negligence	p. 341
Damages in Total Loss Cases	p. 343
General Principles	p. 343
Market Value	p. 344
Establishing Value When There Is No Market	p. 345
Constructive Total Loss	p. 350
Loss of Profitable Use in Total Loss Cases	p. 351
Incidental Expenses in Total Loss Cases	p. 352
Damages in Partial Loss Cases	p. 355
Basic Principles	p. 355
Unseaworthiness as a Condition Precedent to Recovery for the Cost of Immediate Dry-docking and Repairs	p. 356
Surveys	p. 357
Repair Bills	p. 358
Incidental Expenses in Partial Loss Cases	p. 359
Estimated Cost of Repairs of Unrepaired Damage	p. 360
Detention Damages in Repairable Damage Cases	p. 362
General Observations	p. 362
Vessels under Time Charter	p. 364
Vessels Operating for Owner's Account	p. 365
Detention Claims of Time or Voyage Charterers	p. 373
The "New-for-Old" Doctrine in Repairable Damage Cases	p. 374
Interest on Damages	p. 376
Rates of Exchange	p. 378
Shipowners' Limitation of Liability in Collision Cases	p. 380
Introduction	p. 380
International Perspective	p. 381
Precis of U.S. Limitation of Liability	p. 385
Venue	p. 385
Time Bar	p. 386
The Limitation Fund	p. 387
"Privity or Knowledge,"	p. 389
Limitation of Liability in Both-to-Blame Collision Cases	p. 393
The Single Liability Rule	p. 393
Innocent Claimants' Right to Priority	p. 395
Conclusion	p. 396
Salvage and General Average in Collision Cases	p. 398
Review of the Elements of Salvage	p. 398
Property Rights of the Salved Vessel Owner; Consequences of Abandonment	p. 403
Special Defenses to Salvage Claims	p. 405
Salvage of One Colliding Vessel by the Other	p. 407
When the Salvor Is in Fault for a Collision	p. 407
Proportional Faults of Salvors and Salvaged Vessels	p. 408
When the Salving Vessel Is Free of Fault	p. 408
Review of the Fundamentals of General Average	p. 408
The York-Antwerp Rules	p. 409
Disputed Claims for General Average Contributions	p. 412
Marine Insurance in Collision Cases	p. 415
Introduction	p. 415
Collision Losses and Liabilities Covered by Marine Insurance	p. 415
The Applicable Law: The General Maritime Law and Wilburn Boat	p. 416
The Running Down (Collision) Clause	p. 418
Coverage under the Running Down Clause	p. 418
Hybrid Clauses	p. 421
Specially Constructed Endorsements	p. 422
Tug and Tow Problems under the Running Down Clause	p. 423
Cross-insurance Endorsements	p. 424
The Basis of Liability Under the Running Down Clause	p. 426
Tort and Contract	p. 426
Indemnity and Liability	p. 427
Exceptions under the Running Down Clause	p. 428
Legal Costs of Attack or Defense	p. 428
Sister-Ship Clauses	p. 431
Protection and Indemnity Insurance	p. 433
Losses Covered	p. 433
Direct Actions against PandI Insurers	p. 438
Official Investigations of Collisions	p. 440
Introduction	p. 440
U.S. Coast Guard Investigations	p. 440
Failure to Report an Incident	p. 441
Initiation of an Investigation	p. 441
Conduct of an Informal Investigation	p. 442
Formal Investigations	p. 442
Deliberation and Report	p. 442
Admissibility of Reports	p. 443
Proceedings for the Suspension and Revocation of Licenses, Certificates, and Documents	p. 445
Preferral of Charges	p. 445
Administrative Hearings	p. 446
Conduct of the Proceeding	p. 446
Deliberation and Decision	p. 447
Appeal from an Adverse Finding	p. 447
Collateral Estoppel	p. 448
U.S. Naval Investigations	p. 449
Fact-finding Bodies	p. 449
Procedures of Courts of Inquiry and Formal Investigations	p. 450
The Report	p. 452
Action by Reviewing Authorities	p. 453
Admiralty Claims Involving Naval Vessels	p. 453
National Transportation Safety Board Investigations	p. 456
Investigations	p. 457
Parties to the Investigation	p. 458
Report and Reconsideration	p. 458
Admissibility of NTSB Reports in Litigation	p. 459
Penal Proceedings in Collision Cases	p. 460
The International Regulations for Preventing Collisions at Sea (COLREGS)	p. 463
Authors' Introductory Note	p. 463
Statutory Provisions Preceding COLREGS	p. 463
International Regulations	p. 465
Annexes to the International Regulations	p. 485
Statutory Provisions Following COLREGS and the Annexes Thereto	p. 493
The Inland Navigation Rules	p. 496
Authors' Introductory Note	p. 496
Inland Navigation Rules	p. 496
Annexes to the Inland Navigation Rules	p. 508
Inland Navigation Rules: Implementing Rules	p. 517
Inland Navigation Rules: Interpretative Rules	p. 521
Violations of the Inland Navigation Rules	p. 521
Statutes	p. 523
Extract from the Limitation of Liability Act	p. 523
Vessel Bridge-to-Bridge Radiotelephone Act	p. 525
Extension of Admiralty Jurisdiction Act	p. 528
Suits in Admiralty Act	p. 528
Public Vessels Act	p. 531
Extract from the Rivers and Harbors Appropriation Act of 1899, as Amended	p. 532
Extract from the Oil Pollution Act of 1990	p. 533
Overview of Coastal State Laws on Oil Pollution Damages and Cleanup	p. 537
International Conventions	p. 541
Extract from Annex to the Safety of Life at Sea Convention, 1974 (SOLAS 1974)	p. 541
International Convention for the Unification of Certain Rules of Law with Respect to Collisions between Vessels	p. 544
International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision	p. 547
International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation	p. 549
International Convention on Limitation of Liability for Maritime Claims	p. 550
Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims, 1976	p. 558
Extract from the International Convention Relating to the Arrest of Sea-Going Ships, 1952	p. 563
Extracts from Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW)	p. 567
The C.M.I. Lisbon Rules on Compensation for Damages in Collision Cases, 1987 (6 Benedict Doc. No. 3-4A)	p. 573
C.M.I. Draft Convention for the Unification of Certain Rules Concerning Civil Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments in Matters of Collision	p. 578
Lloyd's Standard Form of Salvage Agreement (L.O.F. 1995)	p. 582
Illustrations of Adjustments in Both-to-Blame Collision Cases	p. 591
American Institute Hull Clauses	p. 595
Preliminary Acts	p. 606
Extract from The Master's Role on Collecting Evidence	p. 609
Bibliography	p. 614
Index	p. 616
Table of Contents provided by Syndetics. All Rights Reserved.

Law of Marine Collision

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