Comment by throwway120385
20 hours ago
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.
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.
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?
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.