UNDERWAY VS MAKING WAY WHAT TO USE ??

Before I answer this first we need to clarify few things.

AIS REGULATION

As per SOLAS Chapter V Reg 19 states that necessity of fitting an AIS. The technical and operational standards are ruled by a number of different guidelines and IMO recommendations ( IMO 1998;2001).

In addition to those of the International Telecommunication Union (ITU), the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) and the International Electrotechnical Commission (IEC).

Following these criteria the AIS " NAVIGATIONAL STATUS" menu offers seafarers a number of fixed options to report the Navigational State to the traffic and maritime authorities.

It gives vessels the opportunity to choose the 'UNDERWAY USING ENGINE' option.

When vessel is drifting this option does not exactly make reference to their current manoeuvre state because at those moments the engine is not being used.

Moreover if we add that the different options of the AIS "NAVIGATIONAL STATUS" menu are related to the COLREGs and both IMO & IALA recommend that the option chosen in AIS has to be in accordance with the lights and shapes that the vessel is exhibiting.

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THE PARADOX

Rules consider a drifting vessel to be an underway vessel. Although the vessel may not be using her engine, it is her duty to have it ready in case it should be needed to avoid a collision.

But the expression "using engine" means not only the effective use of the engine but also the possibility to start it at any given time.

CONCLUSION

As first user it gives moral authority to disagree & demand some specific changes. As the AIS 'NAVIGATIONAL STATUS' menu has a number of blank options (Specifically from 11 to 14) which are reserved for future use.

Recommend introducing a modification that could allow the user to choose a new option stating 'underway but engine stopped'.

In this sense the seafarer would have an alternative option without contradicting the COLREGs.

WHAT COLREG STATES !!!

RULE 3 (i) of COLREGs states :-

The word 'UNDERWAY' means that a vessel is not at anchor, or made fast to the shore, or aground.

Obvious definition but different interpretations to the point Maritime Safety Committee (MSC) of IMO has issued further guidelines.

To find a homogenous interpretation of the concept......

IT HAS BEEN MADE CLEAR THAT A STOPPED VESSEL WITH NO ENGINE OR STEERING PROBLEMS IS CONSIDERED TO BE AN UNDERWAY VESSEL. (IMO 1982)

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SHALL EXHIBIT LIGHT & SHAPES AS PER RULES 23, BECAUSE THE TERM UNDERWAY INCLUDES WHEN THE VESSEL IS "MAKING WAY THROUGH WATER" BUT ALSO WHEN IT IS "MAKING NO WAY THROUGH WATER" (AS STATED IN RULE 35 (a) & 35 (b).

Underway is not SYNONYM for Making way.

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THE INCIDENT: DISPLAYING NUC LIGHT

Brief : Open Sea, The Ship is to drift until it is necessary to resume passage.

• The Captain state he require NUC lights to be exhibited while the ship was drifting.

The legality suggest stopping by choice did not make the ship 'NUC' as defined by Rule 3(f).

• The Captain insisted that the ship was not under command if the Main Engine were not available immediately.
• Whatever the cause his concern was with the engine stopped the ship would not be able avoid collision.

The obvious answer is to have the main engines available at sufficiently short notice to enable any necessary action to be taken and if stopping the main engines places the ship into any danger, they should not be stopped.

A DISCUSSION

A discussion followed and a copy of the International Regulations for the Prevention of Collisions art Sea was produced.

• RULE 3(i) defining a vessel underway seemed clear enough as did.
• RULE 23(a) defining the lights to be exhibited by a vessel underway.

WHETHER THE VESSEL IS MAKING WAY OR NOT IS IMMATERIAL.

THE QUESTION: Whether or not to extinguish the side lights once the vessel was no longer making way the arose ??

The officers remained divided in their interpretation of the requirement to show sidelights if not actually making way and to settle matters, sought the opinion of their National Maritime Authority.

THE REPLY IS INTERESTING.

Dear Sirs,

Reference is made to your email with questions of how to read Rule 27. Please note that the definition of a vessel not under command is given in Rule 3(f).

In order to conclude :

If you have stopped your engines just to kill time, with the engines ready, the NUC lights should not be exhibited. The normal running lights should be shown. If the ship does not make way through the water the side lights should not be exhibited.

FEEDBACK

It seems pretty straightforward that "CONVENIENCE" does not purport to be 'an unusual circumstance' thus NUC light are not warranted in the given situation. Additionally and for exactly the same reason, extinguishing side lights under that situation would be equally illegal.

The Rules take great pains to distinguish "underway" from "underway and making way" for NUC/RAM (Rule 27-b-iii) and Fishing (26-c-iii) lights - in those cases sidelights not being shown unless making way.

It follows then that since the vessel in question is just a Power driven Vessel underway-all appropriate running lights are mandated, way-on or not.

Source: - MARS REPORT 20043