(erielack) #3570, tug Nazareth vs Newark Bay Draw

[harebridle_@_aol.com]

J.HENRY'S post was very interesting, to me.

"Nothing in these rules shall exonerate......." in maritime circles, is known commonly as the Geeral Prudential Rule.

When I took my license in March of 1965, I memorized the Inland Rules, as well as their differences  from the

International and the Pilot Rules; the Pilot rules promulgated by the Army Engineers, covered traffic in NY Harbor, and were what required white lights on the outer corners of barges towed, in the harbor, alongside. There was no mention of a light on any crane boom; other such lights which could cause confusion, were prohibited elsewhere in the Rules.

In addition to the Rules, one was also required to be aware of the Courts' interpretationa of them. FARWELLS, published by the US Naval Institute, was the bible for those. It was stressed, among others, that there was ALWAYS

a responcability to have a lookout, who had no other duties, posted forward and as low as  possible; however, it was

common practice to "overlook" this obligation, in good visibilty, at one's peril.

It is also ineresting to know of a court decision, that there is no violation of the Rules, if no collision occurs, since the

preamble of the Rules states specifically that their purpose is to PREVENT collisions.

I acomplished the Rules' memorization in about 3 weeks, and can yet quote many, word for word.

There is also another interpretation, that a draw must fully open for a vessel passage, altho this POSSIBLY came into

effect after the Bay Draw half-opened for the SAND CAPTAIN, allowing the CNJ passenger train to take a bath later.

If the draw had been fully opened, this train would have hit the counter-weight, instead of taking a swim, but that's

another story.

73's


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