Comment by throwway120385
Comment by throwway120385 3 days 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.