[ApS]

Originally Posted by NoRegrets

"...If you can keep your thinking open to observation and react to the situation you can assist constructively. The deer did nothing wrong but could have caused a collision the same as the sailboat or the boat set adrift..."

Exactly.

Among other hazards, Rule-5 was established to address "vessels cast adrift", deer swimming after dark, plus other unlighted obstructions and hazards.

The below quote includes passengers in the keeping of a proper look-out. The author omits a mention of a lanyard as a safety item; however, I agree with the following excerpt—all the emphases are mine:

Rule #5 – A Proper Look Out

...Rule #5 of both the International and Inland Rules states that “Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.”

This Rule is without question, one of the most important rules to follow in the prevention of collisions. Nothing could be more positive than the obligation to keep a proper look-out. Failure to do so is castigated by the courts. This Rule is undoubtedly as applicable to the boats of the motor and sail class as to ocean vessels.

The obligation should be regarded as applying at all times when underway, day or night, and even, under some circumstances, when at anchor. Although the Rules do not specify a watch on a vessel at anchor, it is a seamanlike action to check anchor lights, anchor bearings, the onset of restricted visibility and to provide for a capability to warn off an approaching vessel.

A look-out has been defined by the federal court as “a person who is specially charged with the duty of observing the lights, sounds, echoes, or any obstruction to navigation with the thoroughness that the circumstances permit. The words specially charged imply that such person shall have no other duties that detract in any way from the keeping of a proper look-out.”

It has been held in numerous federal court cases that because the look-out must devote his or her attention to this duty, the officer of the deck or the helmsman cannot properly serve as look-out.

“Clearly then, the duties of the look-out and helmsman are separate, and the helmsman should not be considered the person on look-out while steering, other than in the smallest of vessels where an all-around view is provided at the steering position. Whoever is keeping a look-out must be able to give full attention to that task, and no duties should be assigned or undertaken that would interfere with keeping a proper look-out.”

In my opinion, every vessel, regardless of size or configuration, and regardless of having an all-around view from the steering position, should at all times, maintain a proper look-out who is not the helmsman. It is simply a matter of safety and proper seamanship.

All too often, distractions cause the operator of a vessel to focus in different directions. Waterways are littered with debris, Aids to Navigation at night, in restricted visibility and caught in the reflection of the sun are difficult to see. Busy waterways have boaters traveling in all different directions and many are more concerned with their guests than with their bearing.

Operating a vessel, large or small, is a huge responsibility. As captain, you are responsible for your vessel…you alone. You are responsible for its passengers and crew, for its actions, for its wake. You are responsible for the safety of the swimmers near your vessel, for the boaters on a reciprocal course with yours who are not following the Rules…why then, would you not keep a proper look-out to aid your ability to navigate safely...?


Respectfully,


Charles J. Morris - President American Boat Captains, LLC
http://americanmarinesupply.com/blog...le-5-look-out/