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    Re: Rules of the Road While Backing
    From: Jonathon C McLendon
    Date: 1999 Feb 10, 09:08 EST

    Reply To: mclejc@XXX.XXX
    Organization: Alcatel Network Systems - ADSL Engineering
    From: mclejc@XXX.XXX (Jonathon C McLendon)
    X-Mailer: ELM [version 2.4 PL25]
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    Hello all,
    I suppose I could have worded things a little better.  "Override"
    is perhaps not the best choice of words.  The fact is that all
    of the applicable rules apply at all times. What I was referring
    to was an observation on my own part (not a statutory requirement)
    that the courts have seemed to give a higher precedence to lower
    numbered rules. Specifically, in my readings, I have found more
    decisions where the lower numbered rule, e.g. Rule 7, was held
    to be a causative factor and the higher numbered rule, e.g.
    Rule 18, was held to be non-causative.
    This could just be due to the judges opening the book and starting
    to read from the front.
    > Rule 13 says, NOTWITHSTANDING ANYTHING (contained in Rules 4 through 18)
    > any vessel overtaking any other shall keep out of the way of the vessel
    > being overtaken.  I take this to mean that lower rules do *not* override 13
    > - except for Rule 2 which discusses responsibility to comply with the Rules
    > and avoid danger.  Rules 1 and 3 address administration and definitions and
    > don't impact the Rule 13 override.
    It's sort of a circular logic don't you think? Paraphrasing Rule 13,
    it states that notwithstanding anything in Rule 13, ...
    One could ask if that means that Rule 13 itself does not apply?
    I suppose that means that I'm not the only one with the ability to choose
    ones words poorly.  In any case, I think we've beat this horse to death.
    John...
    <PRE>
    --
    John McLendon - V:919.850.5367 F:919.850.6670
    Alcatel Network Systems 		    mclejc@
    2912 Wake Forest Rd. Raleigh, NC 27609	aur.alcatel.com
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