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A Community Devoted to the Preservation and Practice of Celestial Navigation and Other Methods of Traditional Wayfinding
Re: Rules of the Road While Backing
From: Jonathon C McLendon
Date: 1999 Feb 10, 09:08 EST
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] MIME-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Content-Length: 1943 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 ------------------------------------------------------------------- "Things should be made as simple as possible, but not any simpler." Albert Einstein - spam bait follows -> sales@XXX.XXX admin@XXX.XXX flossy@XXX.XXX =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-= =-= TO UNSUBSCRIBE, send this message to majordomo@XXX.XXX: =-= =-= navigation =-= =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-= </PRE>
