Welcome to the NavList Message Boards.


A Community Devoted to the Preservation and Practice of Celestial Navigation and Other Methods of Traditional Wayfinding

Compose Your Message

Add Images & Files
    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]
    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 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
    =-=  TO UNSUBSCRIBE, send this message to majordomo@XXX.XXX:     =-=
    =-=      unsubscribe navigation                                         =-=

    Browse Files

    Drop Files


    What is NavList?

    Join NavList

    (please, no nicknames or handles)
    Do you want to receive all group messages by email?
    Yes No

    You can also join by posting. Your first on-topic post automatically makes you a member.

    Posting Code

    Enter the email address associated with your NavList messages. Your posting code will be emailed to you immediately.

    Email Settings

    Posting Code:

    Custom Index

    Start date: (yyyymm dd)
    End date: (yyyymm dd)

    Visit this site
    Visit this site
    Visit this site
    Visit this site
    Visit this site
    Visit this site