Chapter 6: Nautical Rules of the Road
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Port: If a power-driven vessel approaches within this sector, maintain with caution, your course and speed. |
Starboard: If any vessel approaches within this sector,
keep out of its way.
(Note: This rule may not always apply if one or both vessels are sailboats.) |
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Stern: If any vessel approaches this sector, maintain with caution, your course and speed. |
Operating Rules
Boat operation is subject to a series of rules similar to those governing road traffic. The Collision Regulations and the Criminal Code
of Canada are two valuable sources of information for anyone interested in more details on the regulations governing the operation of a vessel.
The following are a few of the many rules they set down.
Rules of the Road
The rules of the road in navigation are often similar to the rules on land. The Collision Regulations contain many rules pertaining to
navigation; however, four rules are basic to navigation.
A boat that is overtaking another must steer clear of the overtaken vessel’s path.
A vessel approaching from the port side must give way. (A) keeps clear of and must avoid crossing ahead of (B).
When two vessels are heading toward each other, each must reroute and pass to the right of the other. (A) blows one blast and alters course
to starboard, (B) blows one blast and alters course to starboard.
As a general rule, rowboats, sailing vessels and canoes have the right-of-way over power- driven boats. However, if one vessel is unable
to maneuver as it normally would, the most maneuverable vessel gives way.
Responsibility for avoiding collisions is shared by everyone using the waterway. Common sense must be used along with alertness and caution.
The concept of taking early and substantial action must be applied in all cases.
Alertness
The Collision Regulations requires that anyone operating a vessel be constantly on the alert, both in sight and sound.
Operating a vessel requires the operator’s sustained attention; operators must be constantly alert and watchful to everything around them.
Not only must they take account of what is happening in front, behind and on both sides of them, like a road vehicle driver, but they
must also pay attention to what is under them. A single glance at the sky is enough to see the early signs of bad weather, or perceive
impending dangers (electrical wires or others).
The water surface can also conceal dangers: tree trunks, water plants, rocks near the surface, etc. For that reason, they required deep concentration
when operating a boat. This alertness allows the operator to adjust speed to boating conditions, and thereby enhance the safety of the
operator and of others.
The Effect of Waves
One of the rules governing the operation of a vessel is that “every vessel is responsible for the effects of its wake.” Boat
operators must therefore ensure that the wake of their vessel does not endanger nearby pleasure boaters or cause property damage to their vessels.
Boaters coming to help must not compound the circumstances of an accident or, for that matter, cause another one. The effect of the boat’s
wake is extremely important when approaching the victim. Steps must be taken to ensure the wake is not so high that it washes over the
victim.
Lastly, pleasure craft operators must know that they cannot interfere with marine signals, as stipulated in section 439 of the Criminal Code
of Canada, by:
- mooring the vessel to a signal, buoy or other sea-mark used for navigation; or
- willfully altering, removing or concealing a signal, buoy or other sea-mark.
Provisions of the Collision Regulations pertaining to the conduct of pleasure craft in sight of other vessels.
Know that the operator of a pleasure sailing craft, that has the wind on the port side, shall take early and substantial action to keep well
clear of other sailing vessels as described in the Collision regulations, Rules 12 and 16.
Know that the operator of a pleasure sailing craft, that has the wind on the same side and is to windward of other sailing vessels, shall take
early and substantial action to keep well clear of sailing vessels which are to leeward as described in the Collision Regulations, Rules 12
and 16.
Know that the operator of a pleasure sailing craft, that has the wind on the port side and cannot determine with certainty whether other sailing
vessels to windward have the wind on the port or on the starboard side, shall take early and substantial action to keep well clear of the sailing
vessels as described in the collision Regulations, Rules 12 and 16.
Know that the operator of a pleasure craft shall take early and substantial action to keep well clear of vessels being overtaken as described
in the Collision Regulations, Rules 13 and 16.
Know that the operator of a pleasure craft, which has other power driven vessels on his/her own starboard side and cross them so as to involve
risk of collision, shall take early and substantial action to keep well clear and shall, if the circumstances of the case admit, avoid crossing
ahead of the other vessels as described in the Collision Regulations, Rules 15 and 16.
Boating and Alcohol
Drinking alcohol in a boat is no less dangerous than in a car. The effects of the sun and wind, combined with the use of alcohol, seriously
distorts judgment and dulls the reflexes. Unfortunately, alcohol is a factor in a high percentage of fatal boating accidents. In
December 1985, major amendments to the Criminal Code of Canada took force in regard to vessels. These amendments led to more severe police
action, especially for offences committed under the influence of alcohol.
Dangerous Driving
Section 249(1)b of the Criminal Code of Canada provides:
“Everyone commits an offence who operates a vessel or any water skis, surf-board, water sled or other towed object on or over any of the
internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances,
including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those
waters or sea;”
Everyone one who commits an offence under this section may be sentenced to imprisonment for a term not exceeding five years.
If the offence caused bodily harm to another person, the length of imprisonment may be up to ten years.
If the offence caused the death of another person, the person who committed the offence is liable to imprisonment for a term of up to fourteen
years.
Section 250(1) of the Criminal Code of Canada also provides:
Another responsible person must be on board a vessel to keep watch on any person being towed.
Impairment
The most radical change to the Criminal Code of Canada, 1985, in regard to boating concerns the operation of boats by impaired persons.
Section 253 of the Criminal Code of Canada provides:
“Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway
equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
- while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
- having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred
millilitres of blood.”
The Criminal Code amendments allow officers of the peace who have reasonable grounds to suspect that a boat operator has used alcohol to request
that such operator take a breathalyser test, just as they would for a car driver.
Now, there is no distinction between driving a car and driving a boat if the operator is impaired; the offence is the same. Refusal by
a car driver or boat operator to take a breathalyser test is also an offence.
The sentences involved in committing the offence of driving while impaired are the same for boats or cars. For a first offence, the minimum
sentence is $600. For a second offence, the minimum sentence is 14 days of imprisonment. For each subsequent offence, the offender
may be imprisoned for at least 90 days.
These above convictions reflect minimum sentences. Whenever bodily harm is involved, the Court is free to impose a sentence of imprisonment
of up to 10 years. If the offence results in the death of another person, the sentence of imprisonment can be as long as imprisonment
for life.
In addition to the above sentences, the Courts can prohibit the convicted person from operating a boat for at least three months. Anyone
found operating a boat while under such a suspension is liable to two years of imprisonment.
Although the Courts cannot suspend the operating license of a person found guilty of a boat operation offence, they may and must prohibit such
persons from operating a boat for at least three months.
For an offence set out in the Criminal Code providing a minimum sentence of 14 days of imprisonment for a second offence, the two offences need
not have been committed in the same circumstances. In other words, if a person was guilty of driving a boat while impaired and later a
vehicle, or vice versa, the second time would be considered a second offence, and the offender would spend at least fourteen days in prison.
Obviously, the same reasoning applies to any subsequent offence.
The offence of “Careless Operation of a Vessel”, has been added to the Small Vessel Regulations. An operator who is doing any
of the following could be charged:
- traveling in a way that could adversely affect the safety of people or property considering the weather, boat traffic, hazards or potential
hazards, or the number of people around the boat
- operating a vessel in a careless manner, without consideration for other people or for the factors listed immediately above.
Others have been added to the Criminal Code of Canada:
- operating a vessel dangerously
- operating a vessel when impaired
- towing water skiers improperly
- failing to stop at the scene of an accident
- operating an unseaworthy vessel
Here are a few myths and realities about boating and alcohol (based on the brochure “Water and Alcohol - Myths and Realities” published
by the Canadian Red Cross Society).
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