RULE 9
Narrow channels
(a) A vessel proceeding along the course of a narrow channel or fairway shall
keep as near to the outer limit of the channel or fairway which lies on her
starboard side as is safe and practicable.
(b) A vessel of less than 20 metres in length or a sailing vessel shall not impede
the passage of a vessel which can safely navigate only within a narrow
channel or fairway.
(c) A vessel engaged in fishing shall not impede the passage of any other vessel
navigating within a narrow channel or fairway.
(d) A vessel shall not cross a narrow channel or fairway if such crossing impedes
the passage of a vessel which can safely navigate only within such channel or
fairway. The latter vessel may use the sound signal prescribed in Rule 34(d) if
in doubt as to the intention of the crossing vessel.
(e) (i) In a narrow channel or fairway when overtaking can take place only if
the vessel to be overtaken has to take action to permit safe passing, the
vessel intending to overtake shall indicate her intention by sounding the
appropriate signal prescribed in Rule 34(c)(i). The vessel to be overtaken
shall, if in agreement, sound the appropriate signal prescribed in Rule
34(c)(ii) and take steps to permit safe passing. If in doubt she may sound
the signals prescribed in Rule 34(d).
(ii) This Rule does not relieve the overtaking vessel of her obligation under
Rule 13.
(f) A vessel nearing a bend or an area of a narrow channel or fairway where
other vessels may be obscured by an intervening obstruction shall navigate
with particular alertness and caution and shall sound the appropriate signal
prescribed in Rule 34(e).
(g) Any vessel shall, if the circumstances of the case admit, avoid anchoring in
a narrow channel.
COMMENT:
Narrow channels
The term ‘narrow channel’ is not easily defined. In deciding whether a particular
stretch of water is or is not a narrow channel the Courts take into account the evidence
Steering and sailing rules 45
as to the way in which seamen usually navigate the locality and the advice given by
the Elder Brethren. A narrow channel need not be of any particular length and does
not necessarily terminate at the last of the buoys or objects marking the channel. The
narrow channel rule has been held to apply to the passage between two piers and to
100 metres (yards) outwards beyond the objects marking a harbour entrance. It was
held not to apply to a recommended route between two buoys where vessels could
have gone outside them in safety.
Passages approximately 2 miles wide have sometimes been considered narrow
channels. In considering the passage between Duncansby Head and the Skerries in the
Pentland Firth (Anna Salen-Thorshovdi, 1954) Mr Justice Willmer said:
For myself, I certainly see difficulties in applying the ‘narrow channel’ rule to a
passage which is nearly four miles wide. I should hardly have thought that ‘narrow’
was the word to use for this passage, for it is not a particularly narrow passage.
In the Faith I-Independence (US Court, 1992) the passage between buoys at the
entrance to Delaware Bay, approximately 1.2 miles wide, was held not to be a narrow
channel but it was held that good seamanship and prudent navigation require that
every vessel keep to starboard if safe and practicable.
Rule 9 will apply to any narrow channel connected with the high seas which is
navigable by seagoing vessels unless there is an inconsistent local rule. It does not
apply to lanes of traffic separation schemes although such lanes may be relatively
narrow. Vessels using traffic separation schemes must comply with Rule 10.
Fairway
The term ‘fairway’ is generally used to refer to an open navigable passage of water, or
the channel dredged and maintained by the port authority. The fairway has been
considered to be the deep water channel which may be marked by pecked lines on the
chart for use by large vessels (The Crackshot, 1949) whereas the term ‘narrow
channel’ has been held to refer to the whole width of navigable water between the
lines of buoys (Koningin Juliana, 1973).
Proceeding along the course of a narrow channel
A vessel is only required to keep near to the outer limits on her starboard side when
proceeding along the course of the channel. She would, of course, be permitted to
cross the channel for such purposes as changing pilots or proceeding to a side channel
or berth which lies on the other side provided that such crossing does not impede the
passage of a vessel which can safely navigate only within the channel (Rule 9(d)).
Sailing vessels proceeding along the course of the channel are required to keep to
the starboard side so far as practicable. If it is not possible for them to keep close to
the outer limit because of the direction of the wind they must comply with Rule 9(b).
Keep near to the outer limit
16 окт 2022
