these Rules to a given situation. It should be also borne in mind that the efficiency of actions prescribed by these Rules depends to a large extent upon a very essential factor which is often overlooked by young officers. The actions should be taken in ample time to provide for perfect security
and safety.
A sound knowledge of these rules is also very important for another reason. Inasmuch as the Rules of the Road are universally adopted and must be obeyed by all ships irrespective of flag, ownership, size and service this knowledge will help a mariner to prove at any court that his actions were quite correct and reasonable. It will also help him to show fault on the part of the other vessel should he be involved in the collision predicament.
An intelligent seaman should also know how these Rules are interpreted at the court, so to say, from the juridical point of view. He should acquaint himself with the court interpretation of such terms as "inevitable accident", "moderate speed", "efficient whistle", "flareup light", "proper lookout", "special circumstances", "immediate danger", "ordinary practice of seamen", "risk of collision", etc., as this will greatly assist him in understanding the court proceedings and procedure better.
DIALOGUES
1
AGENT. Good afternoon, sir. Please meet the captain of a Russian ship, Pobeda, Mr Petrov. We've come here in connection with an unfortunate accident that has occurred today.
CAPTAIN OF A FOREIGN SHIP. Glad to know you, sir. My name is Wilson. You are welcome. Will you take a seat, please?
PETROV. Thank you, Mr Wilson. I am extremely sorry for the accident. Unfortunately, we have been the unintentional cause of damage to
your ship.
WILSON. Yes, I know that. The chief officer reported to me about that. I was out at that time. How did it happen?
PETROV. You see, the port tug was bringing us alongside to get moored next to your berth. The wind was inshore and pretty strong at that time. Just at the moment when our stern was abreast of your bow the tug's hawser parted and the wind pressed my ship against your ship's side.
WILSON. Do you mean that was the tug's fault?
PETROV. Well, fault or no fault, but the hirer has to pay for the damage, as the law says.
WILSON. Oh, you know the law pretty well, that's worthy of praise,
especially with such a young person as you are. Am I to understand that you are willing to compensate for the damage?
PETROV. Certainly, we are. We have to. That's why we have come here to arrange that business with you.
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WILSON. I'm very glad, indeed. It'll save me a lot of trouble. Would you
like to see for yourself the scope of the damage? PETROV. Yes, let's go. Was there much damage caused?
WILSON. They say the impact was rather heavy. Five port-lights were broken. The starboard gangway was crumpled. The jib boom was badly bent, part of bulwark crushed and two dents caused in the plating, to say nothing of the painting which was bruised.
PETROV. Sad case! How shall we arrange about repairs? Am I to ask our agent, Mr Petterson, to send an engineer from the repair shop aboard your ship?
WILSON. If you don't mind, I would rather have an engineer from Messrs Starland & Co., with whom we've been connected for many years.
PETROV. Why not. It's up to you to choose the firm you rely upon. WILSON. Then, that's settled. I'll let you know beforehand when their
engineer is to come, so that you might fix with him about the costs of repairs and the payment of the bill.
PETROV. All right, let's do it that way, if it suits you. Oh, here we've come to the spot. Yes, the damage is exactly as you say. I'm really sorry to have caused you so much trouble, although it wasn't our fault
altogether.
WILSON. Well, as the saying goes, "What's done can't be undone".
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JOHNSON. Let me introduce myself, sir. I am the captain of the m/v Hamstead. Johnson is my name. I suppose you guess the reason of my visit.
MIKHAILOV. Pleased to meet you, Mr Johnson. Come in. I think I won't be wrong, if I say that you have come in connection with the collision.
JOHNSON. That's it. The fact is that we are very sorry for the morning accident. I've brought an engineer from the local shipyard to see how
the damages can be repaired. It goes without saying that we shall pay all the expenses.
MIKHAILOV. Very well, sir. Shall we call in an official surveyor to draw
up the list of damages?
JOHNSON. Well, I don't know whether this formality is necessary at all. As to me, I don't care for any official document, and I presume, we can manage all the business ourselves. Anyhow, this depends upon you; you are to decide the question.
MIKHAILOV. If you don't mind, I think we had better call in a surveyor; it will save us both a lot of trouble and misunderstanding. The more so, I expect a surveyor to come shortly here in connection with other business matters. Our agent has arranged with him to come by 12 o'clock today. So, if, you can spare half an hour more, let us wait for them.
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3
JOHNSON. So, we may now all go and see on the spot what should be done.
MIKHAILOV. Certainly, let us waste no time, I am sorry to have kept
you both this half an hour. Come along.
JOHNSON. Well, it's clear both to the engineer and to me what's to be done. What are your demands?
MIKHAILOV. First of all, we want these sheets of plating replaced and welded. They should be then coated and painted. All the three dents in the plating should be straightened and coated and painted too. The deformed parts of stringers must be either straightened or cut out and replaced by new ones. And what's the surveyor's opinion?
SURVEYOR. My opinion is the same as yours. Besides, I have put down here some minor repairs to be done. I want all of you, gentlemen, to look through this official statement and sign your names.
M1KHAILOV (having looked through the statement). To my mind, you have not missed anything. Thank you very much. Where am I to sign my name? Oh, here? Yes, I see. Thanks a lot. Will you, Mr Johnson, see this statement and state your opinion, too?
JOHNSON. I have no objection either. Shall we take the surveyor's statement as a basis for all the repairs to be done?
MIKHAILOV. I think, we shall.
JOHNSON. Then, everything is settled and, as they say, "both parties have come to a mutual understanding and agreement". I am glad we are through with this business.
4
CAPTAIN. Well, Mr Dickson, as you have probably heard, we collided with a British ship, the m/v Oarsman, on the way here and sustained heavy loss. I reported at once to my owners and they instructed me to bring an action against that ship. As there is no Soviet Consulate here, I expect you to help me with the formalities.
AGENT. Of course. I'll do my utmost to help you. To tell you the truth, I've heard some rumours in the Port Office, but they are all rather
contradictory. How did it happen?
CAPTAIN. To be short, it was like this. We were caught in a very thick fog near the Pentret Point. Naturally, we reduced speed at once "to slow speed" and started to give fog signals before we entered the fog area, as prescribed in the Rules of the Road. The radar was switched on, and in a while we spotted an oncoming vessel. She was proceeding at high speed, violating the Rules. Soon, because of a wrong manoeuvre, she ran against our ship. That's how it happened.
AGENT. I see. Has the cargo been damaged?
CAPTAIN. Yes, the water penetrated through the rent into Hold No. 3 and, I suppose, a number of bags of rice got soaked.
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AGENT. Then the first thing to do is to note a sea protest. After that I'll take you to a lawyer, Mr Swanson. He is an old hand at this business and I think he will be willing to act as your solicitor. There is a lot of clerical work to be done which neither you nor I could cope with. By the way, have you entered all the circumstances of the collision in your log book?
CAPTAIN. Certainly, we have. It's our duty to do so.
AGENT. That's very good. Now, are you prepared to go there right away? We must see the lawyer before the working day is over.
CAPTAIN. Yes, I can be ready in 10 minutes. What shall I take to show the lawyer?
AGENT. Well, first of all, take your log book. Don't fail to take your engine-room log book too. Then I would advise you to make a list of witnesses whom you are going to adduce. State their names, age, and the places where they are domiciled. The lawyer will need all these data to get from the court formal summons to the witnesses.
CAPTAIN. Is that all that I should take along?
AGENT. I think that's about all. Oh, yes, I have quite forgotten. Take the statement of the sea protest, we'll drop in on the way to Mr Swanson at the Notary Office to have it lodged.
5
CAPTAIN. Let us settle this dispute in an amicable way. You don't deny that your boat came too close to my ship and broke the ladder.
SKIPPER. No, we don't deny that.
CAPTAIN. You don't deny that you have caused us the damage. SKIPPER. No, we don't. But that was through no fault of ours. You know
the gust of wind pressed our ship against yours and we couldn't help it. It was absolutely unexpected.
CAPTAIN. At all events you had to keep at a safe distance from my ship, wind or no wind. Thus the responsibility for this accident rests with you. I think you understand how unreasonable you are. The damage was done and I have to demand compensation for the loss. If you are not willing to pay for the damage, I shall have to go to law.
SKIPPER. I understand your attitude, sir, but still I must repudiate your claim.
CAPTAIN. I am sorry, I see no alternative but to bring an action against your company.
6
CAPTAIN. You are welcome, Mr Dobson, come in please. I understand that you represent the local branch of the P. & I. Club, don't you?
MR DOBSON. Yes, sir, that's right. Our Manager, Mr Charles, had had a telephone talk with you. He told me that you wanted my assistance.
CAPTAIN. Yes, Mr Charles told me that you could be very helpful. We have to settle the trouble we faced here quite unexpectedly.
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MR DOBSON. I suppose you mean the damage caused to the quay while you were getting moored. Am I right?
CAPTAIN. Yes, you are. I just meant that. You see, it isn't just the fact of damage itself. The point is that the port authorities require too big an
amount to cover that damage.
MR DOBSON. Do they give any reason for that? CAPTAIN. No, they just say that we have to pay. MR DOBSON. How did it happen?
CAPTAIN. We were nearing the quay keeping at some angle to it. The weather was windy and the gust of wind pressed our ship against the quay's robbing piece. The timbers were evidently rotten and they broke at once. Now they say they have to replace the wooden robbing pieces all along the quay.
MR DOBSON. I see. Have you called for a surveyor?
CAPTAIN. No, we haven't yet. We are the first time in your port and we don't know anybody here.
MR DOBSON. Well, I think I'll do it myself. As soon as we get the surveyor's report I'll contact people in the port office. I hope we shall be able to manage that business.
LABORATORY EXERCISES
I. Listen to the text of the lesson again and answer the following questions:
1. Do accidents often occur at sea? 2. What may a ship sustain in collision? 3. What responsibility do we make the guilty party bear? 4. What do the captains do when the damage is insignificant? 5. What do they do in more embarrassing cases? 6. What is the usual court procedure? 7. Whom is the captain to report to of the accident? 8. Who brings an action against the opposing party? 9. What do the majority of accidents at sea result from? 10. What should the young officers thoroughly study to minimize the risk of collisions? 11. What should they perfectly understand? 12. Why should the actions prescribed by the Rules be taken in ample time? 13. Are the Rules of the Road adopted only in some parts of the world? 14. What ships should obey these Rules? 15. What may the knowledge of these Rules help a mariner to do? 16. What should an intelligent seaman know about these Rules from the juridical point of view?
II. (a) Change from direct into indirect speech using the model. Model: He said to us, "Will you pay for the damage?"
He asked us if we would pay for the damage.
1. They said to him, "Will you arrange that business?" 2. He said to them, "Will you choose the firm yourselves?" 3. The agent said to us, "Will you call in a surveyor?" 4. We said to the engineer, "Will you see to the repairs yourself?" 5. The surveyor said to us, "Will the captain look through the statement?"
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