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Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance

Received: 17 April 2022    Accepted: 9 May 2022    Published: 19 May 2022
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Abstract

Collisions between anchored ships and ships under way at sea often occur. In the handling of collision accidents at sea, anchored vessels are often mistaken for not being liable for collision losses or only bearing a small proportion of liability due to their limited maneuverability. When a vessel under way collides with an anchored vessel, whether the latter has the duty and responsibility to take appropriate actions to avoid the collision is directly related to the determination of the responsibility of the collision between the two vessels. By analyzing international conventions, regulations and local laws and regulations related to ship collision, this paper sorts out the requirements for anchoring ships in avoiding collision, and analyzes the limitations of anchoring ships in avoiding collision by means of navigation simulator. Collision of ships is a kind of tort, and the undertaking of responsibility depends on the degree of the fault. This paper also analyzes the possible faults of anchoring ships, and the reasonable responsibilities to be taken by anchored vessels in a collision by combining the requirements of laws and regulations on the duty of care of anchored vessels, and put forward reasonable measures to be taken in avoiding collision by anchored vessels, in order to provide references to the ship crew, ship manager and owners.

Published in American Journal of Traffic and Transportation Engineering (Volume 7, Issue 3)
DOI 10.11648/j.ajtte.20220703.12
Page(s) 56-61
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Anchored Vessels, Collisions, Faults, Obligations and Responsibilities, Watch-Keeping

References
[1] Marsden on Collision at Sea, Sweet & Maxwell, 1998.
[2] A N Cockcroft and J N F Lameijer. A Guide to the Collision Avoidance Rules [M], 6th edition, Elsevier Butterworth-Heinemann, 2003.
[3] Hou Guobin, Wang Deling, Geng Hejun, An Ji. Analysis of the fault of the anchorage ship in the collision accident and recommendations for action [J]. World Shipping, 2020, 43 (12): 23-26. DOI: 10.16176/j.cnki.21-1284.2020.12.004.
[4] Shan Dan. The Liability of anchorage vessels in a collision -- PICC P&C Tianjin Branch sued Rongcheng Hairun Shipping Co., Ltd. and other ship collision liability disputes [J]. Navigation, 2020 (4): 16-18.
[5] Simon Gault, Steven J. Hazelwood, Andrew Tetten-born and Glen Plant. Marsden Collisions at Sea [M]. London. Athenaeum Press Ltd. 2003.
[6] Zhang Pengfei, Zhao Jinsong. Discussion on Responsibilities for Anchored Vessels to Avoid Collision [J]. Navigation of China, 2013, 36 (01): 140-142.
[7] China Shipowners Mutual Assurance Association. Analysis of 108 marine investigation reports on ship collision accidents [R]. Jan 20, 2020. www.ship.sh/column_article.php?id=4139.
[8] Lv Jing. A brief analysis of ship collisions and attribution of liability [J]. Pearl River Water Transport, 2005, (05): 37-38. DOI: 10.14125/j.cnki.zjsy.2005.05.023.
[9] Zhang Pengfei, Zhao Jinsong. Discussion on the obligation of anchored vessels to avoid collisions under COLREG [J]. Marine Technology, 2012, (04): 71-72.
[10] ZHANG Liguang, LIN Dongxin, SHI Hong-liang, CUI Guoshan. The Analysis and Prevention of Anchorage Ship Accident in Nantong Jurisdiction of Yangtze River [J]. Logistics Engineering and Management, 2012, 34 (12): 132-133. DOI: 10.3969/j.issn.1674-4993.2012.12.055.
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[12] Chen Yupeng. Study on the Concept of “Anchor” and Proper Operation [J]. Navigation of Tianjin, 1997 (2): 1-2.
[13] Rao Zhongxiang. On the New Concept of Collision and Its Practical Value [J]. Journal of Law Application, 1993 (1): 26-27.
[14] Xu Shaohong. The elementary introduction of ship collisions in anchorages and nearby waters [J]. Marine Technology, 1996, (01): 12-13.
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Cite This Article
  • APA Style

    Luo Jie, Ni Zhangfeng, Sun Hao, Zhang Peng. (2022). Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance. American Journal of Traffic and Transportation Engineering, 7(3), 56-61. https://doi.org/10.11648/j.ajtte.20220703.12

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    ACS Style

    Luo Jie; Ni Zhangfeng; Sun Hao; Zhang Peng. Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance. Am. J. Traffic Transp. Eng. 2022, 7(3), 56-61. doi: 10.11648/j.ajtte.20220703.12

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    AMA Style

    Luo Jie, Ni Zhangfeng, Sun Hao, Zhang Peng. Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance. Am J Traffic Transp Eng. 2022;7(3):56-61. doi: 10.11648/j.ajtte.20220703.12

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  • @article{10.11648/j.ajtte.20220703.12,
      author = {Luo Jie and Ni Zhangfeng and Sun Hao and Zhang Peng},
      title = {Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance},
      journal = {American Journal of Traffic and Transportation Engineering},
      volume = {7},
      number = {3},
      pages = {56-61},
      doi = {10.11648/j.ajtte.20220703.12},
      url = {https://doi.org/10.11648/j.ajtte.20220703.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajtte.20220703.12},
      abstract = {Collisions between anchored ships and ships under way at sea often occur. In the handling of collision accidents at sea, anchored vessels are often mistaken for not being liable for collision losses or only bearing a small proportion of liability due to their limited maneuverability. When a vessel under way collides with an anchored vessel, whether the latter has the duty and responsibility to take appropriate actions to avoid the collision is directly related to the determination of the responsibility of the collision between the two vessels. By analyzing international conventions, regulations and local laws and regulations related to ship collision, this paper sorts out the requirements for anchoring ships in avoiding collision, and analyzes the limitations of anchoring ships in avoiding collision by means of navigation simulator. Collision of ships is a kind of tort, and the undertaking of responsibility depends on the degree of the fault. This paper also analyzes the possible faults of anchoring ships, and the reasonable responsibilities to be taken by anchored vessels in a collision by combining the requirements of laws and regulations on the duty of care of anchored vessels, and put forward reasonable measures to be taken in avoiding collision by anchored vessels, in order to provide references to the ship crew, ship manager and owners.},
     year = {2022}
    }
    

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  • TY  - JOUR
    T1  - Analysis of the Obligations and Responsibilities of Anchored Vessels in Vessel Collision Avoidance
    AU  - Luo Jie
    AU  - Ni Zhangfeng
    AU  - Sun Hao
    AU  - Zhang Peng
    Y1  - 2022/05/19
    PY  - 2022
    N1  - https://doi.org/10.11648/j.ajtte.20220703.12
    DO  - 10.11648/j.ajtte.20220703.12
    T2  - American Journal of Traffic and Transportation Engineering
    JF  - American Journal of Traffic and Transportation Engineering
    JO  - American Journal of Traffic and Transportation Engineering
    SP  - 56
    EP  - 61
    PB  - Science Publishing Group
    SN  - 2578-8604
    UR  - https://doi.org/10.11648/j.ajtte.20220703.12
    AB  - Collisions between anchored ships and ships under way at sea often occur. In the handling of collision accidents at sea, anchored vessels are often mistaken for not being liable for collision losses or only bearing a small proportion of liability due to their limited maneuverability. When a vessel under way collides with an anchored vessel, whether the latter has the duty and responsibility to take appropriate actions to avoid the collision is directly related to the determination of the responsibility of the collision between the two vessels. By analyzing international conventions, regulations and local laws and regulations related to ship collision, this paper sorts out the requirements for anchoring ships in avoiding collision, and analyzes the limitations of anchoring ships in avoiding collision by means of navigation simulator. Collision of ships is a kind of tort, and the undertaking of responsibility depends on the degree of the fault. This paper also analyzes the possible faults of anchoring ships, and the reasonable responsibilities to be taken by anchored vessels in a collision by combining the requirements of laws and regulations on the duty of care of anchored vessels, and put forward reasonable measures to be taken in avoiding collision by anchored vessels, in order to provide references to the ship crew, ship manager and owners.
    VL  - 7
    IS  - 3
    ER  - 

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Author Information
  • Merchant Marine College, Shanghai Maritime University, Shanghai, China

  • Ningbo Pilot Station, Ningbo, China

  • Shanghai Maritime Safety Administration, Shanghai, China

  • Ningbo Pilot Station, Ningbo, China

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