Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents

Wang Xiaohua; Wang Deling; Hou Ruiying

doi:doi:10.11648/j.ijls.20200304.18

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Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents

Wang Xiaohua, Wang Deling, Hou Ruiying

Published in International Journal of Law and Society (Volume 3, Issue 4)

Received: 23 November 2020 Accepted: 4 December 2020 Published: 11 December 2020

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Abstract

When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.

Published in	International Journal of Law and Society (Volume 3, Issue 4)
DOI	10.11648/j.ijls.20200304.18
Page(s)	209-214
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

ship Collision, Anchored Ships, COLREG1972, Negligence and Faults, Liabilities

References

[1]	Zhang Hongkai. Research on Tort Liability of Ship Collision [D]. Dalian Maritime University, 2019.
[2]	The International Regulation for the preventing Collision at Sea 1972 (COLREG1972).
[3]	Zheng Yingxi."The legal effect of Rule 2 (a) of COLREG in Korean Legal System." DONG-A LAW REVIEW [J]. 62 (2014).
[4]	Tianding Han, Wanzheng Ai. Measures for the Safe Operation of Anchoring in a Storm [J]. IOP Conference Series: Materials Science and Engineering, 2018, 301 (1).
[5]	Zhang Pengfei, Zhao Jinsong. Discussion on the Obligation to Avoid Collision of Anchored Ships under COLREG1972 [J]. Marine Technology, 2012 (04): 71-72.
[6]	Shan Dan. Liability of Anchor Ships in Collision Accidents [J]. Navigation, 2020 (04): 16-18 (In Chinese).
[7]	Rules on Collision Avoidance in Inland Waters of The People's Republic of China.
[8]	Ship Routing System of the Yangtze River Shanghai Section.
[9]	Astrid Zekić, et al. "Analysis of the Level of Knowledge And Understanding of Regulations For Preventing Collisions At Sea." Scientific Journal of Maritime Research 29. 2 (2015).
[10]	Chen Hong. Discussion on Ship Safety Countermeasures in Fog Navigation Collision Accident [J]. Tianjin Navigation, 2018 (04): 16-17 (In Chinese).
[11]	Regulations on Watch-keeping for Seafarers of People's Republic of China.
[12]	Pang Kaihua, analysis of 108 maritime investigation reports on ship collision accidents, shipping trade Bulletin No. 35.
[13]	Du Lei, Valdez Banda Osiris A., Goerlandt Floris, et al. A COLREG-compliant ship collision alert system for stand-on vessels. 2020, 218.
[14]	Yang Zuojia. Discussion on Compliance with STCW Rules and COLREG1972 [J]. China Maritime Safty. 08 (2017): 41-43. doi: 10.16831/j.cnki.issn1673-2278.2017.08.017 (In Chinese).
[15]	Kang II Kwon, Kim Hyung Seok, Kim Min Seok, Kim Jeong Chang, Lee A Reum. Collision risk considering the international regulations for preventing collisions at sea, 1972 [J]. Journal of the Korean Society of Fisheries and Ocean Technology, 2009, 45 (2).

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APA Style

Wang Xiaohua, Wang Deling, Hou Ruiying. (2020). Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. International Journal of Law and Society, 3(4), 209-214. https://doi.org/10.11648/j.ijls.20200304.18

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ACS Style

Wang Xiaohua; Wang Deling; Hou Ruiying. Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. Int. J. Law Soc. 2020, 3(4), 209-214. doi: 10.11648/j.ijls.20200304.18

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AMA Style

Wang Xiaohua, Wang Deling, Hou Ruiying. Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. Int J Law Soc. 2020;3(4):209-214. doi: 10.11648/j.ijls.20200304.18

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@article{10.11648/j.ijls.20200304.18,
  author = {Wang Xiaohua and Wang Deling and Hou Ruiying},
  title = {Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {209-214},
  doi = {10.11648/j.ijls.20200304.18},
  url = {https://doi.org/10.11648/j.ijls.20200304.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.18},
  abstract = {When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.},
 year = {2020}
}

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TY  - JOUR
T1  - Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents
AU  - Wang Xiaohua
AU  - Wang Deling
AU  - Hou Ruiying
Y1  - 2020/12/11
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.18
DO  - 10.11648/j.ijls.20200304.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 209
EP  - 214
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.18
AB  - When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.
VL  - 3
IS  - 4
ER  -

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Author Information

Wang Xiaohua

Huangshan Branch Campus, Anhui Academy of Social Sciences, Huangshan, China
Wang Deling

Merchant Marine College, Shanghai Maritime University, Shanghai, China
Hou Ruiying

School of Arts and Sciences, Shanghai Maritime University, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Wang Xiaohua, Wang Deling, Hou Ruiying. (2020). Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. International Journal of Law and Society, 3(4), 209-214. https://doi.org/10.11648/j.ijls.20200304.18

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ACS Style

Wang Xiaohua; Wang Deling; Hou Ruiying. Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. Int. J. Law Soc. 2020, 3(4), 209-214. doi: 10.11648/j.ijls.20200304.18

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AMA Style

Wang Xiaohua, Wang Deling, Hou Ruiying. Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents. Int J Law Soc. 2020;3(4):209-214. doi: 10.11648/j.ijls.20200304.18

Copy | Download

@article{10.11648/j.ijls.20200304.18,
  author = {Wang Xiaohua and Wang Deling and Hou Ruiying},
  title = {Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {4},
  pages = {209-214},
  doi = {10.11648/j.ijls.20200304.18},
  url = {https://doi.org/10.11648/j.ijls.20200304.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200304.18},
  abstract = {When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents
AU  - Wang Xiaohua
AU  - Wang Deling
AU  - Hou Ruiying
Y1  - 2020/12/11
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200304.18
DO  - 10.11648/j.ijls.20200304.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 209
EP  - 214
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200304.18
AB  - When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.
VL  - 3
IS  - 4
ER  -

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