Please enter verification code
Confirm
Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents
International Journal of Law and Society
Volume 3, Issue 4, December 2020, Pages: 209-214
Received: Nov. 23, 2020; Accepted: Dec. 4, 2020; Published: Dec. 11, 2020
Views 92      Downloads 42
Authors
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
Article Tools
Follow on us
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.
Keywords
ship Collision, Anchored Ships, COLREG1972, Negligence and Faults, Liabilities
To cite this article
Wang Xiaohua, Wang Deling, Hou Ruiying, Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents, International Journal of Law and Society. Vol. 3, No. 4, 2020, pp. 209-214. doi: 10.11648/j.ijls.20200304.18
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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).
ADDRESS
Science Publishing Group
1 Rockefeller Plaza,
10th and 11th Floors,
New York, NY 10020
U.S.A.
Tel: (001)347-983-5186