Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account:
(a) By all vessels:
(i) The state of visibility;
(ii) The traffic density including concentration of fishing vessels or any other vessels;
(iii) The maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
(iv) At night, the presence of background light such as from shore lights or from back scatter of her own lights;
(v) The state of wind, sea, and current, and the proximity of navigational hazards;
(vi) The draft in relation to the available depth of water.
(b) Additionally, by vessels with operational radar:
(i) The characteristics, efficiency and limitations of the radar equipment;
(ii) Any constraints imposed by the radar range scale in use;
(iii) The effect on radar detection of the sea state, weather, and other sources of interference;
(iv) The possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;
(v) The number, location, and movement of vessels detected by radar;
(vi) The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.
[USCG-2012-0102, 79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, 79 FR 68621, Nov. 18, 2014]
Notes of Decisions
Marquette Trans v. Navigation Mrtm, 87 F.4th 678 (5th Cir. 2023).
· cites it 2× “” 33 C.F.R. § 83.06 . The look-out rule requires every vessel to “maintain a proper look-out by sight and hearing” at all times to avoid collision.”
Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020).
“6 Rule 6 (see 33 C.F.R. § 83.06 ) relevantly provides: Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.”
In re: Nancy Buccina v., 657 F. App'x 350 (6th Cir. 2016).
“Bucci-na moved for certification of an interlocu-' tory appeal, and on February 10, 2016, the district court entered an order stating, in relevant part: I certify the following question for immediate, interlocutory appeal to the United States Court of Appeals for the Sixth…”
In re Marquette Transp. Co., LLC, 292 F. Supp. 3d 719 (E.D. La. 2018).
“33 C.F.R. § 83.06 (19) Captain Trout violated Rule 6 in that he failed to proceed at a safe speed as he rounded Wilkerson Point and approached the US 190 bridge.”
Youngberg v. McKeough, 534 F. App'x 471 (6th Cir. 2013).
“§ 2006 ; 33 C.F.R. § 83.06 ; not liable for failing to determine if there was a risk of collision under INR 7, 33 U.”
Sterling Equip., Inc. v. M/T Great E., 52 F. Supp. 3d 76 (D. Mass. 2014).
“33 C.F.R. § 83.06 . Though defendants claim that this rule is too indefinite to act as a predicate trigger for the Pennsylvania Rule, more than one court has held the contrary.”
Barnett v. United States (D.S.C. 2023).
· cites it 2× “” 33 C.F.R. § 83.06 . This means at night, vessels should exercise heightened care not only with their lookout, but also by reducing speed since there is diminished visibility.”
Meador v. Aramark Sports & Ent. Servs. LLC (D. Ariz. 2022).
“10 11 33 C.F.R. § 83.06 . The rule sets out factors that should be taken into account in determining 12 safe speed, which include visibility, traffic density, the vessel’s maneuverability, wind, 13 current, and navigational hazards.”
Colross v. Imperato (D.N.J. 2022).
“05), (3) maintain a safe speed (Inland Rule 6) (33 C.F.R § 83.06), (4) determine if risk of collision exists (Inland Rule 7) (33 C.”
Velez-Amador v. Schultz (D.P.R. 2023).
“” 33 C.F.R. § 83.06 . The following factors are considered to establish safe speed: (1) visibility, (2) the density of traffic in the area, (3) how maneuverable is the vessel, (4) the presence of background lights during the evening, (5) the weather conditions, and (6) the draft…”
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