33 C.F.R. § 83.08

Action to avoid collision (Rule 8)

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Any action taken to avoid collision shall be taken in accordance with the Rules of this subpart (Rules 4-19) (§§ 83.04 through 83.19) and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion.

(f)(i) A vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(ii) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the Rules of Subpart B (Rules 4-19).

(iii) A vessel the passage of which is not to be impeded remains fully obliged to comply with the Rules of Subpart B (Rules 4-19) when the two vessels are approaching one another so as to involve risk of collision.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2013–2023 · leading case: Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020).

Sort: Relevance Newest Treatment

Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020). “8 Rule 8 (see 33 C.F.R. § 83.08 (a)) relevantly provides: (a) Any action taken to avoid collision shall be taken in accordance with the Rules of this subpart (Rules 4–19) (§§ 83.”

Youngberg v. McKeough, 534 F. App'x 471 (6th Cir. 2013). “§ 2008 ; 33 C.F.R. § 83.08 . There is an unresolved issue of fact as to whether Robby knew that the MasterCraft was behind him, and for purposes of summary judgment, we view the facts in the light most favorable to Ms.”

Rodriguez v. Walters, 136 So. 3d 871 (La. Ct. App. 2014). “33 C.F.R. § 83.08 . . It has been said that navigation rules “are not a complete and comprehensive code of navigation, compliance with which is sufficient to avoid liability, but .”

Shell Chem v. Genesis Mrne (5th Cir. 2022). “See 33 C.F.R. §§ 83.08 , 83.16. And given that the Aris T was entering the outside bend of a west-bound turn in high-current conditions, we infer that the district court concluded that the Aris T did not violate Inland Rule 14 because she could not have altered her course any…”

Buccina v. Grimsby, 337 F. Supp. 3d 725 (N.D. Ohio 2016). “33 C.F.R. § 83.08 (emphasis supplied). Throughout, this Rule principally refers both directly and indirectly other vessels, It does not refer, either directly, indirectly, implicitly, or by inference to other obstructions or obstacles - and certainly not to waves and wakes, no…”

In Re: DeMores Montana LLC for Exoneration from Liab. as Owners of M/V MTI HINVIV42060A919, & M/V MTI HINVIV42060A919 (D. Ariz. 2023). “” 33 C.F.R. § 83.08 (a). It further 9 states, “[i]f necessary to avoid collision or allow more time to assess the situation, a 10 vessel shall slacken her speed or take all way off by stopping or reversing her means of 11 propulsion.”

Archer Daniels Midland Co. v. Am. Liberty M/T (E.D. La. 2021). “” 10 33 C.F.R. § 83.08 (Rule 8). judge cannot draw inferences that involve issues of witness credibility or disputed material facts.”

Colross v. Imperato (D.N.J. 2022). “07), and (5) take action fo avoid collision (Inland Rule 8) (33 C.F.R § 83.08). Plaintiff contends that Defendant violated Inland Rule 2 because “based upon.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.