Most of what I see is ink black water in pitch black nights with matching shore (like having your eyes closed and not being able to see your hands held out in front of you). And it's not 50 plus boats in a harbour that makes improper lighting confusing its a lone vessel in the dark. You add an extra white light to your 26 ft boat and it becomes a 60 meter tanker three times farther away than it actually is. I've come upon fishing boats at anchor with cabin lights on, and it almost always takes a few min to determine how far and how big they are, and sometimes exactly what they are...is it twenty ft or two hundred, and is it a mile off or 200 yrds (and I have better than 20/20 so don't imply
) It's funny though cause we get avlot of cruise ships in...and at night it is hard to tell which way, and exactly how big they are ( they range from big to f'ing big, and how close you hit their wake in the dark makes a big difference) I don't see adding extra lights in a busy anchorage any problem, but the situation varies, and to each his own. Adding blue lights or multiple whites could be mistaken for law enforcement, tugs pulling a load or range lights on a larger vessel. Remember rec boats aren' the only ones out there and there are many commercially trained vessels looking for regulation lighting, and fibreglass doesn't show up that well on radar. The legality was more for compliance, not court. These are not building codes...they are not minimum standards, they are the RULES period. As to whether you'll get a ticket, probably not. As for speed violations, last year a group of sport fishermen left a local harbour (here) in a 30' baydiver (cause they go straight to the bottom lol) They fell asleep on step...going into a major city harbor. Coast guard boat in SD harbour hit a moving lit boat and killed an occupant. 36' very drunk baydiver hit a well lit 30 ft in the stern (thats where i sleep) at 45mph. There is no security against anything ever.
"You must display the appropriate light in all weathers from sunset to sunrise. At night you may display only those lights that are unmistakably in keeping with the rules. Any other lights displayed must not impair the visibility or distinctive character of your required lights or interfere with the keeping of a proper lookout. Rule 20(a) and (b)"
"Seamanship
Day Shapes and Night Lights
COLREGS: Part 2.
Although the COLREGS (Collision Regulations) are pretty clear about what should and should not be displayed on a vessel, they also tend to be a little obtuse, and thus open to potential misinterpretation – something we have been guilty of as well.
An improperly lit sailboat. The masthead light indicates it is at anchor. The stern light suggests it is under way, although you should be able to see the red port light as well as a steaming light if it is under power. You have no way of knowing what this guy is doing (and by the way, he's heading for the rocks!)
The lights displayed by a pleasure craft (under 20 meters) are very simple. Towards or at the bow you must have the red and green forward and side facing lights. A vessel under power, and this includes a sailboat motor sailing, must have an all around white light (if less than 6 meters). For a vessel less than 12 meters this light can be split into two parts with one being stern mounted and aft facing, and the other mast mounted and forward and side facing. A sailboat sailing without motor must switch the all around white light off so it is not confused with a power driven vessel."
Two legal cases...one in a navigable waterway and one in an anchorage.
Apportionment - Speed - Alcohol Impairment - Anchor Lights
Ens v. Gabany , No.75911/91Q,
Apportionment of liability was the issue in this small vessel collision case. The Plaintiff's vessel was at anchor and was hit by the Defendant's vessel. The Court apportioned liability 70% to the Defendant and 30% to the Plaintiff. The faults on the part of the Defendant were traveling at night at an excessive rate of speed when having consumed sufficient alcohol to have affected his judgment and vision. The faults on the part of the Plaintiff were not having an anchor light and anchoring his vessel in an area where through traffic was predictable and probable.
Liability - Unsafe Speed - Anchor lights - Contributory Negligence - Limitation - Owner/Master Entitlement to Limit
Conrad v. Snair, 1995 CanLII 4175,
This case involved a collision at night between a Boston Whaler and an anchored unlit sailboat. As a result of the collision, a passenger of the Boston Whaler was seriously injured. The issues concerned the liability for the collision, contributory negligence, and limitation of liability. Both the trial Judge and the Court of Appeal found that the driver of the Boston Whaler was entirely at fault for the collision. The driver was found to have been traveling at an excessive rate of speed and failed to maintain a proper lookout. With respect to the sailboat, the trial Judge and the Court of Appeal held that there was no presumption of fault because of the failure to exhibit an anchor light. They further found that there was a local custom to not display anchor lights. The driver of the Boston Whaler also argued that his passenger was contributorily negligent in that she knew of his propensity to drive his boat in a particular manner. The Court of Appeal held that even if the master was known to be reckless, that would be an insufficient basis for a finding of contributory negligence. Although in light of these findings, the Court of Appeal did not need to decide whether contributory negligence on the part of the plaintiff would be a complete bar to damages, it nevertheless gave the opinion that if the Plaintiff had been negligent, the Provincial contributory negligence statute would apply to apportion damages. Finally, the driver of the Boston Whaler argued that he was entitled to limit his liability under the Canada Shipping Act because the accident occurred while he was acting in his capacity as master and not owner of the vessel. In lengthy reasons the Court of Appeal analyzed the problems that arise where the master is also the owner. Ultimately, the Court agreed with the trial Judge that the owner/master of the Boston Whaler was at fault as owner in failing to ensure his alter ego, the master, traveled at a safe speed.
"Preventing a collision or close-quarters situation is among the most demanding challenges a yachtsman can face. Accurately judging distance at sea by sight is still one of the most difficult of all nautical skills to acquire. It takes a lot of practice to get it right, especially at night or in conditions of reduced visibility. Radar can help, but only if it is fully understood and properly used."
