CHAPTER IV.

NAVIGATING IN FOGGY OR THICK WEATHER.

Sec. 42. Navigating in fog, mist, falling snow, etc.There is no situation so fraught with danger to navigation as that of a vessel obscured from the vision of others approaching. A large percentage of the collisions occurring result from inattention to the rules while navigating in thick weather. There is no subject over which admiralty courts are so universally agreed as in the necessity of a strict observance of the rules while navigating in weather obscured by fog, mist, or other manifestation of the elements. Irrespective of statutory provisions the law is strict in its requirement that vessels proceeding in a fog, or in close proximity thereto, shall act with the utmost prudence and caution. The international rules are well calculated to reduce the danger of collision to a minimum if carefully observed. And the courts are strict in requiring a careful compliance with them, where vessels are prevented from observing the motions of each other. The necessity for the utmost care exists not only when a vessel is herself enveloped in fog or mist, but also when she is so near to it that others within it require notice of her position. It is the duty of a steam-vessel in a fog, under ordinary conditions, to take no chances that can be avoided. The rules requiring a fog signal to be given when navigating in thick weather are intended to apply only when there is fog or obscuration enough to shut out the view of an approaching vessel; and the presence of a slight degree of obscurity, not sufficient to form any appreciable obstruction to the vision, does not necessitate the use of fog signals, and a vessel is not charge

1 The Perkiomen, 27 Fed. R. 573; 2 The Mattiawan, 4 Ben. 106. The Saale, 63 Fed. R. 478.

able with negligence in omitting to sound the statutory signals under such conditions.

Sec. 43. Sound-signals and appliances. The international rules for 1890' provide that "all signals prescribed by this article for vessels under way shall be given

"1st. By 'steam-vessels,' on the whistle or siren.

"2d. By 'sailing-vessels and vessels towed,' on the foghorn.

"The words 'prolonged blast,' used in this article, shall mean a blast of from four to six seconds duration.

"A steam-vessel shall be provided with an efficient whistle or siren sounded by steam, or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an efficient fog-horn to be sounded by mechanical means, and also with an efficient bell.

("In all cases where the rules require a bell to be used, a drum may be substituted on board Turkish vessels, or a gong where such articles are used on board small sea-going vessels.)

“A sailing-vessel of twenty tons gross tonnage or upward shall be provided with a similar fog-horn and bell. In fog, mist, falling snow, or heavy rain-storms, whether by day or night, the signals described in this article shall be used as follows, viz.:

"(a) A steam-vessel having way upon her shall sound, at intervals of not more than two minutes, a prolonged blast.

"(b) A steam-vessel under way, but stopped, and having no way upon her, shall sound, at intervals of not more than two minutes, two prolonged blasts with an interval of about one second between them.

"(c) A sailing-vessel under way shall sound, at intervals of not more than one minute, when on the starboard tack, one blast; when on the port tack, two blasts in succession; and when with the wind abaft the beam, three blasts in succession.

126 U. S. Stat. at L. 320, art. 15.

"(d) A vessel when at anchor shall, at intervals of not more than one minute, ring the bell rapidly for about five seconds.

"(e) A vessel at anchor at sea, when not in ordinary anchorage ground, and when in such a position as to be an obstruction to vessels under way, shall sound, if a steamvessel, at intervals of not more than two minutes, two prolonged blasts with her whistle or siren, followed by ringing her bell; or, if a sailing-vessel, at intervals of not more than one minute, two blasts with her fog-horn, followed by ringing her bell.

"(f) A vessel when towing shall, instead of the signals prescribed in subdivisions (a) and (c) of this article, at intervals of not more than two minutes, sound three blasts in succession, namely, one prolonged blast, followed by two short blasts. A vessel towed may give this signal and she shall not give any other.

“(g) A steam-vessel wishing to indicate to another, ‘the way is off my vessel, you may feel your way past me,' may sound three blasts in succession, namely, short, long, short, with intervals of about one second between them.

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“(h) A vessel employed in laying or picking up a telegraph cable shall, on hearing the fog signal of an approaching vessel, sound in answer three prolonged blasts in succession.

"(2) A vessel under way, which is unable to get out of the way of an approaching vessel through being not under command, or unable to maneuver as required by these rules, shall, on hearing the fog signal of an approaching vessel, sound in answer four short blasts in succession. Sailing-vessels and boats of less than twenty tons gross tonnage shall not be obliged to give the above-mentioned signals, but if they do not, they shall make some other efficient sound signal at intervals of not more than one minute."

The international rules of 1885 provide that

"A steamship shall be provided with a steam-whistle or 123 U. S. Stat. at L. 440, art. 12.

other efficient steam-sound signals, so placed that the sound may not be intercepted by any obstructions, and with an efficient fog-horn to be sounded by a bellows or other mechanical means, and also with an efficient bell. (In all cases where the regulations require a bell to be used, a drum will be substituted on board Turkish vessels.) A sailing-ship shall be provided with a similar fog-horn and bell.

"In fog, mist or falling snow, whether by day or night, the signals described in this article shall be used as follows, that is to say:

"(a) A steamship under way shall make with her steamwhistle or other steam sound signal, at intervals of not more than two minutes, a prolonged blast.

"(b) A sailing-ship under way shall make with her foghorn, at intervals of not more than two minutes, when on the starboard tack, one blast; when on the port tack, two blasts in succession; and when with the wind abaft the beam, three blasts in succession.

"(c) A steamship and a sailing-ship when not under way shall, at intervals of not more than two minutes, ring the bell."

The rules for the navigation of the Great Lakes provide: "A steam-vessel shall be provided with an efficient whistle, sounded by steam or by some substitute for steam, placed before the funnel, not less than eight feet from the deck, or in such other place as the local inspectors of steam-vessels shall determine, and of such character as to be heard in ordinary weather at a distance of at least two miles, and with an efficient bell; and it is hereby made the duty of the United States local inspectors of steam-vessels, when inspecting the same, to require each steamer to be furnished with such whistle and bell. A sailing-vessel shall be provided with an efficient fog-horn and with an efficient bell.

"Whenever there is thick weather by reason of fog, mist, falling snow, heavy rain-storms, or other causes, whether by day or by night, fog signals shall be used as follows:

"(a) A steam-vessel under way, excepting only a steam

vessel with raft in tow, shall sound at intervals of not more than one minute, three distinct blasts of her whistle.

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(b) Every vessel in tow of another vessel shall, at intervals of one minute, sound four bells on a good and efficient and properly placed bell as follows: By striking the bell twice in quick succession, followed by a little longer interval, and then again striking twice in quick succession (in the manner in which four bells is struck in indicating time).

"(c) A steamer with a raft in tow shall sound at intervals of not more than one minute a screeching or Modoc whistle for from three to five seconds.

"(d) A sailing-vessel under way and not in tow shall sound at intervals of not more than one minute, if on the starboard tack with wind forward of abeam, one blast of her fog-horn. "If on the port tack with wind forward of the beam, two blasts of her fog-horn.

"If she have the wind abaft the beam on either side, three blasts of her fog-horn.

"(e) Any vessel at anchor, and any vessel aground in or a channel or fair-way, shall, at intervals of not more than two minutes, ring the bell rapidly for three to five sec

near

onds.

"() Vessels of less than ten tons registered tonnage, not being steam-vessels, shall not be obliged to give the abovementioned signals; but, if they do not, they shall make some other efficient sound signal at intervals of not more than one

minute.

" Produce-boats, fishing-boats, rafts or other watercraft, navigating by hand-power or by the current of the river, or anchored or moored in or near the channel or fairway and not in any port, and not otherwise provided for in rules, shall sound a fog-horn or equivalent signal at intervals of not more than one minute."

these

The old rules of 18642 were silent as to the kind of sig

Rule 14, Act for the prevention of collisions on the Great Lakes. Approved February 8, 1895.

U. S. R. S., sec. 4233, rule 15.