衝突予防法解釈上の一考察(日本航海学会第9回講演会)

抄録

The author believes that the reason why from the practice of seamen every vessel under way keeps out of way of small rowing boats and fishing vessels or boats which are permitted to carry a white light on the Regulations for Preventing Collisions at Sea, is not due to what they are considered the vessels at anchor. And it being not for avoiding the immediate danger, both sides of them should not take a measure to keep out of their ways at the same time against each other ; namely they should not apply Article 27. These small rowing boats and fishing vessels or boats have no special privilege and they have the same rights and obligations on the Regulations as the other vessels. Accordingly, it is natural that the risk of collision should be avoided against the precaution required by the ordinary practice of seamen or by the special circumstances of the case, and that should be done before the vessel approaches. within the range so as to involve the risk of collision.