Mariners both professional and recreational are required by law to maintain proper “look-out.” This proposition begs the question, “what is a proper look-out?”
International Navigation Rules of the Road, apply to all vessels upon the high seas and in all waters connected therewith navigable by seagoing vessels. International Rules of the Road A, General Rule 1 “Application.” The Inland Rules apply to all vessels upon the inland waters of the United States, and to vessels of the United States and Canadian waters of the Great Lakes to the extent that there is no conflict with Canadian law. Inalnd Rules of the Road, Part A, General Rule 1 “Application.” In short, the federal “Rules of the Road” designed for preventing collisions on navigable waters apply to all vessels without regard to their commercial or non-commercial nature. Foremost Ins. Co. v Richardson, 102 S.Ct. 2654, 2659 (1982); Andrews v United States, 801 F.2d 644, 648 (3rd Cir. 1986); In re Via Sales & Leasing, Inc., 499 F.Supp.2d 887, 890 (E.D. Mich. 2007).
Rule 5 of the International and Inland Rules are identical and require a “look-out:”
“Every vessel shall at all times maintain a proper look-out
by sight and hearing as well as all available means appropriate
in the prevailing circumstances and conditions so as to make a
full appraisal of the situation and of the risk of collision.”
The duty of the lookout is of the highest importance. Upon nothing else does the safety of the vessel and those concerned so much depend. The Ariandne, 80 US 475, 478 (1871). A proper lookout is one that is vigilantly maintained by a competent person of suitable experience. The courts have repeatedly held that a lookout’s sole duty should be that with which he is charged and that the lookout should have no other duties. In the Matter of the Complaint of Interstate Towing Co., 717 F.2d 752, 755 (2nd Cir. 1983); Royal Transfer Corp. v Diesel Tanker FA Verdon, Inc. and the M/V FA Verdon, 192 F.Supp. 245, 247 (S.D. N.Y. 1960). Surprisingly, the helmsman, operator or pilot is not a proper lookout. Tug Ocean Prince, Inc. v United States, 584 F.2d 1151, 1159 (2nd Cir. 1978); In the Matter of the Complaint of Interstate Towing Co., Id.; and E.A. Anthony v International Paper Co., 29 F.2d 574, 579, 580 (4th Cir. 1961). Ordinarily a lookout should be as far forward as possible, where the lookout both can see and hear to the best advantage. Vedamore, 137 F. 844 (4th Cir, 1905); Oriental Trading & Transportation Co. v Gulf Oil Corp., 172 F.2d 108 (2nd Cir. 1949). In the end, the plain and simple language of Rule 5 of the International and Inland Rules governing “lookout” sums up the duty best.
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