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Rules of the Road

General Definitions — Underway, Power-Driven, and In Sight of One Another

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every claim cited to source

The short answer

Underway means only that a vessel is not at anchor, not made fast to the shore, and not aground. Speed is not part of the definition, so a vessel lying stopped and drifting is underway, and every rule written for a vessel underway is live on her.

What the rule requires

The word underway means that a vessel is not at anchor, or made fast to the shore, or aground 33 CFR §83.03. Three states take a vessel out of "underway." If none of the three applies, she is underway, whatever her speed through the water.

A 45-foot charter boat with her engines shut down, drifting on the tide while the party fishes, meets none of the three. She is underway.

Two definitions do the same job for propulsion. A power-driven vessel is any vessel propelled by machinery; a sailing vessel is any vessel under sail provided that propelling machinery, if fitted, is not being used COLREGs Rule 3. The operative words are "being used." Sail area, rig and intent are irrelevant. A sloop under full main and jib with her diesel engaged is a power-driven vessel for every purpose in the Rules, and reverts to a sailing vessel the moment the engine is taken out of gear. Both regimes carry this wording identically .

The word vessel covers every description of water craft, including non-displacement craft, WIG craft and seaplanes, used or capable of being used as a means of transportation on water. A seaplane is any aircraft designed to maneuver on the water, and a WIG craft is a multimodal craft which in its main operational mode flies in close proximity to the surface by utilizing surface-effect action.

You are drifting with engines secured, waiting for the tide, one mile off the sea buoy. A vessel approaches. Are you underway?

Yes. Underway means not at anchor, not made fast to the shore, and not aground. You are none of those, so you are underway — a state that has nothing to do with whether you are moving .</details>

In sight, and restricted visibility

Vessels are deemed to be in sight of one another only when one can be observed visually from the other . Visual observation is the whole test. A contact held on radar at six miles in dense fog is not in sight.

That definition is a switch. The rules in the section beginning at Rule 11 apply only to vessels in sight of one another COLREGs Rule 11, while the rules in the section beginning at Rule 4 apply in any condition of visibility COLREGs Rule 4. Deciding whether the vessels are in sight decides which body of steering rules is even available to you.

Restricted visibility means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes . Darkness appears nowhere in that list.

Length, breadth, and the geographic terms

Length and breadth mean length overall and greatest breadth. Every length threshold in the Rules is measured on that basis, not on registered or waterline length.

The remaining definitions in the Inland rule fix where the Rules apply. Inland Waters means the navigable waters of the United States shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers and other inland waters, together with the waters of the Great Lakes on the United States side of the International Boundary. Western Rivers means the Mississippi, its tributaries, South Pass and Southwest Pass to those same demarcation lines, plus the Port Allen–Morgan City Alternate Route and the Atchafalaya above its junction with that route, including the Old River and the Red River. Great Lakes means the Lakes and their connecting and tributary waters, running as far as the Thomas J. O'Brien Lock on the Calumet River, the east side of the Ashland Avenue Bridge on the Chicago River, and the lower exit of Saint Lambert Lock on the Saint Lawrence. The demarcation line is the trigger in all three: cross it inbound and the Inland Rules govern.

The terms carry across the subchapter. Terms used in the Annex V regulations have the same meanings defined in Part 83 33 CFR §88.03, so a definition learned here is not re-defined elsewhere.

The definitions in Rule 32

Sound signals have their own definitions rule. A short blast is a blast of about one second's duration and a prolonged blast is a blast of from four to six seconds' duration; whistle means any sound signaling appliance capable of producing the prescribed blasts and complying with Annex III COLREGs Rule 32. Four to six seconds is an arbitrary span. It is not derived from anything — commit it.


Telling it apart

One criterion separates the three classes candidates most often swap: what is the source of the restriction on her maneuvering?

  • Vessel not under command — an exceptional circumstance has left her unable to maneuver as the Rules require, and therefore unable to keep out of the way 33 CFR §83.03. Something has happened to her that was not planned. Most often misfiled: a vessel with a steering gear casualty gets answered as restricted in her ability to maneuver, because candidates hear "restricted" and stop reading.
  • Vessel restricted in her ability to maneuver — the nature of her work restricts her, and she is therefore unable to keep out of the way. Most often misfiled: any tug with a tow. The rule qualifies towing tightly (below).
  • Vessel engaged in fishing — fishing with nets, lines, trawls or other fishing apparatus which restricts maneuverability, and expressly not a vessel fishing with trolling lines or other apparatus which do not restrict maneuverability. Most often misfiled: the sportfisherman trolling four rods off the transom. She is fishing in plain English and is a power-driven vessel under the Rules.

The definitions of all three read the same in the International and Inland texts COLREGs Rule 3. Inland §83.03 continues past those paragraphs with the definitions of underway, in sight, restricted visibility, length and breadth, and the geographic terms.

The six named restricted-in-ability operations

The Inland rule states that vessels restricted in their ability to maneuver include, but are not limited to, six operations . The list illustrates the "nature of her work" test rather than exhausting it.

  1. Laying, servicing or picking up a navigation mark, submarine cable or pipeline.
  2. Dredging, surveying or underwater operations.
  3. Replenishment, or transferring persons, provisions or cargo while underway.
  4. Launching or recovery of aircraft.
  5. Mine clearance operations.
  6. A towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.

Item 6 is the one worth reading twice. The qualifier does the work: a towing operation qualifies only where it severely restricts the ability of tug and tow to deviate from their course.

A dredge is working a channel on her wires; a container ship two miles away has lost her main engine. Which is not under command and which is restricted in her ability to maneuver?

The dredge is restricted in her ability to maneuver — dredging is named in the rule, and the restriction arises from the nature of her work. The container ship is not under command: an exceptional circumstance has left her unable to maneuver as the Rules require .</details>


Where candidates lose the point

A vessel stopped in the water gets answered as "not underway," and the candidate then picks the option that relieves her of a duty. The definition contains three exclusions and speed is not among them.

The motorsailer question is written to be missed. Given a vessel with sails set and engine running, the plausible-looking answer is "sailing vessel," because the stem describes canvas. Machinery in use makes her power-driven COLREGs Rule 3, and every consequence of that classification follows.

On "engaged in fishing," candidates reason from the activity rather than the gear. The stem will describe a vessel trolling, and the trap answer treats her as engaged in fishing. Trolling lines are named in the exclusion 33 CFR §83.03.

Radar contacts get treated as vessels in sight. In restricted visibility with a target tracked at four miles, the answer that invokes a steering rule from the in-sight section is wrong, because in sight requires visual observation of one vessel from the other.

Length thresholds get computed on the wrong measurement. Where a rule turns on 12 meters or 20 meters, the figure to use is length overall, and breadth means greatest breadth.

Darkness gets read as restricted visibility. The definition lists fog, mist, falling snow, heavy rainstorms and sandstorms, plus other similar causes; a clear night is not on it.


Check yourself

(Both International & Inland) You are on a 60-foot ketch with all sail set and your auxiliary engine engaged and in gear, making 7 knots. What is your vessel under the Rules?

A power-driven vessel. A sailing vessel is one under sail provided that propelling machinery, if fitted, is not being used; your machinery is being used COLREGs Rule 3.</details>

(Both International & Inland) A 32-foot sportfisherman is trolling two lines astern at 6 knots. Is she a vessel engaged in fishing?

No. The definition excludes a vessel fishing with trolling lines or other apparatus which do not restrict maneuverability 33 CFR §83.03. She is a power-driven vessel.</details>

(Inland Rules) Your anchor is down and holding in 40 feet of water. Are you underway?

No. At anchor is one of the three conditions that take a vessel out of "underway." Weigh the anchor and she is underway the moment it is off the bottom, whether or not she has way on.</details>

(Inland Rules) In dense fog you hold a contact by radar at three miles, closing. Are the two vessels in sight of one another?

No. Vessels are in sight only when one can be observed visually from the other . The rules in the section beginning at Rule 11 apply only to vessels in sight COLREGs Rule 11; the rules in the section beginning at Rule 4 apply in any condition of visibility COLREGs Rule 4.</details>

(Both International & Inland) A tug is towing a single light barge on a short hawser in open water and can turn freely in either direction. Is she restricted in her ability to maneuver?

Not on those facts. The rule reaches a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course . A tow that leaves the tug free to deviate does not meet the test.</details>

(Both International & Inland) Your main engine fails and you cannot steer or propel. What class of vessel are you, and what is the test?

Not under command. The test is an exceptional circumstance that leaves you unable to maneuver as the Rules require and therefore unable to keep out of the way . Had the same inability arisen from the work you were performing, the class would be restricted in her ability to maneuver.</details>

(International) You sound a signal of five seconds' duration. What have you sounded, and what is a short blast?

A prolonged blast, defined as a blast of from four to six seconds' duration. A short blast is about one second COLREGs Rule 32.</details>

(Inland Rules) A rule applies to vessels of less than 20 meters in length. Your vessel measures 19.5 meters overall and 18 meters at the waterline, and her registered length is 17.8 meters. Which figure governs?

19.5 meters, the length overall. Length means length overall and breadth means greatest breadth .</details>

Check your understanding

One real exam question on Rule 3 — General Definitions, cited to source. No account.

Rule 3 — General Definitions

Which of the following vessels qualifies as a 'vessel engaged in fishing' under the Inland Navigation Rules?

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