USCG Exam PracticeRule 2 — Responsibility
During a close-quarters situation, a master determines that strict adherence to the Navigation Rules would result in collision and departs from those Rules to avoid immediate danger. After the situation resolves safely, a USCG investigator asks the master to justify the departure. Under Inland Rule 2, which of the following represents the correct legal standard the master must satisfy?
- A. The master must show the departure was authorized in advance by a vessel traffic service
- B. The master must show the vessel was not under command at the time of the departure
- ✓ The master must show that special circumstances, including the limitations of the vessels involved, made the departure necessary to avoid immediate dangerCorrect
- D. The master must show that the other vessel was the give-way vessel and failed to act, thereby transferring all responsibility
Why C is correct
33 CFR §83.02(b) is the controlling provision: departure from the Rules is legally justified only when due regard to all dangers of navigation and collision and to special circumstances, including the limitations of the vessels involved, makes such departure necessary to avoid immediate danger. Advance VTS authorization, NUC status, and give-way vessel fault are not the standard set by Rule 2(b).
Cited:33 CFR §83.02