A master invokes 33 CFR §83.02(b) to justify departing from a specific Inland Navigation Rule. Which of the following most precisely states the legal standard that must be satisfied for such a departure to be lawful?

Question

Accepted Answer

B. Due regard must be had to all dangers of navigation and collision, and the special circumstances, including the limitations of the vessels involved, must make departure necessary to avoid immediate danger — 33 CFR §83.02(b) sets a precise standard: due regard to all dangers of navigation and collision, consideration of special circumstances including the limitations of the vessels involved, and the requirement that departure be necessary to avoid immediate danger. Good faith belief in impracticality or failure to reach the other vessel by radio are not the standard stated in the Rule.

Answer

A. The master must determine that compliance would cause an unreasonable risk of delay to the vessel's schedule

Answer

C. The master must first attempt to contact the other vessel by VHF and receive no response before departing from the Rules

Answer

D. The departure is lawful whenever the master, in good faith, believes that compliance with the Rules is impractical given the vessel's construction

A master invokes 33 CFR §83.02(b) to justify departing from a specific Inland Navigation Rule. Which of the following most precisely states the legal standard that must be satisfied for such a departure to be lawful?

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