I thought the rules of the road applied to all vessels navigating on the Navigable Waters of the United States. Didn't you?
Well, I was surprised to learn that sail boats involved in races may agree to a special set of rules of the road which are not consistent with the federal rules. These agreed-to rules apply only between boats racing, and not between a boat in the race and another vessel not in the race.
In Juno SRL v S/V ENDEAVOUR, 865 F.Supp. 13 (D.Me. 1994), rev'd, 58 F.3d 1 (1st Cir. 1995) the circuit court held that racing yachts may contractually opt out of the Convention on the International Regulations for the Prevention of Collisions at Sea (COLREGS), 33 USC 1601 and 33 CFR 80.1 et seq.
The case involved a collision between two sailing vessels competing in separate events during a regatta. The district court held that although both boats were governed by the International Yacht Racing Rules (IYRR), the rules of a private racing organization cannot preempt the COLREGS .
The First Circuit Court reviewed the history of the COLREGS and found nothing to indicate that they were meant to regulate voluntary private sports activities, "in which the participants have waived their application and in which no interference with non-participating marine traffic was implicated." The District court decision was reversed.
(This case precedes the cases available through the Legal Link of MAC's home page.)
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