KVR for motorboat operators: Why right of way alone does not prevent collisions

​On sunny weekends, a wide variety of vessels often come together in harbour approaches, narrow fairways and popular coastal waters. Slow displacement craft, fast planing craft, sailing boats, ferries and commercial vessels navigate within a confined space, whilst their skippers must assess each other’s speed, distance and manoeuvrability.

For motorboat skippers, the question is not merely who is obliged to give way. It is equally important to consider whether the other vessel has recognised the situation and can actually carry out the expected manoeuvre safely. The German Waterways Traffic Regulations (KVR) set out the respective responsibilities, but at the same time require forward-thinking action. It is therefore not a matter of asserting a supposed right of way, but of avoiding a collision early and unequivocally.

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In driving lessons, the rules for avoiding collisions often seem, at first, like a tedious list of definitions, vehicle categories and scenarios involving other road users. However, when at the helm of a motorboat, their practical value quickly becomes apparent: the rules help to recognise an impending collision, determine the obligations of those involved and initiate a logical manoeuvre. Yet it is precisely the most important body of maritime law – the 1972 International Regulations for Preventing Collisions at Sea, or the Collision Prevention Regulations (CPR) for short – that provides surprisingly practical guidelines for correct behaviour on the water. With just 16 rules on right of way and manoeuvring, they govern all maritime traffic worldwide – the rest consists of general guidelines and regulations on the use of lights and day marks. And with a mere 17,000 characters or so – little more than this BOOTE article – they cover a wide variety of situations.​

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Never apply KVR rules in isolation

The significance of an individual KVR rule only becomes clear in the context of the general obligations and the other rules of the waterway. A formally correct interpretation therefore does not automatically answer the question of what behaviour is safe in a specific traffic situation.

This is illustrated by an encounter with a container ship. If a motor yacht approaches from starboard, the large motor vessel may, according to the formal allocation of roles, be obliged to give way. Nevertheless, it would be risky for the pleasure craft to maintain its course and speed without taking into account the freighter’s draught, the fairway, its stopping distance and its actual manoeuvrability. The supposed tension between theory and practice is only resolved when the KVR is regarded as a coherent set of regulations.

The KVR have obligations; they do not have right of way

A distinctive feature of the rules for preventing collisions is that they do not grant vehicles any rights, but impose obligations only. In discussions about situations where vehicles must give way, the term ‘right of way’ is often used. However, this concept does not exist in the Collision Prevention Rules. Instead, there are vessels obliged to give way and those obliged to maintain their course. The latter are obliged to maintain their course and speed. A vessel with right of way would not be subject to such restrictions – provided it does not thereby endanger any other vessel.

​An example: if a motorboat and a sailing boat are on a collision course, neither party may manoeuvre at will. If the motorboat is required to give way, its skipper must initiate a clear change of course or speed in good time. As the vessel holding its course, the sailing boat is also obliged to maintain its course and speed for the time being. This is to prevent two simultaneous and opposing manoeuvres from exacerbating an already recognised danger.

Incidentally, only vessels as defined by Rule 3 can be designated as the vessel to maintain course or the vessel required to give way. This includes all watercraft that can be used as a means of transport on the water. This also applies to windsurfers, rowing boats and pedalos. An air mattress or other swimming equipment, on the other hand, are not considered vessels. They are excluded from the typical allocation of roles under the KVR. However, this does not exempt other road users from the duty to avoid collisions.

Rule 2 holds every skipper accountable

This obligation is derived from Rule 2, which stipulates that ‘all hazards to navigation and of collision’ must always be taken into account. It forms part of Part A of the KVR, which is entitled ‘General’. It precedes the actual rules of way and right of way and sets out the overarching framework. The principles set out here apply at all times and must always be borne in mind.

​And Rule 2 clearly requires more than simply following the rules of way in Part B – such as Rule 18 or 13. All skippers and crews must always take sufficient precautions ‘as required by general maritime practice or the particular circumstances of the case’. Rule 2 even expressly obliges them to deviate from the specific rules of way set out in Part B if this is necessary to avert an imminent danger.

For the skipper of a motorboat, it is therefore not enough simply to determine their own role as the vessel maintaining its course or the vessel obliged to give way. They must also assess whether the expected behaviour of the other vessel is at all possible and safe under the specific circumstances.

In practice, this means:

• do not insist on a supposed right of way
• Adjust your speed and distance in good time
• take into account the manoeuvring capabilities of larger vehicles
• If in doubt, choose a clear and safe solution

The question is therefore: in this specific instance, what would be the safest way to reduce the risk of a collision?

Applying this to the example of the container ship: if a sailing boat or a motor yacht approaches a huge cargo ship in such a way that there is a risk of collision, are sufficient precautions actually taken to reliably prevent a collision? Is such behaviour in line with general maritime practice? Or would it not be more appropriate, under Rule 2, to maintain a safe distance?

Clear roles, but shared responsibility

Rule 2 does not override the specific allocation of roles. A vessel obliged to give way remains obliged to do so, whilst the vessel on course must initially maintain its course and speed. Nevertheless, no skipper should rely on the situation being resolved solely by the other vessel carrying out the required manoeuvre.

In terms of motorboat control, this means: observing whether the other vessel is reacting, leaving sufficient space and remaining ready to take action. Two questions can help here: Has the other skipper spotted me? And can they actually carry out the expected manoeuvre under the given conditions?

If you’re unsure, slow down early

It remains unclear whether an encounter involving the usual allocation of roles can be safely resolved; in such cases, the motorboat skipper should ensure they have sufficient room for manoeuvre at an early stage. This may involve significantly reducing speed, maintaining a safe distance, staying clear of the danger zone or making contact by radio.

Particularly when several vessels are involved, a situation that initially seems straightforward can quickly become confusing. Good seamanship is then demonstrated not by insisting on one’s own position, but by behaving in a timely, transparent and safe manner for all concerned.

A lookout is still compulsory, even with radar and AIS

Rules 5 and 6 combine keeping a watchful lookout with maintaining a speed appropriate to the circumstances. Only by spotting other vessels in good time can one realistically assess the distance to them, the stopping distance and the options for manoeuvring out of the way. On a fast motorboat, therefore, the speed at which you are travelling must always be appropriate to visibility, traffic density and your ability to react.

Radar and AIS assist with observation, but do not replace it. AIS only displays vessels that transmit the relevant data. Radar detection depends, amongst other things, on the characteristics of the target, the device’s settings, the weather and the state of the sea. Small vessels or floating objects may be detected late or not at all under unfavourable conditions.

According to the KVR, however, the lookout should maintain ‘a complete overview of the situation’ – by ‘seeing and hearing’ as well as by any other available means appropriate to the prevailing conditions. In conditions of restricted visibility, radar and AIS are therefore very welcome aids. Otherwise, it is important to keep your eyes open – including towards the stern.

A safe speed is more than just a speed limit

The KVR do not specify a universally applicable numerical value for a safe speed. The conditions of each individual situation are decisive. These include visibility, traffic volume, wind, sea state, currents and the manoeuvrability of one’s own boat. For motorboat operators, stopping distances and manoeuvrability at the current speed are particularly relevant.

High coastlines, jetties or headlands can restrict visibility of oncoming vessels. Even radar and on-board AIS do not necessarily provide a complete picture in good time in such areas. In areas with swimmers, small fishing boats or windsurfers, extra caution is required, as people and small objects on the water may be difficult to spot until it is too late.

With a small crew, the skipper often has to steer, navigate and monitor the instruments simultaneously. Speed should therefore not be based on the theoretical visibility range, but on the area that the crew can actually monitor and assess reliably. When in doubt, the rule is: ease off the throttle and gain extra reaction time.

Safety is what matters, not the supposed right of way

The KVR are designed to prevent dangerous close encounters before a last-minute evasive manoeuvre becomes necessary. For motorboat operators, this means choosing their speed and course not only in accordance with the formal allocation of responsibilities, but also taking into account visibility, distance and the actual capabilities of other waterway users. Those who react early, manoeuvre clearly and leave sufficient space are acting in accordance with the rules and with foresight.

The KVR apply on these waters

According to Rule 1, the scope of the KVR covers the high seas and ‘waters contiguous thereto and navigated by seagoing vessels’. The term ‘high seas’ is defined in the United Nations Convention on the Law of the Sea (UNCLOS).

Accordingly, every state may claim a zone extending up to 12 nautical miles from its coastline as territorial waters. This 12-nautical-mile zone is also referred to as the territorial sea. In addition, there is a contiguous zone up to 24 nautical miles wide and an exclusive economic zone (EEZ), which can extend for up to 200 nautical miles.

However, as these zones usually form a contiguous body of water with the high seas, the Rules for the Navigation of the High Seas (KVR) apply throughout these areas. This includes even bodies of water that extend inland, provided they are navigated by seagoing vessels. And in Germany, seagoing vessels also sail on the Elbe as far as Hamburg or on the Weser as far as Bremen.

However, states may enact special regulations for their territorial waters which supplement the provisions of the KVR. In Germany, the Maritime Navigation Routes Regulations (SeeSchStrO) are particularly noteworthy in this regard. In border areas with other countries, joint regulations may also apply, such as the Ems Estuary Navigation Regulations based on a German-Dutch agreement. In addition, there are local regulations such as port by-laws. Before setting sail, one should consult local navigation guides to familiarise oneself with any relevant national and regional specificities. Apart from supplementary national regulations, the KVR forms the central foundation for the prevention of collisions in waters navigated by seagoing vessels.

Book recommendations

KVR. SeeSchStrO brings together the collision prevention rules for the high seas and associated shipping lanes, the Maritime Waterways Regulations, and the Ems Estuary Navigation Regulations. The volume therefore directly addresses issues relating to the duty to give way, encounters between vessels and the legal basis for safe navigation. As a compact set of regulations, it helps crew members to look up specific provisions on board, even in cases of doubt.

Boats Logbook focuses more closely on practical application in everyday motorboat life. It covers rules of the road on inland waterways and at sea, right of way, evasion manoeuvres and collision avoidance, as well as lighting requirements, navigation marks, marine radio and emergencies. This handy reference guide therefore supplements the legal text with practical guidance, covering everything from planning a trip to entering a harbour.

On the water, is formal compliance often more important than a safe solution? Where does compliance with the rules end and good seamanship begin? Share your views in the comments.