Motorboats, sailing boats or cargo ships: Who has to give way to whom at sea

The motorboat is travelling at a steady speed on calm waters. A cargo ship can be seen ahead on the port side, gradually growing larger. From the helm, it is not initially possible to determine with certainty whether the bearing is correct and whether both vessels are heading towards a critical passing distance.

It is not enough now simply to identify the other vessel as a cargo ship. A glance through marine binoculars may reveal day signals indicating its current status. Two black balls indicate a vessel unable to manoeuvre, whilst a black cylinder indicates one with restricted draught. In both cases, the motorboat operator must ensure that the vessel is given sufficient space.

No built-in priority

The following is often quoted as a guiding principle: ‘As a general rule, one should give way to commercial vessels.’ This may – even taking Rule 2 into account (Think for yourself rather than insisting on right of way) – whilst this may well be sound advice in many cases, it does not reflect the actual order of priority for vessels under the International Regulations for Preventing Collisions at Sea (IRPCS). This is because the IRPCS make no provision for commercial shipping.

A distinctive feature of the KVR is that they do not distinguish between vessels on the basis of size or intended use. Whether it is a Bavaria 34 or the ‘Gorch Fock’ – provided both are under sail, they are considered equivalent sailing vessels under the KVR. If they were travelling under power, they would be motor vessels. And whether it is a private fishing boat with an outboard motor or a commercial freighter – they too are, in principle, equivalent motor vessels under the COLREGs, provided neither indicates a different status.

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Even large motorised vessels may be required to give way to a smaller motorboat, for example if the latter’s course approaches from their starboard side. However, the skipper of the pleasure craft should not rely on this blindly. Rule 2 further requires that special circumstances and the actual manoeuvring capabilities of all parties involved be taken into account.

If a large vessel is unable to react easily due to its draught, the conditions of the waterway or the traffic situation, the motorboat operator still has a responsibility to act. This is not a matter of giving blanket priority to commercial shipping, but of finding a safe solution to the specific situation.

This order of precedence applies in accordance with Rule 18

The KVR distinguishes between different categories of vessel based on their current status and manoeuvrability. Rule 18 is particularly important for motorboat operators: a motorised vessel must, as a general rule, keep clear of vessels that are unable to manoeuvre, have restricted manoeuvrability, are fishing, or are sailing.

In summary, this results in the following ranking:

1. vehicles that are unable to manoeuvre and those with restricted manoeuvrability,
2. fishing vessels,
3. Sailing vessels,
4. Motor vehicles.

For the skipper of a motorboat, this order of priority means that their own vessel is obliged to give way to most other categories of vessel. All other vessels must give way to vessels that are unable to manoeuvre or have restricted manoeuvrability. A vessel with limited draught must also be given sufficient space to ensure that its safe passage is not impeded in the first place.

Whether a specific situation requiring giving way arises also depends on whether there is a risk of collision. The BOOTE guide explains how this can be assessed using bearing, rate of approach, radar or AIS. “How motorboat drivers recognise the risk of a collision”.

Specific individual cases

​The current vehicle status is the deciding factor

It is not the type of construction that determines the KVR category, but rather the propulsion system currently in use and the vessel’s externally visible status. A typical fishing boat is therefore only unambiguously regarded as a fishing vessel if it displays the prescribed daytime markings or lights.

A sailing boat using its engine for propulsion is, from the KVR’s perspective, a motorised vessel. If sails are set at the same time, it must also display the prescribed engine cone during the day. The absence of a mark does not alter the obligations arising from the propulsion system actually in use.

A motorboat may also change its status whilst underway. If the engine fails and the boat can therefore no longer manoeuvre in accordance with the KVR, it may be regarded as unable to manoeuvre. At night, this is indicated by two red all-round lights placed one above the other; by day, by two black balls.

A recreational craft, on the other hand, is not normally considered to be manoeuvring-impaired. This status applies only where a vessel is unable to manoeuvre in accordance with the regulations due to the nature of its operation, for example during dredging, underwater work or mine clearance.

When overtaking, the order of the cars is of secondary importance

Rule 18 is also subject to one proviso: that vessels are overtaking one another. In this case, according to Rule 13, the overtaking vessel – that is, the faster vessel – is generally obliged to give way, regardless of where both vessels stand in the order of priority under Rule 18. You become the overtaking vessel when you approach another vessel within its stern light sector. This sector extends over 135 degrees, i.e. from astern to 67.5 degrees on either side. At night, you are therefore the overtaking vessel if you are approaching a vessel whose stern light is visible; during the day, if you are approaching another vessel at an angle more than 22.5 degrees astern of abeam (67.5° + 22.5° = 90° = abeam). If this cannot be clearly determined, Rule 13(c) states that, in case of doubt, you must assume that you are the overtaking vessel.

This means that even a sailing boat may be required to give way to a motorboat whilst overtaking it. Conversely, a motorboat must give way to a slower sailing boat as soon as it approaches the latter from the sector of its stern light. The overtaking manoeuvre only ends once the other vessel has been definitively passed and a safe distance has been established.

The rules for vessels of equal rank only apply if there is no overtaking manoeuvre in progress and there is a risk of collision.

Special rules governing the interaction of sailing vessels amongst themselves

Motorboat skippers should also be able to recognise which of two sailing vessels is obliged to give way. The first decisive factor is the direction from which the wind is blowing. A sailor with the wind on the port side must give way to a sailor with the wind on the starboard side. If both have the wind from the same side, the vessel to windward must give way to the sailing vessel to leeward.

At night, the mainsail position is determined by the prevailing wind direction. However, for sailing vessels on very close-hauled courses, the position of the main boom is often no longer clearly discernible. In this case, it depends on the position of your own boom: if I have the wind from port and I can see the other sailor to windward, I am obliged to give way despite my ‘leeward position’, as the other sailor could also have the wind from starboard and would then have right of way. If, on the other hand, I had the wind from starboard, I – as the leeward vessel – would definitely be the one to keep my course. For square-rigged vessels, the windward side is the side opposite the largest set square-rigged sail.

When two motorboats meet

If two motorised vessels meet on crossing courses, the skipper who sees the other vessel on his starboard side must give way. The motorboat required to give way should, where possible, pass behind the stern of the vessel maintaining its course and must not pass in front of its bow.

If two motorboats are approaching on opposite or nearly opposite courses, both shall alter their course to starboard. In this case, there is no single vessel having right of way. At night, the situation can be recognised by the fact that both side lights of the oncoming vessel are visible directly ahead. If there is any doubt, it must be assumed that such an encounter is taking place.

Specific obligations for motorboats under 20 metres

In narrow fairways and traffic separation schemes, the general order of priority is in some cases superseded by specific rules against obstruction. Motorboats and sailing boats under 20 metres in length must not obstruct the safe passage of certain vessels in these areas. This applies even if the recreational craft would normally be entitled to maintain its course under a general rule of giving way.

In a traffic separation scheme (TSS), however, the rule against obstruction applies only to motorised vessels following the specified routes; in a narrow fairway, it applies to any vessel using the waterway. Vessels between which there is no duty not to obstruct must continue to act in accordance with the other collision prevention rules. Furthermore, the duty not to obstruct applies to all vessels wishing to cross a narrow channel. In practice, all vessels wishing to enter a narrow channel are required to wait. They must wait until the channel is clear in all directions.

Furthermore, vessels in the channel are required to keep to the right. At narrow points and when overtaking, they must sound appropriate audible signals where necessary. However, the German Collision Regulations (KVR) do not contain a clear definition of the term ‘narrow fairway’. Many recreational boaters think of laterally marked fairways, i.e. those with red and green fairway buoys. In fact, however, it depends on the circumstances: For example, areas of water may also be considered narrow fairways if, due to their natural topography (width, depth profiles, etc.) or the prevailing traffic density, they restrict the use of large vessels to such an extent that special traffic management is required. In case of doubt, it is helpful to consult nautical charts and local sailing guides.

Navigating traffic separation schemes by motorboat

Traffic separation zones separate opposing traffic flows by means of designated one-way routes and a separating zone between them. Anyone navigating a motorboat along such a route should, where possible, enter or exit at its ends. If this is not possible, the boat should enter at as small an angle as possible to the general direction of traffic.

Motorboats under 20 metres in length must not obstruct motorised vessels following a waterway. Coastal traffic zones between a traffic separation scheme and the shore, on the other hand, are largely reserved for smaller motorboats, sailing boats and fishing vessels. BOOTE explains the details in this article “The Traffic Separation Scheme: One-way routes for safety”.

When crossing a traffic separation scheme, the keel line of the motorboat should be at right angles to the general direction of traffic. What is decisive is the orientation of the vessel as visible to other vessels, not the actual course over ground travelled due to wind or current.

Additional national regulations may apply on German maritime waterways. Furthermore, the order of priority and the rules for encounters between motorboats, sailing vessels and other craft explained here apply only to craft that are within sight of one another. Special requirements apply to voyages in fog or other conditions of reduced visibility, which are covered in the article “When visibility is poor: what to do in fog” explained.

Book recommendations

Rules for the prevention of collisions contains the full text of the International Regulations for Preventing Collisions at Sea. Illustrations and brief explanations help users to understand the rules for use on board. It also includes visual signals used by small vessels and the German buoyage system.

Boats – Logbook focuses on everyday life aboard a motorboat. It covers rules of the road on inland waterways and at sea, manoeuvres to give way, and how to behave when encountering other vessels. It also covers navigation marks, lighting requirements and sound signals. Its handy format and concise text make it a useful reference guide for skippers who need to look up a situation whilst out on the water.

How do you handle your motorboat when encountering large vessels, if the formal obligation to give way and practical manoeuvrability do not seem to go hand in hand? Please share your experiences in the comments.