6763. Steamers of larger size on the 6772. Steam-vessels having rafts in 6764. Steam-vessels engaged in tow- 6773. Small fishing vessels. ing. 6765. Vessels not under control. 6766. Sailing-vessels under way and vessels in tow are required to exhibit similar lights. 6767. Small vessels. 6774. Use of deceptive lights. of lights must have been § 6759. Visibility of Lights.-The term "visible," when used to describe the effectiveness of lights, means visible on a dark night with a clear atmosphere.1 A vessel required to exhibit lights does not perform its full duty in this regard merely by placing sufficient lights in their proper position; but the lights, to be effective, must not be obscured; and a vessel will be imputable with negligence where the lights, properly placed, are obscured by sails or other objects connected with the vessel. All the rules require visibility for a specified dis 2 'The word is so defined in all the The Monmouthshire, 44 Fed. Rep. navigation rules. The Algiers, 28 Fed. Rep. 240; The Caro, 23 Fed. Rep. 734 (sails); The Daylight, 73 Fed. Rep. 878; s. c. 38 U. S. App. 506; The General, 82 Fed. Rep. 830 (light obstructed by jib); The Iberia, 117 Fed. Rep. 718 (obscured by sail); The Charles L. Jeffrey, 55 Fed. Rep. 685 (sails); 697; The Orange, 46 Fed. Rep. 411; The Saratoga, 37 Fed. Rep. 119 (flash-lights should have been shown); The Seacaucus, 34 Fed. Rep. 68 (intervening vessel); Tug No. 13, 50 Fed. Rep. 628 (pilot-house on barge alongside); The Conroy, 5 Hughes (U. S.) 143 (lights obscured by tow); New York &c. R. Co. v. tance, and vessels are in fault where the lights are not in condition to cast their rays so as to be visible for these distances.3 $6760. Duration of Time for Maintaining Lights.-The prescribed lights must be displayed in all weathers from sunset to sunrise, and during this time lights likely to be mistaken for the statutory lights must not be exhibited.* $6761. Steam-Vessels Under Way.-A steam-vessel, when under way, must carry on or in front of the foremast, or, if without a foremast, then in the fore part of the vessel at a height of not less than twenty feet above the hull, and, if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth and not over forty feet, a bright, white light so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to show the light ten points on each side of the vessel, and of such a character as to be visible at least five miles. On the starboard side she must display a green light, throwing an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw a light from right ahead to two points abaft the beam on the starboard side, and of such character as to be visible at a distance of at least two miles. On the port side she must show a Cooper, 85 Va. 939; s. c. 9 S. E. Rep. 321; 13 Va. L. J. 290; 5 Rail. & Corp. L J. 494 (lights hidden behind barge in tow). The presumption that because it would aid the sailing of the vessel, a sail was swung over the side of the ship far enough to obscure her light, in aid of testimony by those on another vessel that they did not see the light, is overcome by the testimony of the master that the sail was trimmed flat, aided by the presumption that he would not put the vessel in peril by obscuring the light: The Gate City, 90 Fed. Rep. 314. The Mary Morgan, 28 Fed. Rep. 333; La Champagne, 43 Fed. Rep. 444; The Narragansett, 20 Blatchf. (U.S.) 87. A sailing-vessel sighting only the red light of another sailing vessel, brightly burning and plain to be seen, has the right to conclude that the latter is crossing her course, and is not at fault for a collision in changing her course sufficiently to avoid the latter had she been in such crossing course, although the appearance is caused by the defective ness of the green light of the latter: The Rabboni, 81 Fed. Rep. 239; s. c. 50 U. S. App. 147; 26 C. C. A. 379. Article 1 of the International Navigation Rules, and Inland River and Harbor Rules; Rule 2 of the Rules for the Great Lakes; Rule 2 of the Rules for the Red River of the North and Rivers Emptying into the Gulf of Mexico. Where a sailingvessel fails to carry a green light, and is run into by another sailingvessel, which, though vigilant, fails to see her because of the want of such light, the latter vessel is excusable for failing to alter her course, and the former is alone in fault: The Royal Arch, 22 Fed. Rep. 457: s. c. 22 Blatchf. (U. S.) 209. A vessel which, by carrying a wrong light, conveys the erroneous impression that she is at anchor, is alone liable for a collision caused by her error: The Concho, 24 Fed. Rep. 758. 5 A vessel is under way when she is not at anchor or made fast to the shore or aground within the express definition included in all the navigation rules. red light of like construction and intensity and in a corresponding position, and the red and green lights must be fitted with inboard screens projecting at least three feet forward from the light so as to prevent the lights from being seen across the bow." § 6762. Steam-Vessels in Rivers and Harbors.-All steam-vessels (except sea-going vessels and ferry-boats) navigating inland rivers and harbors must carry, in addition to the green and red lights required in the preceding section, a central range of two white lights; the after light being carried at a level of at least fifteen feet above the light at the head of the vessel. The head light must be so constructed as to show an unbroken light through twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the vessel; and the after light so as to show all around the horizon." § 6763. Steamers of Larger Size on the Great Lakes.-A steamer of over one hundred and fifty feet registered length navigating the Great Lakes and tributary waters must carry when under way, in addition to lights prescribed for vessels on the high seas, an additional after light similar in construction to that mentioned in the foregoing section, so fixed as to throw a light all around the horizon and of such a character as to be visible at a distance of at least three miles. This additional light must be placed in line with the keel at least fifteen feet higher from the deck and more than seventy-five feet abaft the other white light.8 § 6764. Steam-Vessels Engaged in Towing.-A steam-vessel towing another vessel must, in addition to her side lights, carry two bright white lights in a vertical line one over the other not less than six feet apart, and when towing more than one vessel, must carry an additional bright white light six feet above or below such lights if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds six hundred feet. Each Article 2 of the International Navigation Rules. These rules further allow steam-vessels to carry an additional light similar in construction to the white light mentioned in the text, at a higher level. Article 2 of the Rules for Inland Rivers and Harbors and rule 3 of the Rules for the Red River of the North and Rivers Emptying into the Gulf of Mexico are similar to the rule an nounced in the text, with the exception that they contain no provision for the height of the lights. Rule 3 of the Rules for the Great Lakes and connecting waters contains a similar provision as to the altitude of the lights. Article 2 (f) of the Rules for Inland Rivers and Harbors. Rule 2 (e) of the Rules for the Great Lakes and Tributary Waters. of these lights must be of the same construction and character and carried in the same position as the white light required to be carried steam-vessels as set forth in the preceding section, excepting the additional lights, which may be carried at a height of not less than fourteen feet above the hull. The towing vessel may carry a similar white light abaft the funnel or aftermast for the vessel towed to steer by, but this light must not be visible forward of the beam." $6765. Vessels Not Under Control.-A disabled vessel not under control must carry, at the same height as the forward white light heretofore mentioned, where they can best be seen, and, if a steam-vessel, in lieu of that light, two red lights, in a vertical line one over the other, not less than six feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles, and by day such a vessel must carry two black balls or shapes each two feet in diameter, similarly placed.10 This rule refers solely to vessels in some way disabled, and has no application to a vessel simply moving slowly in a light wind without complete steerageway for all manoeuvres, but sufficient to keep her course; and this signal is not a signal of a vessel in distress and requiring assistance.12 con Article 3 of the International Navigation Rules; Article 3 of the Rules for Inland Rivers and Harbors; Rule 4 of the Rules for the Great Lakes and Connecting Waters; Rule 4 of the Rules for the Red River of the North and the Rivers Emptying into the Gulf of Mexico. Under this rule, a steam-tug which has no masts, and cannot carry a light at her mast-head, must carry two bright white head-lights vertically, of a character to be visible five miles away on a dark night with a clear atmosphere, and so structed as to show a uniform and unbroken light ahead, and from ten points on one side to ten points on the other side of the tug: The Jesse Williamson, Jr., 17 Blatchf. (U. S.) 106. The requirement of Inspectors' Rule 11 (30 U. S. Stat. at Large 102), that "barges and canal-boats when towed at a hawser, two or more abreast in one tier, shall carry a white light on the bow and a white light on the stern of each of the outside boats," imposes a duty on the tow, as well as on the tug, to see that such lights are maintained, and imposes the duty not only on the .11 outside boats, but on each one in the tier, since the requirement is for the benefit of all; and for a collision resulting when such requirement is not being observed each boat injured should be held in fault: The Lyndhurst, 92 Fed. Rep. 681. 10 Article 4 (a) of the International Navigation Rules. An accident to the machinery of a steamship, which reduces her speed from eleven to three or four knots, but leaves her capable of being steered, moving ahead, stopping or going astern, does not entitle her to carry the three red lights in place of her white light, prescribed by the Regulations for Preventing Collisions at Sea, article 5 (a), for steamships not under command, nor dispense with her carrying the side lights required by subs. (c) of such a steamship when making way; and her carrying such red lights and failing to show the side lights until the moment of collision render her responsible for the collision: The P. Caland, [1892] Prob. 191; aff'g s. c. [1891] Prob. 313. "The Cheruskia, 92 Fed. Rep. 683. "Rule 4 of the International Navigation Rules. § 6766. Sailing-Vessels Under Way and Vessels in Tow are Required to Exhibit Similar Lights.-A sailing-vessel under way and any vessel being towed, must carry the lights prescribed for steamvessels under way, with the exception of the white lights, which they must not carry.1 13 § 6767. Small Vessels.-Steam-vessels of less than forty tons, which do not display the lights required of other steam-vessels, must carry in the fore part of the vessel or on or in front of the vessel, where it can best be seen, at a height above the gunwale of not less than nine feet, a bright white light, constructed and fixed as prescribed in the case of larger steam-vessels under way, and of such a character as to be visible at a distance of at least two miles; and on the sides the green and red lights prescribed for steam-vessels under way, of such a character as to be visible at a distance of at least one mile; or a combined lantern showing the green light and red light from right ahead to two points aft the beam on their respective sides, the lanterns to be carried not less than three feet above the white light. In the case of small steamboats, such as are carried by sea-going vessels, the white light may be displayed at a less height than nine feet above the gunwale, but it must be carried above the combined lantern. Vessels under oars or sails of less than twenty tons must have ready at hand a lantern with a green glass on one side and a red glass on the other, which must be exhibited on the approach of or to other vessels in sufficient time to prevent collision.1* Whenever the green and red side lights cannot be fixed on small vessels under way during bad weather, these lights must be kept at hand, lighted and ready for use, and on the approach of or to other vessels must be exhibited in their proper places in sufficient time to prevent collision and in such a manner as to make them most visible; and to make the use of these portable lights more certain and easy; the lanterns containing them must be painted outside with the color of the light they respectively contain and must be provided with proper screens.15 Rowboats, whether under oars or sails, must have ready at hand lanterns showing a white light, which must be exhibited in sufficient time to prevent collision.16 13 Article 5 of the International Navigation Rules; Article 5 of the Inland River and Harbor Rules; Rule 8 of the Rules for the Red River of the North and Rivers Emptying into the Gulf of Mexico. Rule 6 of the Great Lakes Navigation Rules requires a vessel in tow to carry a similar bright light aft in such a way that it will not be visible forward of the beam. 14 Article 7 of the International Navigation Rules. Article 6 of the International Navigation Rules; Article 6 of the Inland River and Harbor Rules; Rule 8 of the Great Lakes Rules; Rule 9 of the Red River of the North &c. Rules. 16 Article 7 of the International Navigation Rules and also of the Inland Rivers and Harbors Rules. |