Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 300.
Mr. Hoppin to Mr. Evarts.

Legation of the United States,
London, November 4, 1879. (Received November 17.)

No. 95.]

Sir: I have the honor to acknowledge the receipt of your instruction No. 380, of the 15th ultimo, and in obedience thereto I herewith inclose three copies of Her Majesty’s order in council, of the 14th of August last, relating to the prevention of collisions at sea, which I received from Lord Salisbury this morning.

I have, &c.,

W. J. HOPPIN.

[Inclosure with. No. 95.]

At the Court at Osborne House, Isle of Wight, the 14th day of August 1879.

Present, the Queen’s most excellent majesty in council.

Whereas, by “the merchant shipping act amendment act, 1862,” it was enacted that on and after the 1st day of June, 1863, or such later day as might be fixed for the purpose by order in council, the regulations contained in the table marked C in the schedule to the said act should come into operation, and be of the same force as if they were enacted in the body of the said act; but that Her Majesty might from time to time, on the joint recommendation of the admiralty and the board of trade, by order in council, annul or modify any of the said regulations, or make new regulations in addition thereto or in substitution therefor; and that any alterations in or additions to such regulations made in manner aforesaid should be of the same force as the regulations in the said schedule;

And whereas, by the same act, it was further provided that whenever it should be made to appear to Her Majesty that the government of any foreign country was willing that the regulations for preventing collisions contained in Table C in the schedule to the said act, or such other regulations for preventing collisions as are for the time being in force under the said act, should apply to the ships of such country when beyond the limits of British jurisdiction, Her Majesty might, by order in council, direct that such regulations should apply to the ships of the said foreign country, whether within British jurisdiction or not; and it was further provided by the said act that whenever an order in council had been issued applying any regulation made by or in pursuance of the said act to the ships of any foreign country, such ships should, in all cases arising in any British court, be deemed to be subject to such regulation, and should, for the purpose of such regulation, be treated as if they were British ships;

And whereas, by an order in council made in pursuance of the said recited act, and dated the 9th day of January, 1863, Her Majesty was pleased to direct—first, that the regulations contained in the schedule to the said act should be modified by the substitution for such regulations of certain regulations appended to the said order; secondly, that the said regulations appended to the said order should, on and after the 1st day of June, 1863, apply to French ships, whether within British jurisdiction or not;

And whereas, by several orders in council subsequently made, Her Majesty was pleased to direct that the regulations appended to the said order of the 9th of January, 1863, should apply to ships of the countries specified in the said orders, whether within British jurisdiction or not;

And whereas, by order in council dated the 30th day of July, 1868, Her Majesty, on the joint recommendation of the admiralty and the board of trade, was pleased to make certain additions to the regulations appended to the said first-recited order in Council, for the purpose of explaining Articles 11 and 13 of the said regulations, and of removing doubt and misapprehension concerning the effect of the said two articles;

And whereas the admiralty and the board of trade have jointly recommended to Her Majesty that the regulations contained in the order in council dated the 9th day of January, 1863, and the additions to the said regulations contained in the said order in council of the 30th day of July, 1868, shall be annulled from the 1st day of September, 1880, and that there shall be substituted for the said regulations and additions respectively the new regulations hereinafter set forth;

And whereas it has been made to appear to Her Majesty that the governments of the several foreign countries mentioned in the second schedule hereto are respectively willing that the regulations contained in the first schedule hereto shall apply to ships of the said countries respectively, whether within British jurisdiction or not:

Now, therefore, Her Majesty, by virtue of the powers vested in her by the said recited act, and by and with the advice of her privy council, is pleased to direct—

• First, that on and after the 1st day of September, 1880, the regulations appended to the said order in council of the 9th day of January, 1863, and the additions to the said regulations contained in the said order in council of the 30th day of July, 1868, shall be annulled, and that there shall be substituted for the said regulations and additions respectively the new regulations contained in the first schedule hereto.
• Second, that the said regulations contained in the said first schedule hereto shall, from and after the 1st day of September, 1880, apply to ships of the countries mentioned in the said second schedule hereto,^* whether within British jurisdiction or not.

C. L. PEEL.

FIRST SCHEDULE.

regulations for preventing collisions at sea.

Preliminary.

Article 1. In the following rules every steamship which is under sail and not under steam is to be considered a sailing-ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam.

Rules concerning lights.

Article 2. The lights mentioned in the following articles, numbered 3, 4, 5, 6, 7, 8, 9, 10, and 11, and no others, shall be carried in all weathers from sunset to sunrise.

Article 3. A seagoing steamship when under way shall carry

(a) On or in front of the foremast, at a height above the hull of not less than 20 feet, and if the breadth of the ship exceeds 20 feet, then at a height above the hull not less than such breadth, a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon of 20 points of the compass; so fixed as to throw the light 10 points on each side of the ship, viz, from right ahead to two points abaft the beam On either side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles.

(b) On the starboard side, a green light so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass; so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.

(c) On the port side, a red light, so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass; so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.

(d) The said green and red sidelights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow.

Article 4. A steamship, when towing another ship, shall, in addition to her side lights, carry two bright white lights in a vertical line one over the other, not less than three feet apart, so as to distinguish her from other steamships. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light which other steamships are required to carry.

Article 5. A ship, whether a steamship or a sailing-ship, when employed either in laying or in picking up a telegraph cable, or which from any accident is not under command, shall at night carry, in the same position as the white light which steamships are required to carry, and, if a steamship, in place of that light, three red lights, in globular lanterns, each not less than 10 inches in diameter, in a vertical line one over the other, not less than three feet apart; and shall by day carry in a vertical line one over the other, not less than three feet apart, in front of but not lower than her foremast head, three black balls or shapes, each two feet in diameter.

These shapes and lights are to be taken by approaching ships as signals that the ship using them is not under command, and cannot therefore get out of the way.

The above ships, when not making any way through the water, shall not carry the side lights, but when making way shall carry them.

Article 6. A sailing-ship underway, or being towed, shall carry the same lights as are provided by Article 3 for a steamship under way, with the exception of the white light, which she shall never carry.

Article 7. Whenever, as in the case of small vessels during bad weather, the “green and red side lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side.

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the color of the light they respectively contain, and shall be provided with proper screens.

Article 8. A ship, whether a steamship or a sailing-ship, when at anchor, shall carry, where it can best be seen, but at a height not exceeding 20 feet above the hull, a white light, in a globular lantern of not less than eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile.

Article 9. A pilot vessel, when engaged on her station on pilotage duty, shall not carry the lights required for other vessels, but shall carry a white light at the masthead, visible all round the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes.

A pilot vessel, when not engaged on her station on pilotage duty, shall carry lights similar to those of other ships.

Article 10. (a.) Open fishing-boats and other open boats when under way shall not be obliged to carry the side lights required for other vessels; but every such boat shall in lieu thereof have ready at hand a lantern with a green glass on the one side and a red glass on the other side; and on the approach of or to other vessels such lantern shall be exhibited, in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard.

(b) A fishing-vessel, and an open boat, when at anchor, shall exhibit a bright white light.

(c) A fishing-vessel, when employed in drift-net fishing, shall carry on one of her masts two red lights in a vertical line one over the other, not less than three feet apart;

(d) A trawler at work shall carry on one of her masts two lights in a vertical line-one over the other, not less than three feet apart, the upper light red and the lower-green, and shall also either carry the side lights required for other vessels, or, if the side lights cannot be carried, have ready at hand the colored lights, as provided in Article 7, or a lantern with a red and green glass, as described in paragraph (a) of this-article,

(e) Fishing-vessels and open boats shall not be prevented from using a flare-up in addition, if they desire to do so.

(f) The lights mentioned in this article are substituted for those mentioned in the 12th, 13th, and 14th articles of the convention between France and England scheduled to the British Sea Fisheries Act, 1868.

(g) All lights required by this article, except side lights, shall be in globular-lanterns, so constructed as to show all round the horizon.

Article 11. A ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or a flare-up light.

Sound signals for fog, &c.

Article 12. A steamship shall be provided with a steam-whistle or other efficient steam sound signal, so placed that the sound may not be intercepted by any obstructions, and with an efficient fog-horn to be sounded by a bellows or other mechanical means, and also with an efficient bell. A sailing-ship shall be provided with a similar fog-horn and bell.

In fog, mist, or falling snow, whether by day or night, the signals described in this article shall be used as follows, that is to say:

(a) A steamship under way shall make with her steam-whistle, or other steam sound signal, at intervals of not more than two minutes, a prolonged blast.

(b) A sailing-ship under way shall make with her fog-horn, at intervals of not more than two minutes, when on the starboard tack one blast, when on the port tack two blasts in succession, and when with the wind abaft the beam three blasts

(c) A steamship and a sailing-ship, when not under way, shall, at intervals of not more than two minutes, ring the bell.

Speed of ships to be moderate in fog, &c.

Article 13. Every ship, whether sailing-ship or steamship, shall, in a fog, mist, or falling snow, go at a moderate speed.

Steering and sailing rules.

Article 14. When two sailing-ships are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, viz:

(a) A ship which is running free shall keep out of the way of a ship which is close-hauled.

(b) A ship which is dose-hauled on the port tack shall keep out of the way of a ship which is close-hauled on the starboard tack.

(c) When both are running free, with the wind on different sides, the ship which has the wind on the port side shall keep out of the way of the other.

(d) When both are running free, with the wind on the same side, the ship which is to windward shall keep out of the way of the ship which is to leeward.

(e) A ship which has the wind aft shall keep out of the way of the other ship.

Article 15. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.

This article only applies to cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two ships which must, if both keep on their respective courses, pass clear of each other.

The only cases to which it does not apply are, when each of the two ships is end on, or nearly end on, to the other; in other words, to cases in which, by day, each ship sees the masts of the other in a line, or nearly in a line, with her own; and, by night, to cases in which each ship is in such a position as to see both the side lights of the other.

It does not apply, by day, to cases in which a ship sees another ahead crossing her own course; or, by night, to cases where the red light of one ship is opposed to the red light of the other, or where the green light of one ship is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead.

Article 16. If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.

Article 17. If two ships, one of which is a sailing-ship and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing-ship.

Article 18. Every steamship, when approaching another ship, so as to involve risk of collision, shall slacken her speed or stop and reverse if necessary.

Article 19. In taking any course authorized or required by those regulations, a steamship underway may indicate that course to any other ship which she has in sight by the following signals on her steam-whistle, viz:

One short blast to mean “I am directing my course to starboard.”

Two short blasts to mean “I am directing my course to port.”

Three short blasts to mean “I am going full speed astern.”

The use of these signals is optional; but if they are used the course of the ship must be in accordance with the signal made.

Article 20. Notwithstanding anything contained in any preceding article, every ship, whether a sailing-ship or a steamship, overtaking any other, shall keep out of the way of the overtaken ship.

Article 21. In narrow channels every steamship shall, when it is safe and practicable, keep to that side of the fair-way or mid-channel which lies on the starboard side of such ship.

Article 22. Where, by the above rules, one of two ships is to keep out of the way, the other shall keep her course.

Article 23. In obeying and construing these rules due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

No ship under any circumstances to neglect proper precautions.

Article 24. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any negect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Reservation of rules for harbors and inland navigation.

Article 25. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland navigation.

Special lights for squadrons and convoys.

Article 26. Nothing in these rules shall interfere with the operation of any special rules made by the government of any nation with respect to additional stations and signal-lights for two or more ships of war or for ships sailing under convoy.

SECOND SCHEDULE.

• Austria-Hungary.
• Belgium.
• Chili.
• Denmark.
• France.
• Germany.
• Great Britain.
• Greece.
• Italy.
• Netherlands.
• Norway.
• Portugal.
• Russia.
• Spain.
• Sweden.
• United States.

1. See page 472, post.