A steam vessel shall be provided with an efficient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction; also with an efficient bell. A sailing vessel of twenty gross tons or upward shall be provided with a similar bell.

In fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, the signals described by this section shall be used as follows, namely:

(a) A steam vessel under way and towing another vessel or vessels shall sound, at intervals of not more than one minute, three distinct blasts of the whistle, of approximately equal length.

(b) A steam vessel under way without a tow shall sound, at intervals of not more than one minute, three blasts of the whistle, the first two blasts to be approximately of equal length, the last blast to be longer.

(c) A steam vessel, with or without a tow, lying to, by which is meant holding her position near or against the bank by using her engines, or temporarily moored to the bank, when a fog signal or other sound is heard indicating the approach of another vessel, shall, if lying to on the right bank, give one tap of the bell to indicate her presence, and if lying to on the left bank, two taps of the bell, at intervals of not more than one minute, such signals to continue until the approaching steam vessel has passed. Right and left bank is understood as facing downstream or with the flow of the current.

(d) A vessel when at anchor shall, at intervals of not more than one minute, ring the bell rapidly for about five seconds, except that the following vessels shall not be required to sound this signal when anchored in a special anchorage area established pursuant to section 322(c) of this title:

(1) a vessel of not more than sixty-feet in length; and

(2) a barge, canal boat, scow or other nondescript craft. (R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 5, 1963, Pub. L. 88-84, § 4, 77 Stat. 117.)

STEERING AND SAILING RULES

§ 341. Rate of speed in fog or bad weather conditions (Rule 16).

Every steam vessel shall, in fog, mist, falling snow, heavy rainstorms, or any other condition similarly restricting visibility, whether by day or night, go at a moderate speed. A steam vessel hearing, apparently forward of her beam, the fog signal of another vessel shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.
CODIFICATION

This rule as enacted in the Revised Statutes, read as follows: "Rule 16. If two sail-vessels are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other."

It was amended by act Mar. 3, 1897, to read as set forth above.

See, also, note to section 301 of this title.

International rules for navigation at sea, see section 1077 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 272 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 192 of this title.

§ 341a. Ascertainment of risk of collision.

Risk of collision can, when circumstances permit, be ascertained by carefully watching the bearing of an approaching vessel. If the bearing does not appreciably change such risk should be deemed to exist. (R.S. § 4233; May 21, 1948, ch. 328, § 4, 62 Stat. 250)

International rules for navigation at sea, see section 1078 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 201 of this title.

§ 342. Sailing vessels approaching one another (Rule 17).

When two sailing vessels 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, namely:

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

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

(c) When both are running free, with the wind on different sides, the vessel 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 vessel which is to the windward shall keep out of the way of the vessel which is to the leeward.

(e) A vessel which has the wind aft shall keep out of the way of the other vessel. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 26 Stat. 672; Mar. 3, 1897, ch. 389, § 12, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

This rule as enacted in the Revised Statutes, read as follows:

"Rule 17. When two sail-vesels are crossing so as to involve risk of collision, then, if they have the wind on different sides, the vessel with the wind on the port side shall keep out of the way of the vessel with the wind on the starboard side, except in the case in which the vessel with the wind on the port side is close-hauled, and the other vessel free, in which case the latter vesel shall keep out of the way. But if they have the wind on the same side, or if one of them has the wind aft, the vessel which is to windward shall keep out of the way of the vessel which is to leeward."

It was amended by act Mar. 3, 1897, to read as set forth above.

See, also, note to section 301 of this title.

International rules for navigation at sea, see section 1079 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 281 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 202 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 348 of this title. § 343. Steam vessels meeting end on; signals (Rule 18). (a) When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, except when one steam vessel is ascending and the other descending a river, it shall be the duty of each to pass on the port side of the other, and to alter course to starboard sufficiently so that this can be done in safety. This maneuver shall require an exchange of one-blast signals when the vessels are not less than one-half mile apart, and either vessel shall blow the first signal which the other shall promptly answer.

(b) When an ascending steam vessel is approaching a descending steam vessel on a river, the signals for passing shall be one distinct blast of the whistle by each vessel if passing port to port, and two distinct blasts of the whistle if passing starboard to starboard.

The pilot of the ascending steam vessel shall give the first signal for passing, which shall promptly be answered by the same signal by the pilot of the descending steam vessel, if safe to do so, and both shall be governed accordingly; but if the pilot of

International rules for navigation at sea, see section 1081 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 283 of this title.

Navigation rules for harbors, rivers, and inland waters generally, see section 204 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 348 of this title.

§ 345. Steam and sailing vessels meeting (Rule 20).

When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, except when the sailing vessel is overtaking the steam vessel, the steam vessel shall keep out of the way of the sailing vessel. This rule shall not give to a sailing vessel the right to hamper the safe passage of a large steam vessel or vessel with tow that is ascending or descending a river. (R.S. 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Nov. 5, 1966, Pub. L. 89764, § 5, 80 Stat. 1313.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.
CODIFICATION

See note to section 301 of this title.
AMENDMENTS

1966-Pub. L. 89-764 inserted sentence providing that this rule shall not give to a sailing vessel the right to hamper the safe passage of a large steam vessel or vessel with tow that is ascending or descending a river.

1948-Act May 21, 1948, amended section generally.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment of section by Pub. L. 89-764 effective as of the ninetieth day after Nov. 5, 1966, see section 7 of Pub. L. 89-764, set out as a note under section 205 of this title.

EFFECTIVE DATE OF 1948 AMENDMENT

Amendment of section by act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title.

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1082 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 284 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 205 of this title.

International rules for navigation at sea, see section 1085 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 286 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 208 of this title.

§ 347. Overtaking vessels to keep out of way; signals (Rule 22).

(a) Notwithstanding anything contained in sections 301 to 352 of this title, every vessel, overtaking any other, shall keep out of the way of the overtaken vessel.

Every vessel coming up with another vessel from any direction more than two points abaft her beam shall be deemed to be an overtaking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

As the overtaking vessel cannot always know with certainty whether she is forward of or abaft this direction from the other vessel, she should, if in doubt, assume that she is an overtaking vessel and keep out of the way.

(b) When one steam vessel is overtaking another steam vessel, so as to involve risk of collision, and the overtaking vessel shall desire to pass on the right or starboard side of the other vessel, she shall give, as a signal of such desire, one distinct blast of her whistle, and if the overtaken vessel answers with one blast, shall direct her course to starboard; or if the overtaking vessel shall desire to pass on the left or port side of the other vessel, she shall give as a signal of such desire, two distinct blasts of her whistle and if the overtaken vessel answers with two blasts, shall direct her course to port. However, if the overtaken vessel does not think it is safe for the overtaking vessel to attempt to pass at that time, she shall immediately so signify by giving several short and rapid blasts of her whistle, not less than four, and under no circumstances shall the overtaking vessel attempt to pass until such time as they have reached a point where it can be safely done, and the overtaken vessel shall have signified her willingness by blowing the proper signal, two blasts for the overtaking vessel to pass on the port side, one blast to pass on the starboard side, which signal shall be answered with a similar signal by the overtaking vessel before passing. After an agreement has been reached the overtaken vessel shall in no case attempt to cross the bow or crowd upon the course of the overtaking vessel. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

International rules for navigation at sea, see section 1086 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 287 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 209 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 348 of this title. § 348. Vessel having right of way to keep course (Rule 23).

Where by sections 342, 344, 345, and 347 of this title one of two vessels shall keep out of the way, the other shall keep her course, subject to the qualifications of section 350 of this title. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

International rules for navigation at sea, see section 1083 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 285 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 206 of this title.

§ 348a. Steam vessel not to hamper safe passage of large vessel or vessel with tow (Rule 23(A)).

A steam vessel of less than sixty-five feet in length which can maneuver easily shall not hamper the safe passage of a large vessel or vessel with tow that is ascending or descending a river. (R.S. §4233, Rule 23(A), as added Nov. 5, 1966, Pub. L. 89-764, § 6, 80 Stat. 1313.)

EFFECTIVE DATE

Section effective as of the ninetieth day after Nov. 5, 1966, see section 7 of Pub. L. 89-764, set out as a note under section 205 of this title.

§ 349. Danger signals; responding signals; additional signals (Rule 24).

(a) If, when steam vessels are approaching each other either vessel for any reason fails to understand, or regards as unsafe, the course or intention of the other, the vessel in doubt shall immediately so signify by giving several short and rapid blasts of her whistle, at least four, the danger signal.

(b) Whenever a steam vessel, whether ascending or descending, is nearing a bend in a channel where, from the height of the banks or other cause, a steam vessel approaching from the other direction cannot be seen for a distance of six hundred yards, such steam vessel, when within six hundred yards of such bend-or if she have a tow projecting ahead, then when the head of such tow is within six hundred yards of the bend-shall give a signal by three distinct blasts of her whistle, which signal shall be answered by a similar signal given by any approaching steam vessel that may be within hearing around the bend. Should such signal be so answered by a steam vessel upon the farther side of such bend, then, immediately upon sighting each other, the usual signals for meeting and passing shall be given and answered. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend shall be rounded with alertness and caution.

(c) When a steam vessel is moved from her dock, or anchorage, she shall give the same signal as in the case of a steam vessel nearing a bend, but she and any approaching vessel shall be governed by sections 350 and 351 of this title until her course is apparent, and then both vessels shall be governed by the other steering and sailing rules.

(For additional whistle signals and other regulations established by the Commandant, United States Coast Guard, see Pilot Rules for Western Rivers as prescribed under section 353 of this title.) R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

See note to section 301 of this title.
AMENDMENTS

1948-Act May 21, 1948, amended section generally.

EFFECTIVE DATE OF 1948 AMENDMENT Amendment of section by Act May 21, 1948, effective Jan. 1, 1949, see note set out under section 301 of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. CROSS REFERENCES

Similar rules

International rules for navigation at sea, see sections 1087 and 1090 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see sections 290 and 291 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 203 of this title.

§ 350. Departure from rules to avoid collision (Rule 25).

In obeying and construing sections 302 to 352 of this title due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the said sections necessary in order to avoid immediate danger. When such departure becomes necessary neither vessel shall have the right-of-way and both shall navigate with caution until danger of collision is over. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

International rules for navigation at sea, see section 1089 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 292 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 212 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 348, 349 of this title.

§ 351. Usual additional precautions required (Rule 26).

Nothing in sections 302 to 352 of this title shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, 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. (R. S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, § 13, 29 Stat. 690; May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

DERIVATION

Act Apr. 29, 1864, ch. 69, 13 Stat. 58.

CODIFICATION

This rule was added to R. S. § 4233 by amendment thereof by act Mar. 3, 1897.

See, also, note to section 301 of this title.

AMENDMENTS

1948-Act May 21, 1948, amended section generally.

International rules for navigation at sea, see section 1091 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 293 of this title.

Navigation rules for harbors, rivers and inland waters generally, see section 221 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 349 of this title. ORDERS

§ 352. Orders to helmsmen (Rule 27).

All orders to helmsmen shall be given as follows: "Right rudder" to mean "Direct the vessel's head to starboard".

"Left rudder" to mean "Direct the vessel's head to port." (Feb. 19, 1895, ch. 102, § 1, Rule 27, as added Aug. 21, 1935, ch. 595, § 4, 49 Stat. 669, and amended May 21, 1948, ch. 328, § 4, 62 Stat. 250.)

MISCELLANEOUS PROVISIONS

§ 353. Establishment of special rules; publication; hearings.

(a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 301 of this title, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference.

(b) Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the