Harbour Racing – Rules Semantics, Tactics and a Warning

WORDS: BEN HARDING

The government’s priority for harbour traffic management has always been to facilitate the flow of commercial traffic rather than recreational traffic like ours. With each close call, collision report, or observation of commercial traffic being impeded by a racing sailor, it becomes easier for the Marine Department to simply deny our applications for harbour racing permits.

This article will look at some of the rules and regulations, word meanings and considerations for us when racing amongst commercial traffic in the harbour, and elsewhere in Hong Kong waters.

The Sailing Instructions always include the Racing Rules of Sailing in the list of rules which govern the event. Any rule in the RRS (including the two important ones mentioned below), always apply. So, just like you know the racing ‘right of way’ rules when racing, you should know these as well.

Part 2 Preamble - When a boat sailing under these rules meets a vessel that is not, she shall comply with the International Regulations for Preventing Collisions at Sea (IRPCAS) or government right-of-way rules.

RRS 56.2 - A boat shall comply with rule 10, Traffic Separation Schemes, of the IRPCAS.

It is accepted that two boats racing against each other are interacting according to a mutually agreed set of rules (the RRS), and thus the usual collision regulations are not applied between these boats. With the inclusion of IRPCAS / Government rules in the RRS, the expected behaviour of boats who meet boats not racing is set in stone. Furthermore, boats may be protested for not complying with IRPCAS when required.

In Hong Kong, compliance with the government collision regulations is a legal requirement. So, as well as disqualification from a race under the racing rules, any boat found not complying with these has also broken local or international laws and may also face penalties in the courts.

The full text of IRPCAS in Chinese and English can be found at the link.

This is the set of international rules which are agreed and used worldwide by IMO contracting states. The latest edition is the 1972 set.

These are a government’s local laws which lay down the rules for the safety of its registered vessels and seafarers.

The Hong Kong ColRegs restate the IRPCAS with some minor alterations to suit the needs of Hong Kong. (The empowering law is Cap. 369N – Merchant Shipping (Safety) (Signals of Distress and Prevention of Collisions) Regulations.)

Thus, to all intents and purpose, ColRegs and IRPCAS are the same.

While we think we may have two-dimensional freedom on the water (and mostly we do) in the areas of highest traffic density in Hong Kong, we have two types of ‘traffic lane’ which help to organise the marine traffic; the Traffic Separation Schemes and the Principal Fairways. Both are covered in the IRPCAS.

Between Kellett Island and Lei Yue Mun, the Principal Fairways are Eastern Fairway, Hung Hom Fairway and the Central Fairway. In the other direction, there are the Northern Fairway, North Green Island Fairway, and the Southern Fairway.

When racing in these Principal Fairways, we are bound by IRPCAS 9(b) and 9(d) which states:

IRPCAS 9(b). A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway.

IRPCAS 9 (d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway

What does, “…can safely navigate only in a narrow channel or fairway” mean? It’s hard to say for sure, but common sense suggests that the most prudent interpretation of the phrase is needed, to be safe.

Take for example a tugboat with a significantly long tow behind, making way along a fairway. It would be a bold, but foolish, yacht skipper who would wilfully impede that tug and tow, relying on a defence that the tug can safely navigate anywhere else, therefore relieving the race yacht of any obligation under IRPCAS 9.

In short, any vessel who ‘may’ arguably have the slightest difficulty with manoeuvring due to her size or type is probably using the fairway for reasons of safety, given that fairways exist and are placed where they are to enhance safety.

It is an easy conclusion then for sailing protest committees and presumably law courts to find that any racing sailboat who impedes such a vessel following a fairway has broken IRPCAS 9.

In Hong Kong, the most encountered TSSs are the one close to Junk Bay (Tathong Channel Scheme) and the one South of Hong Kong in the Lamma Channel (Lamma Channel Scheme). Just outside of Hong Kong there are the TSSs between Hong Kong and Macau (Dangan Shuida and Lantau channel).

Always observe COLREGs

Proceed in the appropriate lane in the direction of traffic flow for that lane

Keep clear of a traffic separation line or separation zone Join or leave a traffic lane at its end where possible When joining or leaving a traffic lane from either side, do so at as small an angle as possible to the general direction of traffic flow

Anchor in Traffic Separation Scheme at or near its termination Enter a separation zone or cross a separation line except in case of emergency or to avoid immediate danger Impede the safe passage of a large vessel following the traffic lane

Cross the traffic lanes at right angles

So, when beating out of the harbour at Lei Yue Mun gap, it is not permissible to tack over to Junk Bay, then tack back to the west side of the TSS and continue like this, criss-crossing back and forth. This would be unnecessarily crossing the separation line demarcated by the buoys TCS1 to TCS4 in the Tathong Channel. Also, for some time, you would be sailing in the wrong lane of the TSS. As soon as it is practical to do so, you should remain in the western (southbound) lane of the TSS.

Similarly, if sailing in a westward direction along the south side of the island, it is a breach to cross the separation line (buoys LCS1 to LCS3) into the eastbound lane of the Lamma Channel scheme. Such sailing would be in breach of several rules, including RRS 56.2 and IRPCAS 10.

In addition to the RRS and IRPCAS, the race documents (Sailing Instructions and Notices of Race) include additional rules. It is the absolute intention of our race organisers that our racing has no impact on the flow of commercial traffic.

The race organisers may enhance safety by permitting (via the Sailing Instructions) the use of engines and other methods of propulsion when circumstances dictate. There is the obvious requirement that such propulsion doesn’t result in an advantage.

So, if you are becalmed and drifting into a TSS or into the path of a commercial vessel, use your engine, paddles, or other methods to get clear.

If you gain any ground in doing so, once the situation has been handled, return as honestly as you can to the position where you began, and resume your race. Make a declaration when you get ashore, if required.

The Sailing Instructions include some additional separation requirements between racing yachts and commercial vessels. Boats are required to stay outside a prohibited zone marked by dimensions from the commercial vessel, which moves with the vessel.

These ‘MPZs’ must not be entered. Remember, if you feel that you are being pushed into one of these by another boat, you have the right in the RRS to be given room to avoid these obstructions.

The Sailing Instructions (and government regulations) designate some areas of the harbour as prohibited areas. They may be temporary or permanent.

Some of the notable areas worth mentioning are:

1. Shun Tak Ferry Pier 2. PLA Naval Dock 3. All commercial use piers 4. Kai Tak Cruise Ship Terminal 5. Worksites listed in the Marine Department notices. 6. Areas marked by yellow ‘Special Marks’.

It is the sole responsibility of skippers to know how to recognise these and stay clear by the required distances. Check the SIs and Marine Department Notices before every race.

As if all the rules mentioned so far were not enough, the sailing instructions include one broad sweeping ‘catch-all’ rule.

“Boats should keep clear of commercial traffic at all times”.

It is irrelevant that the vessel’s captain seems fine with having to adjust his course or speed for the race yacht. The fact that the captain did not sound a horn does not exonerate the race yacht. Nor does it matter that the vessel may have been required to ‘give way’ under ColRegs.

Quite simply, if a vessel is unable to sail her desired course due to the presence of a racing yacht, the race yacht has not kept clear.

The outcome of this should be that when a commercial vessel navigates in the harbour a pathway free of racing yachts should magically appear ahead of her so that she does not need to adjust her course or change her speed to continue her passage.

Remember too, that these rules (at least at RHKYC) apply ‘at all times while afloat’.

That means, as you transit from the dock to the racing area and vice versa you are bound by them and may be protested for breaking them.

Note: Just to be clear, the rules mentioned in this section only apply to boats connected to a race. A boat not part of any race is only bound by government rules. Their obligations may be different.

A savvy racing yacht crew will manage the commercial traffic in many ways. Here are some strategies which help: • Get to the windward side of a high sided vessel’s course, to avoid a wind shadow. • Don't get ‘locked out’ on the wrong side of a vessel whose destination is not similar to your own and is moving at a similar speed to your own. • Be extra vigilant near (or avoiding altogether) the piers and other high-density areas to reduce the chance of having to alter your race unexpectedly. • Learn the routes of the harbour traffic you see. Do you know where the blue Sun Ferry company’s ferries operate to and from? How about the dangerous goods vehicle ferries? What is a ‘lighter’ and where would you expect one in the harbour to be going?

Collision avoidance rules rely on vessels making early and clear actions leaving no doubt to the other vessel, not only that you are aware of them, but also what your intentions are. (Remember, your intention must be to keep clear.) The key is to identify the traffic which may affect you as early as possible. Have someone on your crew dedicated to that role, perhaps. The earlier you start considering the traffic around you, the less of an effect on your race that traffic will have.

We all have a responsibility to comply with these rules whenever we sail, and to enforce those rules upon others. Otherwise, we risk having those penalties imposed on us by the clubs and government. Ultimately though, we stand to lose altogether, the privilege of being able to race in one of the world’s most spectacular harbours. Have we been duly warned? I think so.