The Origins of the Rules of the Road
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by Charles Dana Gibson (1928–2019), posthumously submitted by E. Kay Gibson
ntil near the end of the nineteenth century, there were no the War Department issued its own separate order (General Orinternational rules for the passing and overtaking of vessels der No. 246), which reiterated the language of the Navy Departon the high seas. For passing and overtaking on inland waters, ment’s General Order No. 34. The Army’s order was to be “imsome rules did exist worldwide, but these were far from universal, mediately adopted on all vessels owned or chartered by the Quarcourtesy of doyle auctioneers & appraisers either in application or comtermaster Department of the patibility with all nations. In Army.” Although Congress Europe, navigation rules were did nothing regarding rules usually implemented through applicable to commercial vespilotage systems under which sels until well after the Civil foreign-flag vessels took on loWar, the 1864 Navy and cal pilots when entering the Army rules set the stage for respective nation’s inland wathe standardization of colliters. Pilotage was the insurance sion avoidance for the rethat native mariners would be mainder of that conflict—at at a ship’s con. least on the Chesapeake. At home, the US did not In 1890, navigation rules have any federal laws or reguwere put into international lations for meeting or overtakpractice for both commercial ing situations on its inland and naval vessels on the high waters up until about 1897. seas, following the first InterNor did it have federal laws or national Maritime Conferregulations standardizing sigence held the year before in nals or running lights. Some Washington, DC, where the Two Clippers — Nocturne by Montague Dawson (1890–1973) 7/ 7/ states and/or port jurisdictions rules were discussed and finaloil on canvas, 39 8 x 49 8 inches had developed individualized ized. These rules, which beNavigation lights were first required in the US when Congress passed a regulations, and these—as in came known as the Internalaw in 1838 requiring steamboats to carry signal lights between sunset Europe—were in the main tional Rules of the Road, were and sunrise, but no details regarding color or placement were provided. implemented by pilotage reratified by all participating The act was amended in 1849 to include sailing vessels. quirements. Again, as in Eunations—the United States rope, there were more often than not considerable differences in included as one of the parties. In 1897, the US Congress passed rules from jurisdiction to jurisdiction. legislation for meeting and overtaking on United States inland With the advent of the American Civil War, traffic on many waters. To these were addended rules dealing with sound signals United States inland waterways and harbors increased many-fold and lighting. over what it had been in peacetime. This was especially true on Since their original adoption, both the International Rules Chesapeake Bay and its tributaries. At one point on the Chesa- and the US Inland Rules have been amended several times, either peake alone, the Army’s Quartermaster Department had under by treaty to which the US was party or, in the case of the Inland its direct control 190 ocean and coastal-class steamboats, 60 Rules, through domestic legislation. Despite these many changes, steam tugs towing an aggregate of over 100 barges, and forty sail it is interesting to note that for both the International and the vessels. Additionally, there was a large number of Union naval Inland meeting and passing rules, there has been little alteration craft in support of operations being conducted on the Bay’s rivers from that which made up the Navy’s General Order 34 back in and estuaries. Besides all this, there was the normal commercial 1864. traffic servicing the civilian economy via the many ports bordering the Chesapeake Bay. Many of the Quartermaster Department’s Captain Charles Dana Gibson (1928–2019) was a licensed Tugmasships were crewed by men who had minimal knowledge of local ter, Oceans, and Master of Inspected Steam and Motor Vessels, 500 navigation customs; the Navy ships weren’t much better. The tons, Oceans, Issue 8. He played a prominent historian’s role in the absence of local knowledge could at times produce considerable 1988 court decision that granted veterans’ status to members of the chaos. The Navy, which had been suffering an inordinate amount American oceangoing merchant marine who actively sailed between of collision damage, decided to do something about the problem. 7 December 1941 and 15 August 1945. Captain Gibson was the On 4 May 1864, it issued General Order No. 34, which was author/co-author of eight books on aspects of maritime history and distributed widely to all shipping interests on the Bay. General the recipient of numerous awards including the Distinguished Service Order No. 34 specified rules for meeting and overtaking for both Award given by the US Merchant Marine Academy, the Captain K. steam and sail vessels, as well as signals for passing and lights to C. Torrens Award from the Council of American Master Mariners, be shown at night. If nothing else, the Navy hoped to limit its and the K. Jack Bauer Award given by the North American Society liability when faced with admiralty court actions. On 13 August, for Oceanic History.
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