Originally Posted by Lodesman
You really need to learn to read. I said the argument is stupid. Essentially your argument is that if a vessel runs into an anchored vessel, it has done nothing wrong and can't be held to account, because the Rules apply to collisions, not allisions. That's assuming the debatable point that an anchored vessel is a stationary object.
To reiterate my post # 207
An allision is a specific subset of a collision, which allying vessel is just as much subject to the International
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COLLISION Definition &
Definition & Citations:
In maritime law. The act of ships or vessels striking together. In its strict sense, collision means the impact of two vessels both moving, and is distinguished from allision, which designates the striking of a moving vessel against one that is stationary. But collision is used in a broad sense, to include allision, and perhaps other species of encounters between vessels. Wright v. Brown, 4 Ind. 9T, 58 Am. Dec. G22; London Assur. Co. v. Compauhia De Moageus, G8 Fed. 258, 15 C. C. A. 379; Towing Co. v. TLtna Ins. Co., 23 App. Div. 152, 48 N. Y. Supp. 927.
The term [My edit: read to say "collision"] is not inapplicable to cases where a stationary vessel is struck by one under way strictly termed “allision" or where one vessel is brought into contact with another by swinging at anchor.
My edit: Note "not inapplicable" means applicable, drop the double negative to make it sensible. Which to rewrite for clarity the above: "The term, collision, is applicable to cases where a stationary vessel is struck by one under way strictly termed "allision" or where one vessel is brought into contact with another by swinging at anchor. And even an injury received by a vessel at her moorings, in consequence of being violently rubbed or pressed against by a second vessel lying along-side of her. in consequence of a collision against such second vessel by a third one under way, may be compensated for, under the general
head of “collision.” as well as an injury which is the direct result of a “blow.” properly so called. The Moxey, Abb. Adm. 73, Fed. Cas. No. 9,S94
ALLISION Definition & Legal Meaning
Definition & Citations:
The running of one vessel into or against another, as distinguished from a collision, i. e., the running of two vessels against each other.
And as to the applicability of the International Regulations to vessels, within the USA the language is clear.
Applicability of the International Regulations does not matter if the vessel is underway or not underway.
The applicability of the International Regulations is to:
ALL vessels while upon the high sea; or
in waters connected therewith navigable by seagoing vessels; or
ALL other vessels when on waters of the United States.
The applicable of the regulations is based on the status of a vessel being "upon", "in" or "on" waters, and is not whether the status of the vessel is underway, at anchor or moored.
US CFR § 1603. Vessels subject to International Regulations
Except as provided in section 1604 of this title
and subject to the provisions of section 1605 of
this title, the International Regulations, as proclaimed under section 1602 of this title, shall be applicable to, and shall be complied with by-
(1) all vessels, public and private, subject to
the jurisdiction of the United States, while
upon the high seas or in waters connected
therewith navigable by seagoing vessels, and
(2) all other vessels when on waters subject
to the jurisdiction of the United States.