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Attorney From page 6


possible and to cross them at as near as possible to a right angle. The yacht described by our reader would have been in violation of this rule if it was just loitering around or fi shing — but assuming they were cruising through the lane on their way to Catalina, they would have been OK. The reader correctly notes that


proper form of communication between vessels in sight of each other would is by VHF radio. Initial contact is established on channels 13, 16, or under some circumstances Channel 70, depending on the circumstances and the equipment aboard the vessel. However, use and monitoring of VHF radio by vessels less than 20 meters in length (around 65 feet) is not required. Even if the yacht were larger than 65 feet in length, the failure to monitor the radio (whether due to the device being broken or another reason) would have been only one factor in evaluat- ing liability for the incident under the comparative fault system. Similarly, radar is not required on vessels less than 1,600 gross tons (which roughly translates to some- thing the size of a large offshore oil supply vessel). However, pursuant to Navigation Rule 7, if a boat does have radar aboard, the crew must use it to avoid collision. In the incident described by our reader, the boat operator’s failure to use his radar would almost certainly have been deemed a factor in allocating fault between the two vessels. Investigations into the cause of a collision may be conducted by insur- ance companies, the Coast Guard or another regulatory agency, or by expert witnesses in a lawsuit. Insurance inves- tigators and expert litigation witnesses are, of course, unable to issue a citation to a boat operator who has violated a navigation rule. They can, however, determine that, in their opinion, a violation of the rules occurred, and that opinion may be used in litigation. These types of violations don’t immediately lead to a conclusion of


News Briefs From page 10


fault on the part of one party or another. Instead, the party who com- mitted the violation must show how the violation could not have been a cause of the incident. And, even if they are not able to make such a showing, this would establish only a compo- nent of comparative fault. It would not render that party wholly at fault unless it was shown that the other side bore no responsibility at all. Operating a vessel requires attention to numerous factors, and inattention to any one of those factors may lead to a collision. The allocation of fault in a collision is a complex endeavor that almost always requires the assistance of experienced experts, who are able to weigh all of the factors that may have


contributed to the incident.


David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the information provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opinion of an attor- ney in their home state.


David Weil is the managing attorney


The Log • Apr. 22 - May 5, 2016 • 11


at Weil & Associates (weilmaritime. com) in Long Beach. He is an adjunct professor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is former legal counsel to the California Yacht Brokers Association. He is also one of a small group of attorneys to be certifi ed as an Admiralty and Maritime Law Specialist by the State Bar of California. If you have a maritime law question for Weil, he can be contacted at (562) 438-8149 or at dweil@weilmaritime.com.


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