From Classique’s point of view, the ferry had turned towards Browns Island from 2 nmiles away at Sth Motuihe - it would normally round Browns Light at a prudent distance off & head for Auckland. Cqe had proceeded towards Motuihe leaving Browns Light astern (hidden by windscreen post) & the area clear for the ferry to turn into. Special circumstances are created here in that the ferry is on a regular run & recreational boaters give right of way to ferries, not wishing to impede their progress, therefore Cqe had no intention of turning starboard into the expected path of the ferry. The 1000 mtrs shown in photo1 would be an excessive distance for Colregs to apply – there is no distance given – out at sea with large ships is very different to a harbour locality with more manoeuvrable craft, therefore Cqe would not have to avoid crossing ahead of the ferry – in fact the ferry would be expected to turn before it reached Cqe & head in the direction from whence Cqe had come. Further more, prior to photo 1, the ferry had been heading towards a point past the stern of Cqe indicating that if both vessels kept their courses & speed each would pass clear of the other. This would be described as a borderline Head-on/Crossing situation – with the approach angle of 25 deg & the Crossing if there was to be one it would be astern with no risk of collision.
Colreg Risk Assessment and Risk Management.
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