What if a latecomer anchors to close and hits you at night?

[Tom and Maje]

This happened to us in the BVI, but the guy did it during the day. I told him he was too close to us, but he refused to move. It was a charter boat. I got the boat information, called the charter company, and they fixed our boat.

Maje

[Goodxcharly]

I wouldn’t think scope length would matter. I run chain/rope so I always have a wide swing circle which all chainers don’t take into consideration when anchoring to close to me. They just need to look at the bow, nylon 3-strand that is not perpendicular to the water surface, rocket science.
If they have an expensive boat I let it go as they’re usually the first ones up when they hear a bump in the night😂.
Another trick that works, not my idea, take a picture while they drop anchor and make sure they see you and they will be happily on there way.

Sometimes I’ll move just to avoid a bad situation later on. Good seamanship.

[torrmundi]

This happened to me in Lake Sylvia, FL. At 12:30am (we are asleep, and and anchored), I wake to hear a chain rattling, very close. I pop up and see a large sport fisherman heading our way, about 25 feet away, man on dock, anchor chain descending. I rush on deck, struggling to be clothed, and the boat lurches - we've been hit, broadsides.

Long story short, captain was very drunk, we reported it to marine police, they came out and interviewed us both. I got a report number, and insurance information. After contacting his insurance, I reported the incident to them and gave full details. After getting a quote for repairs (minor), I forwarded that to them as well. Eventually, I was paid in full.

Thank goodness he was insured - he needed it, and thus so did I.

[Mush]

WAR!!

[thinwater]

This is well establish in international law. Goes WAY back. Examples below.


The first boat has a right to a clear berth. Latecomers must stay clear, regardless the scope the first boat used, regardless if the first boat has a Bahamian moor or similar, regardless of yawing or rope vs. chain rode. Yes, a very long scope may be greedy, but that's not relevant. And it is on the 2nd boat to figure out the swing of the first.

• You must keep watch at anchor, no excuse for sleeping. That's in COLREGS. Not common practice, but the OP's statement included an illegal practice by the first boat.

Thus, it is likely that both boats will be assigned some responsibility. Although this depends on the conditions, in mild weather the first boat could let out more scope or raise anchor and leave, or abandon the anchor and leave. Fenders could be placed, which is often enough in harbor. Was there a good reason in the hypothetical case that none of these were done? None was offered and the other side will ask. The judge will listen for your answer. Remember, being ashore or asleep is not an excuse, since the boat was not at dock.

I have moved, even if I was first. I have often put out fenders.

If you drag, you are now under way and it is your fault. Difficult to really prove, even with a track recording. I would argue you dragged 50'. Of course, there is no good argument why I didn't keep watch and leave either.

Also, did you have a black ball and light at night? Prove it.

I'd expect the damages would very likely be divided.



Anchoring, it seems, is a contact sport. The notion that boats that anchor in crowded harbors will never touch is ... not very realistic.


----


Some examples of case law.

---

194. When two vessels anchor near each other, there ought to be such space left for each of them swinging to her anchor, that in ordinary circumstances the two vessels cannot come together. If such a space is not left, it is a foul berth. The pilot is alone responsible whether the vessel takes np a foul berth or not: (The Feronia v. The Northampton, A. C, Nov. 7, 1853, Shipping Gazette.)
195. A vessel held liable for giving another a foul berth, whereby a collision was occasioned: (The Betsey, v The Countess of ilorley, A. C, Nov. 22, 1853; The Lady Ann v. The Highland Chief, A. C, Dec. 7, 1853, Shipping Gazette.)
196. If a vessel takes up a foul berth and occasions consequent damage to another, she is responsible: (The Dolphin v. The Economy, A. C, March 30, 1855. Shipping Gazette.)
197. A brig fonnd liable for damage by collision in consequence of having given a schooner a foul berth: (The Diane v. The Christina A. C, Feb. 21, 1856, Shipping Gazette)
198. Vessel giving another a foul berth held liable for damage by collision: (The Express v. The Rival, A. C, Jan. 29, 1857; The Jamaica v. The Sephora, A. C, Dec. 19, 1857, Shipping Gazette.)

Current law in Trinadad.

Every vessel coming to anchor in any harbour shall take a
clear berth in such manner that the vessel when at anchor shall be and swing clear of all other vessels and their cables and moorings, and in case of any contravention of this section the master of the vessel is liable to a fine of four hundred dollars.

UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011
LAWS OF TRINIDAD AND TOBAGO8Chap. 50:06Harbours

[Bill_Giles]

Your post suggests that you sleep through this. In my experience you may expect to sleep very lightly.and to hear the rattling of an anchor chain rattling nearby. At anchor one should be ready to get under way at any time. This means not drinking any more than you would if you were expecting to drive a car.

Also in a crowded anchorage it might be sensible to deploy fenders on both sides. Finally consider having lights in addition to your anchor light. We have solar garden lights around our cockpit.

[JPA Cate]

Originally Posted by Bill_Giles

Your post suggests that you sleep through this. In my experience you may expect to sleep very lightly.and to hear the rattling of an anchor chain rattling nearby. At anchor one should be ready to get under way at any time. This means not drinking any more than you would if you were expecting to drive a car.

Also in a crowded anchorage it might be sensible to deploy fenders on both sides. Finally consider having lights in addition to your anchor light. We have solar garden lights around our cockpit.

Yes, solar garden lights are often used. And they show up pretty well in the early hours, till about two or three in the morning, but by then, they are so dim, often as to be almost invisible to the late arrival in the anchorage. Just be aware, especially older ones may not be being as much help as you would like to give the newcomer.

When you're arriving at the quarantine anchorage in a new country in the middle of the night, they can be really hard to see, look sort of like faint shore lights, if they don't illuminate your boat very well. Do rely on a proper anchor light, not only solar garden lights, please.

Ann

[piloto]

Originally Posted by Franziska

Hi,



it has not happened to us, but, it might. Let's assume European law.

You are at anchor with reasonable amount of scope in a small anchorage which is not full.

Some folks anchor some go in the few moorings also present.



You go to bed and someone shows up and anchors way to close.

Your still asleep. A little later their boat hits yours resulting in some damage on your boat.


You have AIS and can proof your arrival time by this and have photos of the anchorage which show the other boat was not there when you anchored.



How do you approach this? Loop
Let's assume the other boat belongs to a charter company, your on your own boat.

Lash abeam the other boat, board with swords drawn and collect stores, electronics and new replacement dinghy, dive and fishing gear, return to your ship and slip the surly bonds to a more remote and hospitable anchorage in the dark of night.