58
In 1840, Trinity House set out standard rules for
the whole of the UK, and adopted the "keep to the
starboard side" rule for all rivers and narrow
channels. Trinity House also introduced the so-called
“larboard helm rule” whereby, in an encounter in
open waters, each ship should avoid collision by
turning to starboard. These rules were given the
force of law in the UK by an Act of Parliament in
1846 At the same time, ships’ navigation lights,
green to starboard, red to port and white at the
masthead were also specified.
Subject to minor changes in wording, these rules
were consolidated by Shipping Acts in 1851 and
1854. However, the larboard helm rule was seriously
flawed, so radically new rules were introduced in
1863.
The main purpose of the 1863 Colregs was to get
rid of the unsatisfactory larboard helm rule, and
this was done for all cases except for ships meeting
end-on. Unfortunately the legislators were so
anxious to make a new start that they also omitted
the existing perfectly satisfactory rule requiring
steamships to keep to the starboard side of narrow
channels. This was a clear case of throwing the baby
out with the bath-water.
In 1867, Thomas Gray (an under-secretary at the
UK Board of Trade) produced a pamphlet explaining
how the new Colregs should be applied. This
included some verses which are by no means
forgotten today. For example:
When both sidelights you see ahead,
Port your helm and show your red (i.e. turn to
starboard – the old larboard-helm rule)
Green to green or red to red,
Perfect safety, go ahead.
If to starboard, red appear
It is your duty to keep clear.
In 1876, a Joint Committee of the Admiralty, the
Board of Trade. and Trinity House recommended,
inter alia, that the rule to keep to the starboard of
narrow channels should be reinstated. Unfortunately,
this recommendation was not implemented until
1880. Tragically, this was too late for those
passengers and crew of the Princess Alice, who had
lost their lives two years earlier.
From 1880 onwards, the "keep to starboard" rule
has worked well in rivers and narrow channels.
Meanwhile, the old larboard helm rule, requiring that
each vessel in an encounter should alter course to
starboard, continued to create mischief, although it
only applied to ships meeting end on. It contributed
to many collisions during the next one hundred
years. Unfortunately, no-one could devise a better
rule for meeting ships, and the solution has been to
introduce marine traffic separation schemes which
provide one-way lanes and thus reduce the number
of end-on meeting encounters, - e.g. in the Dover
Strait.
4 GUIDANCE IN 1878
In the absence of the "keep to starboard side of
narrow channels" rule in 1878, the only real
guidance for the masters of the Princess Alice and
the Bywell Castle was that they should follow "the
ordinary practice of seamen". However, this was not
a simple matter in a tidal river such as the Thames.
From 1840 to 1863, ships had been required to keep
to the right in rivers and narrow channels. On the
other hand, it was quite normal for ships proceeding
upstream to give way to ships proceeding
downstream. Also, ships proceeding against the tide
(like the Princess Alice) would try to keep out of the
main tidal stream, while ships proceeding with the
tide (like the Bywell Castle) would prefer to keep
within the main stream. Furthermore, ships requiring
deep water would tend to keep in the centre of the
channel and to the outside of bends. So vague advice
to follow "the ordinary practice of seamen" was not
helpful in deciding which side of a channel a ship
should keep to. (See appendix 1 for a comparison of
the 1867 and the 1972 versions of the applicable
rule).
The two shipmasters would also, of course, have
had in mind the rules for steamships meeting in open
waters. Prior to 1863 the rule for two ships
approaching so as to involve risk of collision was
that they should each alter course to starboard. This
was the old “larboard helm” rule, previously
mentioned. It was effective in cases where a precise
collision situation existed, but it proved to be lethal
when one ship believed there was risk of collision
and the other believed it to be a safe passing
situation. Many collisions developed from situations
such that, if no action had been taken, the two ships
would have passed clear. In fact it is still the case,
today, that most collisions result from situations
such that, if neither ship had manoeuvred, there
would have been a close, but safe passing.
The 1863 regulations did away with the larboard
helm rule except for the case of steam ships meeting
end-on or nearly end-on. However, for that situation
it was felt necessary to emphasise the principle that
ships should not alter course unnecessarily away
from a safe passing situation. This was the purpose
of Thomas Gray’s verse: