1 The Maritime Safety Committee, at its seventy-ninth
session (1 to 10 December 2004), noted that Rule 1(e) of the International
Regulations for Preventing Collisions at Sea, 1972, as amended, allows
that "whenever the Government concerned shall have determined that
a vessel of special construction or purpose cannot comply fully with
the provisions of any of these Rules with respect to number, position,
range or arc of visibility of lights or shapes, as well as to the
disposition and characteristics of sound-signalling appliances, such
vessel shall comply with such other provisions in regard to number,
position, range or arc of visibility of lights or shapes, as well
as to the disposition on characteristics of sound-signalling appliances
as her Government shall have determined to be the closest possible
compliance with these Rules in respect of that vessel."
2 The Committee also noted that reports received
from mariners, indicate that difficulties have been encountered at
sea at night, in determining the aspect of an approaching vessel particularly
on reciprocal or near reciprocal courses when the two masthead lights
of the other vessel are not positioned on the centre line of the vessel.
3 The Committee further noted that this could
lead to the ship's officer arriving at a wrong decision as to whether
the risk of collision exists or not; particularly taking into account
that Rule 14(b) provides that "such a situation shall be deemed to
exist when a vessel sees the other ahead or nearly ahead and by night
she could see the masthead lights of the other in a line or nearly
in a line and/or both sidelights and by day she observes the corresponding
aspect of the other vessel".
4 This circular complements the guidance provided
in MSC/Circ.473 of 18 May 1987.
5 Member Governments are invited to take into
account the potential problem posed to other vessels, whenever they
grant exemptions under Rule 1(e) and to do so only in very extraordinary
circumstances. Financial aspects should not be a consideration for
granting exemption.