§ 41 — Pilot rules

§ 41. Pilot rules. The following rules shall be observed on all\nmechanically propelled vessels on the navigable waters of the state and\nall tidewaters bordering on or lying within the boundaries of Nassau and\nSuffolk counties: 1. Signals. The signals for passing, by the blowing\nof the whistle, shall at all times be given by the master as defined in\nthis act.\n (a) One distinct blast of the whistle shall mean: "I direct my course\nto starboard"; except when two vessels are approaching each other at\nright angles or obliquely, when it shall signify the intention of the\nvessel which is to starboard of the other to hold course and speed.\n (b) Two distinct blasts of the whistle shall mean: "I direct my course\nto port."\n (c) Three distinct blasts of the whistle shall mean: "My engines are\ngoing at full speed astern."\n (d) Four distinct blasts of the whistle shall mean: "I am in distress\nand need your assistance."\n (e) Five or more distinct blasts of the whistle shall constitute the\n"danger signal."\n (f) It shall be forbidden to use what has become technically known\namong pilots as "cross-signals"; that is answering one whistle with two,\nor two whistles with one.\n (g) When a vessel is under way in a fog, mist, falling snow, or heavy\nrain storm, it shall be the duty of the master to cause a long blast of\nthe whistle to be sounded at intervals not exceeding one minute. When\ntowing other vessels the long blast of the whistle shall be followed by\ntwo short blasts. Such vessel shall proceed at a moderate speed and with\ncaution, having careful regard to the existing circumstances and\nconditions.\n (h) The master of a vessel, when at anchor during a fog, mist, falling\nsnow or heavy rain storm, shall, at intervals of not more than one\nminute, ring a bell rapidly or sound other warning signals for about\nfive seconds.\n 2. Positions. (a) When vessels are approaching each other "head and\nhead," that is, end on or nearly so, it shall be the duty of each to\npass on the port side of the other, and either vessel shall give, as a\nsignal of her intention, one distinct blast on her whistle, which the\nother vessel shall answer promptly with one similar blast of her\nwhistle.\n (b) When vessels are approaching each other and the courses of such\nvessels are so far to the starboard of each other as not to be\nconsidered to be meeting head on or nearly so, either vessel shall\nimmediately give two distinct blasts of her whistle, which the other\nshall answer promptly with two similar blasts of her whistle, and they\nshall pass on the starboard side of each other.\n (c) When vessels are approaching each other at "right angles or\nobliquely" so as to involve risk of collision, the vessel which has the\nother on her own port side shall hold her course and speed, and shall so\nsignify with one distinct blast of her whistle; and the vessel which has\nthe other on her own starboard side shall keep out of the way of the\nother by directing her course to starboard so as to cross the stern of\nthe other vessel, or, if necessary to do so, shall slacken her speed, or\nstop or reverse.\n (d) When vessels are running in the same direction and the vessel\nwhich is astern shall desire to pass on the starboard side of the vessel\nahead, she shall give one distinct blast of her whistle as the signal of\nsuch desire, and if the vessel ahead answers with one similar blast of\nher whistle, she shall pass to the starboard; or if the vessel astern\nshall desire to pass on the port side of the vessel ahead, she shall\ngive two distinct blasts of her whistle as a signal of such desire, and,\nif the vessel ahead answers with two similar blasts of the whistle, she\nshall pass to the port; but if the vessel ahead does not think it safe\nfor the vessel astern to pass at that point, she shall immediately\nsignify the same by giving five or more rapid blasts of her whistle (the\ndanger signal), and under no circumstances shall the vessel astern\nattempt to pass the vessel ahead until such time as they have reached a\npoint where it can be safely done, when said vessel ahead shall signify\nher willingness by blowing the proper signal, which shall be answered by\nthe vessel astern. Neither vessel shall in any case attempt to cross the\nbow or to crowd upon the course of the other vessel.\n (e) If when vessels are approaching each other head and head, that is,\nend on or nearly so, (as per subdivision (a) and (b)) or crossing each\nother's courses, (as per subdivision (c)), or desire to pass each other\n(as per subdivision (d)), either vessel fails to understand the course\nor intention of the other, from any cause, the vessel so in doubt shall\nimmediately signify the same by giving five or more rapid blasts of her\nwhistle, (the danger signal), and both vessels shall immediately slow\ntheir speed, or stop or reverse, as required to avoid collision, until\nproper signals have been given, answered and understood, or until the\nvessels have passed each other.\n (f) When a mechanically propelled vessel shall meet a sailing vessel\nproceeding in such direction as to involve risk of collision, the\nsailing vessel shall have the right of way. It shall be incumbent on the\nmaster of the sailing vessel to keep a vigilant lookout and change her\ncourse, if necessary, to avoid any danger.\n (g) In narrow channels, every vessel shall, when it is safe and\npracticable, keep to that side of the fairway or mid-channel which lies\non the starboard side of such vessel.\n 3. Aid in distress. It shall be the duty of every master or pilot of\nany vessel to render such assistance as he can possibly give to any\nother vessel coming under his observation and being in distress on\naccount of accident, collision or otherwise.\n 4. Construing rules. In obeying and construing these rules, due regard\nshall be had to all dangers of navigation and collision, and to any\nspecial circumstances which may render a departure from the above rules\nnecessary in order to avoid immediate danger.\n 5. Application. The rules of this section shall apply to all vessels,\npublic and pleasure, propelled by machinery on the navigable waters of\nthe state and all tidewaters bordering on or lying within the boundaries\nof Nassau and Suffolk counties.\n 6. Commissioner may modify. The commissioner is hereby authorized to\nmodify, change or expand the pilot rules as set forth in this section if\nnecessary to make them comply or be uniform with the provisions of the\nfederal navigation law, or of the navigation rules and regulations made\nby the United States coast guard.\n 7. A violation of any provision of this section shall constitute a\nviolation punishable as set forth in section seventy-three-c of this\narticle.\n