A Maritime, Longshore and Defense Base Act Blog

Author Archive

In an effort to promote awareness and safety on our nation’s waterways, the Coast Guard recently issued a Marine Safety Information Bulletin emphasizing perhaps the most important rule of navigation:  The Lookout Rule.  Codified at 33 U.S.C. § 2005, the Lookout Rule requires that every vessel shall at all times maintain a proper lookout by sight and hearing, as well as by all available means appropriate in the prevailing circumstances and conditions so that the operator can fully appraise the situation and the risk of collision.  While the need for this rule may be obvious, its technical requirements are less clear. 

A strict interpretation of the Lookout Rule reflects that the assigned lookout shall have no other duties or assignments which could interfere with his task of serving as lookout.  Arguably, this could preclude a wheelman from serving as his own lookout.  However, courts have clarified that, depending on the overall circumstances, a vessel pilot can, in fact, serve as lookout while operating his vessel without running afoul of the lookout rule.  In practice, the masters of inland river towing vessels routinely serve as their own lookout absent circumstances that would warrant placing someone on the head of the tow or some other position with a better vantage point.  The dual function of master and lookout is tacitly acknowledged in the statutory comments that recognize that vessels which provide an “unobstructed all-round view” from the steering position may not necessarily need a separate lookout.

Situations in which a dedicated lookout other than a vessel’s pilot may be needed include severe weather conditions, such as heavy fog, narrow channel conditions that present “blind curves” or other impediments to sight, and waterways that are heavily trafficked with recreational craft and smaller hard-to-see vessels.  The phrase “all available means” further suggests that posting a separate lookout might not always be enough.  In fact, the “rules of the road” further require the use of radar to enhance visibility while navigating.  

When an accident results, even in part, as a result of a violation of the Lookout Rule, the ramifications can be significant.  Because the Lookout Rule is a statute intended to prevent collisions, a violation can result in a presumption of fault.  Under the Pennsylvania Rule, a party who violates the safety statute is presumed to be negligent unless he can prove that the accident would have occurred notwithstanding this violation.

The old adage an ounce of prevention is worth a pound of cure offers meaningful guidance to the commercial vessel operator.  Thus, prudent boat operators should reinforce understanding and compliance with all navigation and safety rules with their vessel crews.