Bow-Wave Liability
Is a ship operator liable for his/her wake?
The short answer to this question is yes.
In Canada, there is no legislation that expressly provides that a vessel is responsible for its wake, however, provisions in the Collision Regulations requiring safe speed and lookout have been used to establish liability for ships whose wake was unreasonably large/dangerous. This makes good sense since there is a direct correlation between a ship’s speed and its wake size.
The relevant sections of the Collision Regulations are Rules 5 and 6 which provide that:
Rule 5 – Lookout
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 6 - Safe Speed — International
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped w…
The short answer to this question is yes.
In Canada, there is no legislation that expressly provides that a vessel is responsible for its wake, however, provisions in the Collision Regulations requiring safe speed and lookout have been used to establish liability for ships whose wake was unreasonably large/dangerous. This makes good sense since there is a direct correlation between a ship’s speed and its wake size.
The relevant sections of the Collision Regulations are Rules 5 and 6 which provide that:
Rule 5 – Lookout
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Rule 6 - Safe Speed — International
Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped w…
