Section 41. Pilot rules  


Latest version.
  • The  following  rules  shall  be  observed on all
      mechanically propelled vessels on the navigable waters of the state  and
      all tidewaters bordering on or lying within the boundaries of Nassau and
      Suffolk  counties: 1.   Signals. The signals for passing, by the blowing
      of the whistle, shall at all times be given by the master as defined  in
      this act.
        (a)  One distinct blast of the whistle shall mean: "I direct my course
      to starboard"; except when two vessels are  approaching  each  other  at
      right  angles  or  obliquely, when it shall signify the intention of the
      vessel which is to starboard of the other to hold course and speed.
        (b) Two distinct blasts of the whistle shall mean: "I direct my course
      to port."
        (c) Three distinct blasts of the whistle shall mean: "My  engines  are
      going at full speed astern."
        (d)  Four distinct blasts of the whistle shall mean: "I am in distress
      and need your assistance."
        (e) Five or more distinct blasts of the whistle shall  constitute  the
      "danger signal."
        (f)  It  shall  be  forbidden to use what has become technically known
      among pilots as "cross-signals"; that is answering one whistle with two,
      or two whistles with one.
        (g) When a vessel is under way in a fog, mist, falling snow, or  heavy
      rain  storm, it shall be the duty of the master to cause a long blast of
      the whistle to be sounded at intervals not exceeding  one  minute.  When
      towing  other vessels the long blast of the whistle shall be followed by
      two short blasts. Such vessel shall proceed at a moderate speed and with
      caution,  having  careful  regard  to  the  existing  circumstances  and
      conditions.
        (h) The master of a vessel, when at anchor during a fog, mist, falling
      snow  or  heavy  rain  storm,  shall,  at intervals of not more than one
      minute, ring a bell rapidly or sound other  warning  signals  for  about
      five seconds.
        2.  Positions.  (a)  When vessels are approaching each other "head and
      head," that is, end on or nearly so, it shall be the  duty  of  each  to
      pass  on  the port side of the other, and either vessel shall give, as a
      signal of her intention, one distinct blast on her  whistle,  which  the
      other  vessel  shall  answer  promptly  with  one  similar  blast of her
      whistle.
        (b) When vessels are approaching each other and the  courses  of  such
      vessels  are  so  far  to  the  starboard  of  each  other  as not to be
      considered to be meeting head on  or  nearly  so,  either  vessel  shall
      immediately  give  two  distinct  blasts of her whistle, which the other
      shall answer promptly with two similar blasts of her whistle,  and  they
      shall pass on the starboard side of each other.
        (c)  When  vessels  are  approaching  each  other  at "right angles or
      obliquely" so as to involve risk of collision, the vessel which has  the
      other on her own port side shall hold her course and speed, and shall so
      signify with one distinct blast of her whistle; and the vessel which has
      the  other  on  her  own starboard side shall keep out of the way of the
      other by directing her course to starboard so as to cross the  stern  of
      the other vessel, or, if necessary to do so, shall slacken her speed, or
      stop or reverse.
        (d)  When  vessels  are  running  in the same direction and the vessel
      which is astern shall desire to pass on the starboard side of the vessel
      ahead, she shall give one distinct blast of her whistle as the signal of
      such desire, and if the vessel ahead answers with one similar  blast  of
      her  whistle,  she  shall pass to the starboard; or if the vessel astern
      shall desire to pass on the port side of the  vessel  ahead,  she  shall
    
      give two distinct blasts of her whistle as a signal of such desire, and,
      if  the vessel ahead answers with two similar blasts of the whistle, she
      shall pass to the port; but if the vessel ahead does not think  it  safe
      for  the  vessel  astern  to  pass  at that point, she shall immediately
      signify the same by giving five or more rapid blasts of her whistle (the
      danger signal), and under  no  circumstances  shall  the  vessel  astern
      attempt  to pass the vessel ahead until such time as they have reached a
      point where it can be safely done, when said vessel ahead shall  signify
      her willingness by blowing the proper signal, which shall be answered by
      the vessel astern. Neither vessel shall in any case attempt to cross the
      bow or to crowd upon the course of the other vessel.
        (e) If when vessels are approaching each other head and head, that is,
      end  on  or nearly so, (as per subdivision (a) and (b)) or crossing each
      other's courses, (as per subdivision (c)), or desire to pass each  other
      (as  per  subdivision (d)), either vessel fails to understand the course
      or intention of the other, from any cause, the vessel so in doubt  shall
      immediately  signify the same by giving five or more rapid blasts of her
      whistle, (the danger signal), and both vessels  shall  immediately  slow
      their  speed,  or stop or reverse, as required to avoid collision, until
      proper signals have been given, answered and understood,  or  until  the
      vessels have passed each other.
        (f)  When  a mechanically propelled vessel shall meet a sailing vessel
      proceeding in such direction  as  to  involve  risk  of  collision,  the
      sailing vessel shall have the right of way. It shall be incumbent on the
      master  of  the sailing vessel to keep a vigilant lookout and change her
      course, if necessary, to avoid any danger.
        (g) In narrow channels, every  vessel  shall,  when  it  is  safe  and
      practicable,  keep to that side of the fairway or mid-channel which lies
      on the starboard side of such vessel.
        3. Aid in distress. It shall be the duty of every master or  pilot  of
      any  vessel  to  render  such  assistance as he can possibly give to any
      other vessel coming under his  observation  and  being  in  distress  on
      account of accident, collision or otherwise.
        4. Construing rules. In obeying and construing these rules, due regard
      shall  be  had  to  all  dangers of navigation and collision, and to any
      special circumstances which may render a departure from the above  rules
      necessary in order to avoid immediate danger.
        5.  Application. The rules of this section shall apply to all vessels,
      public and pleasure, propelled by machinery on the navigable  waters  of
      the state and all tidewaters bordering on or lying within the boundaries
      of Nassau and Suffolk counties.
        6.  Commissioner  may modify. The commissioner is hereby authorized to
      modify, change or expand the pilot rules as set forth in this section if
      necessary to make them comply or be uniform with the provisions  of  the
      federal  navigation law, or of the navigation rules and regulations made
      by the United States coast guard.
        7. A violation of any provision of this  section  shall  constitute  a
      violation  punishable  as  set  forth in section seventy-three-c of this
      article.