Collision Regulations

Comparative Overview

International

The International Regulations for Preventing Collisions at Sea (“Collision Regulations 1972”, also known as the “COLREGS” ) were enacted by the Convention on the International Regulations for Preventing Collisions at Sea, adopted at London, 20 October 1972, which entered into force on 15 July 1977. The COLREGS 1972 were amended on 19 November 1981 (in force 1 June 1983), on 19 November 1987 (in force 19 November 1989), on 19 October 1989 (in force 19 April 1991 on 4 November 1993 (in force 4 November 1995), and on 29 November 2001 (in force 29 November 2003).

Canada

The Collision Regulations, C.R.C. 1978 c. 1416.

The Collision Regulations were enacted under the Canada Shipping Act, which later became R.S.C. 1985, c. S-9, sect. 562 et seq.. Authority to enact such regulations is now provided by the Canada Shipping Act, 2001, S.C. 2001, c. 26, at sects. 29(1), 35(1)(d) and Schedule 1, item 17. Under sect. 35(2), regulations adopted under sect. 35(1)(d) in respect of preventing collisions at sea may also apply to aircraft on or over Canadian waters. Sect. 120(1)(l) of the Canada Shipping Act, 2001 also authorizes the Governor in Council (i.e. the federal Cabinet) to make regulations respecting the prevention of collision in Canadian waters or waters of Canada’s Exclusive Economic Zone (EEZ). Such regulations may also be made in respect to aircraft on or over Canadian waters (sect. 120(4)) and in respect of pleasure craft in Canadian waters (sect. 120(5)).

United States

The U.S. ratified the 1960 Rules, Pub.L No. 88-131, 77 Stat. 194, on 24 September 1963, 33 U.S.C. 1061-1094. They were repealed when the COLREGS were ratified on 23 November 1976. The COLREGS were removed from the Code of Federal Regulations (61 Fed. Reg. 10466, 14 March 1996) on 1 April 1996, but remain effective. See 33 U.S.C. 1602.

United Kingdom

The COLREGS, as amended, were enacted by the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996, SI 1996/75, in force 1 May 1996.

France

The COLREGS 1972 were adopted in France by Decree no. 77-733 of 6 July 1977. The amendments to the COLREGS were ratified by Decree no. 83-448 of 27 May 1983 (1981 amendments); Decree no. 90-60 of 10 January 1990 (1987 amendments); Decree no. 92-314 of 31 March 1992 (1989 amendments) and Decree no. 97-748 of 2 July 1997 (1993 amendments).

China

On 7 January 1980, China acceded to the COLREGS , as amended (see arts. 165 et seq. of the MCPRC ).

By William Tetley, Q.C.