Working on the Water

I guess that everyone that reads this blog knows that
I work on a tug in the Puget Sound Region.
Here is an email that I sent to Seattle Traffic,
regarding participation
In the Traffic Separation Scheme.
If any of you are mariners, some of this stuff might
sound familiar to you, if your not(a mariner)
well …..good luck in deciphering the lingo.
Below is the email ….
Some info has been hidden to secure my privacy, and,
I have highlighted the most relevent part of his message,
that answers my question ....in red.


-----Original Message-----
March 18, 2007 4:11 PM

To: ####################
Subject: TSS Participation Question

Dear Sir,
I have a question regarding participation in the Traffic Separation Scheme (TSS).
I work on a Tugboat(#########)for ###############.
My question is this ...... While I am traveling as a "light tug" under MARSEC 1,
Am I required to participate in the VTS system?
In the past .... I have not.
Do I have to follow the TSS scheme?
In the past I have not done this either. It goes without saying, that while under way, all the appropriate VHF channels are monitored (traffic - bridge to bridge, ect), and that I always operate the vessel under the premise that as a light tug, underway, It is my obligation to stay out of everyone's way, and impede no other vessel in the TSS in anyway ... whatsoever. This is my understanding of the Rules of the Road (ColRegs) On Sunday, March 17th 2007, I departed Port Angeles, to "run lite" up to Cherry Point. I did not check in with VTS, but was monitoring as required.The vessels AIS was programmed to show my destination and ETA.(Cherry Point - ETA 0500 March 18th 2007) As soon as I cleared Ediz Hook, Vessel Traffic Service (VTS) called the vessel to ask me my destination.They could identify the vessel, because of the AIS transponder that is located on the vessel. I never checked in with VTS on my departure from Port Angeles.I asked VTS to check if they could see my AIS information, VTS said that they could read my information, But that usually the information on the AIS was unreliable.My response to that statement was that on this vessel the information that was displayed by the AIS was accurate.The VTS operator, then proceeded to give me a traffic update, a Tanker was inbound to the pilot station from buoy R, a Tug n Tow was outbound from buoy S, and off to my port, a research vessel was inbound headed for buoy S. I acknowledged the traffic and continued on.At Davidson Rock, I decided to go west of Bird and Bell Rocks, to leave them on my starboard side, and James Island on my Port Side.VTS again called me, and I was asked "Is there any reason that you are traveling west of Bird Rocks?"I answered VTS ..... "No" VTS again asked for my destination. I replied "Cherry Point".At Lawrence Point, I left Charlie Buoy to my starboard side, I cut the buoy, heading up towards Village Pt, there was no traffic in Rosario Strait. VTS called me again, and had me call them on the land line, after I called on the land line, I was asked .... why had I not called VTS for permission to cut the buoy?Why did I not ask for permission to travel west of Bird Rocks?I replied that I was a lite tug, and I had not checked in with VTS on my departure from Port Angeles.I was not participating in the VTS TSS system. He explained to me that I was mistaken,And that I was required to follow the TSS scheme, even as a non participant. Could you please clarify this situation for me? I am not willfully or intentionally trying to ignore or circumvent the rules. But as a lite Tug, I have never operated like that in the past. The navigational decisions that I make while running lite are based on my attempt to be efficient.Saving fuel and utilizing time efficiently are part of what I am attempting to do as an employee for ##############, they expect me to do this. It was never my intention to frustrate or irritate VTS personnel while they are performing their duties supervising the TSS.I understand that VTS is just doing a very important and necessary job. But I have to tell you that from my perspective ... out here, looking out the wheelhouse window, Sometimes it seems like VTS is trying to navigate the vessel ..... from Coast Guard Group Seattle.
Sincerely.

And the reply from Vessel Traffic Service – Seattle.

Hi Chris, I only wish that others would do what you have done by sending an e-mail to us with your questions. Your vessel is under 40 meters and because of that you are not required to participate. You are over 20 meters and you are monitoring the radio as required. Rule 10 of the International Rules of the Road give us, and everyone else, the requirements for operating in the Traffic Separation Scheme; if you would read through that rule then call or e-mail me if you still have any questions. It is very difficult to avoid the TSS in Rosario particularly when a vessel is attempting to run point to point. Believe me we appreciate the fact that fuel costs and time is very important to ######, and other Companies in the marine world. Over the years we have pushed the boating community to understand that commercial vessels will follow the TSS; this lends itself to good order and predictability. Vessels following the TSS are required to keep the center of a precautionary -TSS buoys - to port. If they want to pass to starboard it requires a deviation from the rules, which requires a call to the VTS asking for a deviation 33CFR 161.5. Here's the part that applies; (b) Requests to deviate from any provision in this part due to circumstances that develop during a transit or immediately preceding a transit, may be made verbally to the appropriate VTS Director. Requests to deviate shall be made as far in advance as practicable. Upon receipt of the request, the VTS Director may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances.The query about your destination. We have found a large number of participants are not keeping their AIS information up to date, and because of that our operators are asking them to verify destinations. Bottom line is that we need to have commercial vessels follow the TSS. As you read through rule 10 you will see it is not a requirement but how do you stay out of the TSS in Rosario? It's hard to do; better to run in it and ask for the deviations. That way everyone will know where your bow is going to be pointes. Also we have do not a problem with your participating with us when your running lite, and that is strictly your call. And I invite you to visit our facility any time you have the opportunity; you would be a welcomed guest.If you and your crew, or others, would like to run through a VTS101 program please let us know.

So .... I don't have to participate when running lite.
And in my opinion, VTS was exceeding its authority.
VTS personel are actually changing and modifiying the Collision Regulations(ColRegs)
Is that legal ?
Is that like a policeman, who is supposed to be enforcing the law, making the law ?
Is that really such a good idea ?
I mean, can VTS change what it want's too, when it wants too ?
Thay are SUPPOSED to ENFORCE the Collision Regulations.
Not make it up as they go.