33 U.S.C. § 2009
Section 2009 · Narrow channels (Rule 9)
Amended 2 times on record
Applied in 21 court decisions — leading case Marine Transport Lines, Inc. v. M/V Tako Invader (1994)
Most recently applied in 674 F. Supp. 2d 756 - In Matter of Complaint of Vulcan Materials Co. (December 2009)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(i) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.
(ii) Notwithstanding paragraph (a)(i) and Rule 14(a), a power-driven vessel operating in narrow channels or fairways on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing.
A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.
A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.
A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within that channel or fairway. The latter vessel shall use the danger signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.
(i) In a narrow channel or fairway when overtaking, the power-driven vessel intending to overtake another power-driven vessel shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c) and take steps to permit safe passing. The power-driven vessel being overtaken, if in agreement, shall sound the same signal and may, if specifically agreed to 1 take steps to permit safe passing. If in doubt she shall sound the danger signal prescribed in Rule 34(d).
(ii) This Rule does not relieve the overtaking vessel of her obligation under Rule 13.
A vessel nearing a bend or an area of a narrow channel or fairway where other vessels may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in Rule 34(e).
Every vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Rule 14, referred to in par. (a)(ii), is classified to section 2014 of this title.
Rule 34, referred to in pars. (a)(ii), (d), (e)(i), and (f), is classified to section 2034 of this title.
Rule 13, referred to in par. (e)(ii), is classified to section 2013 of this title.
Codification
Section was enacted as part of section 2 of Pub. L. 96–591 which enacted the Inland Navigational Rules which comprise this subchapter.
Amendments
1996—Par. (e)(i). Pub. L. 104–324 amended par. (e)(i) generally. Prior to amendment, par. (e)(i) read as follows: “In a narrow channel or fairway when overtaking, the vessel intending to overtake shall indicate her intention by sounding the appropriate signal prescribed in Rule 34(c) and take steps to permit safe passing. The overtaken vessel, if in agreement, shall sound the same signal. If in doubt she shall sound the danger signal prescribed in Rule 34(d).”