交通安全特定海城안에서의 航法

The navigation rule in the traffic safety special area

Korean Marine Traffic Safety Act (hereinafter the Act) has established a special area named traffic safety special area (hereinafter the Special Area) under Article 47. This area is different from the Traffic Separation Scheme Area in that it is established just where the open port area ends and its breadth is narrower than that of Traffic Separation Scheme. Navigation rule in the Special Area is understood as a special rule over the general rule in the Act. Therefore. provisions on the navigstion rule in the Special Area specified on the Act is overriding other provisions on the Act and general provisions on the Act is applicable in the Special Area when there is no special provisions for the Special Area. The Special Area system aims at enhancing the safety of navigation in the very narrow areea. In this regard. the writer think that the vessel following designated navigation rulein the Special Area must have a priority in navigation over other vessel. However. the Act do not provide any arrangement to this effect. Therefore. the writer is of the opinion that the special provision should be added in the navigation rule for the Special Area.