COLREGs Part E: Exemptions — Understanding Rule 38
The Special Circumstances Where Certain Vessels May Be Exempted from Full Compliance
The International Regulations for Preventing Collisions at Sea (COLREGs) establish internationally recognised rules designed to prevent collisions between vessels. While the regulations are intended to provide a consistent framework for ships around the world, certain vessels may have been constructed or equipped under earlier requirements.
This is where COLREGs Part E — Exemptions becomes important.
Part E consists of Rule 38, which addresses exemptions for vessels that meet specified conditions relating to their construction or equipment. It is a short section compared with Parts B, C and D, but it has an important purpose: ensuring that the transition between earlier navigation requirements and the current COLREGs framework does not create unnecessary difficulties for vessels that were already in service.
What Is COLREGs Part E?
COLREGs is divided into six parts:
- Part A — General: Rules 1–3
- Part B — Steering and Sailing: Rules 4–19
- Part C — Lights and Shapes: Rules 20–31
- Part D — Sound and Light Signals: Rules 32–37
- Part E — Exemptions: Rule 38
- Part F — Verification of Compliance: Rules 39–41
The IMO identifies Rule 38 as the exemptions provision within COLREGs.
Unlike Part B or Part C, Part E does not introduce another set of everyday manoeuvring rules. Instead, it explains specific circumstances in which certain vessels may receive exemptions from particular technical requirements.
Understanding this distinction is important.
An exemption under Rule 38 is not a general permission to ignore COLREGs.
It applies only to the specific provisions and circumstances identified by the rule.
Rule 38 — Exemptions
Rule 38 deals primarily with vessels that were constructed or equipped before the relevant requirements of the 1972 COLREGs came into force.
The rule recognises that existing vessels could already have been constructed with particular arrangements that did not exactly match the new technical requirements.
Rather than requiring every existing vessel to undergo immediate reconstruction, specific transitional exemptions were established.
This approach allowed the new collision-prevention regulations to be introduced while recognising the practical realities of an existing global fleet.
Why Were Exemptions Necessary?
Imagine a vessel constructed before the adoption of the 1972 COLREGs.
Its navigation-light arrangement, sound-signalling equipment or other equipment might have complied with the regulations that applied when it was constructed.
When new international requirements came into force, completely rebuilding or modifying every existing vessel would have been technically difficult and economically demanding.
Rule 38 therefore provides carefully defined exemptions for certain vessels that met the relevant earlier requirements.
The principle is essentially one of regulatory transition.
It allows the maritime industry to move from an older regulatory framework to a newer one without unnecessarily disrupting vessels that were already legally constructed and operating.
Exemptions Are Specific — Not General
One of the most important concepts for maritime students to understand is that Rule 38 does not provide a blanket exemption from COLREGs.
A vessel cannot simply claim:
“This vessel is exempt from COLREGs.”
That would be an incorrect interpretation.
The exemptions are associated with particular requirements and specific qualifying circumstances.
A vessel's compliance status must therefore be understood from its construction, equipment, applicable regulations and relevant documentation.
This is particularly important for officers responsible for the vessel's safe navigation.
Navigation Lights and Transitional Requirements
One of the areas addressed by Rule 38 concerns certain navigation-light requirements.
Navigation lights are fundamental to COLREGs Part C because they allow vessels to identify one another during darkness and restricted visibility.
However, older vessels could have been constructed with light arrangements that differed from the newer requirements.
The exemption provisions recognised these transitional situations.
For example, Rule 38 contains provisions concerning certain vessels constructed before the applicable date and allows specified arrangements to continue under defined conditions.
The important lesson for seafarers is:
The presence of an unusual light arrangement does not automatically mean that a vessel is navigating improperly.
The bridge team must understand the regulatory context before drawing conclusions.
Sound-Signalling Equipment
Rule 38 also contains provisions concerning certain requirements related to sound-signalling appliances.
This connects Part E directly with Part D, which covers sound and light signals.
A vessel may have been constructed under an earlier standard for its sound-signalling equipment. Transitional provisions recognise some of these circumstances.
For modern seafarers, this highlights an important principle:
Regulations must be understood in their historical and technical context.
Maritime regulations evolve over time. Ships built during different regulatory periods may therefore have certain differences while still operating under recognised legal arrangements.
Why This Matters to Deck Officers
A deck officer may encounter vessels of different:
- Ages
- Flag states
- Construction dates
- Sizes
- Designs
- Equipment configurations
Not every vessel will necessarily look identical.
An officer may observe a navigation light arrangement that appears different from what they have learned in a textbook.
The correct response is not to immediately assume non-compliance.
Instead, the officer should consider the complete navigational situation and apply the COLREGs rules relevant to the encounter.
The primary responsibility remains safe navigation and collision avoidance.
Rule 38 and the Evolution of Maritime Regulations
The existence of Part E also demonstrates how international maritime regulations evolve.
The 1972 COLREGs replaced the earlier 1960 Collision Regulations and introduced updated requirements designed to reflect developments in maritime traffic, navigation technology and vessel operations.
However, thousands of vessels already existed when the new regulations were introduced.
A completely immediate conversion would have been impractical.
Rule 38 helped bridge the transition.
This is a common principle in maritime regulation:
New standards are introduced while transitional arrangements recognise existing ships and equipment.
Such provisions help maintain continuity while the global fleet gradually moves toward updated standards.
A Practical Example for Seafarers
Consider a deck officer on night watch.
The officer observes another vessel displaying a navigation-light configuration that appears unfamiliar.
The first reaction should not be:
“That vessel is violating COLREGs.”
Instead, the officer should:
- Identify the lights correctly.
- Determine the vessel's aspect and relative bearing.
- Monitor the vessel using radar and other appropriate means.
- Assess whether a risk of collision exists.
- Identify the applicable COLREGs steering and sailing rules.
- Take appropriate action based on the complete situation.
If an unusual configuration is relevant to an exemption, that is a regulatory matter that should be understood through the vessel's applicable requirements and documentation.
Safe navigation comes first.
Part E Does Not Replace Part B
This is particularly important when studying COLREGs for examinations.
Part E deals with exemptions.
It does not replace the steering and sailing requirements contained in Part B.
If two vessels are approaching one another, the bridge team still needs to determine the applicable rules governing the encounter.
Part B remains central to questions such as:
- Is the vessel overtaking?
- Is it crossing?
- Is it approaching head-on?
- Is one vessel restricted in its ability to manoeuvre?
- Is the vessel operating in a narrow channel?
- Is the situation occurring in restricted visibility?
Part E provides a regulatory context for specific qualifying vessels; it does not remove the need for proper collision-avoidance decisions.
Connection Between Parts C, D and E
The different parts of COLREGs are designed to work together.
Part C
Lights and Shapes
Helps vessels identify the status and circumstances of other vessels.
Part D
Sound and Light Signals
Provides standardised signals for manoeuvring, warning, restricted visibility and distress situations.
Part E
Exemptions
Provides specific transitional exemptions for qualifying vessels and equipment.
Together, these provisions create a regulatory framework that accommodates both safe navigation and the practical evolution of the world's merchant fleet.
What Maritime Students Should Remember
For examination preparation, Rule 38 should be understood conceptually rather than treated as a long list of manoeuvring rules.
Remember these key points:
1. Part E contains Rule 38
It is the exemptions section of COLREGs.
2. It concerns specific qualifying vessels
The exemptions are not universal.
3. Historical construction dates matter
Certain provisions recognise vessels constructed before particular requirements came into force.
4. Exemptions can relate to technical requirements
These include specified requirements involving navigation lights and sound-signalling equipment.
5. It is not permission to ignore COLREGs
The exemption must fall within the specific conditions of Rule 38.
6. Safe navigation remains essential
Even when technical arrangements differ because of a recognised exemption, bridge teams must continue to maintain a proper lookout and apply the relevant collision-prevention rules.
The Importance of Knowing the Rules Behind the Rules
For professional seafarers, COLREGs should not be studied only as a collection of examination questions.
Every rule has a practical reason.
Part C tells us how vessels communicate their status through lights and shapes.
Part D explains how vessels communicate through sound and light signals.
Part E explains how the regulations accommodate certain existing vessels and equipment through specific exemptions.
This broader understanding helps seafarers interpret unusual situations without making assumptions.
Part E in the Bigger COLREGs Picture
After studying Parts A through D, Part E may seem very short.
But its position in the regulations is significant.
The progression is logical:
Part A → General principles
Part B → Steering and sailing
Part C → Lights and shapes
Part D → Sound and light signals
Part E → Exemptions
Part F → Verification of compliance
This structure takes a seafarer from the basic framework of the regulations through practical navigation requirements and finally into regulatory compliance.
Part E therefore acts as an important bridge between the technical requirements of COLREGs and the reality of a diverse international fleet.
Conclusion
COLREGs Part E — Rule 38 — is the exemptions section of the Collision Regulations.
Although it contains only one rule, it addresses an important practical challenge: vessels constructed and equipped under earlier requirements cannot always be expected to immediately match every later technical specification.
The exemptions provided by Rule 38 are therefore specific, conditional and limited in scope.
For seafarers, the key lesson is simple:
An exemption is not an exemption from safe navigation.
Understanding Rule 38 helps deck officers recognise why certain vessels may have particular technical arrangements while still operating within an accepted regulatory framework.
And when combined with Parts B, C and D, it reinforces one of the central principles of COLREGs:
Know the rules, understand the situation, and navigate safely.
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