In support of Dave's post (above) -- Under the Rules of the Road, a ship is considered “under way” unless it is: 1.) Tied up in a dock; 2.) Anchored; or, 3.) Aground. Captain Lord realized that his ship, Californian, met none of these criteria when he ordered it to stop making way that night. Some definitions are in order:
“Under Way” – not tied up, anchored, or aground.
“Making Way” – a vessel that is under way being propelled by oars, sails, or engines.
“Not Making Way – a vessel that is under way, but is currently not being propelled by oars, sails, or engines.
Lord knew that a stopped ship not suffering from a mechanical breakdown was still “under way” and required to maneuver to avoid collision if another vessel approached. Californian did not have engine trouble or a broken rudder. So, it would have been required to maneuver to avoid collision should another ship have approached. Thus, when Lord had his conversation with his chief engineer he was not only expressing a realistic possibility, but he was also indicating he knew the anti-collision Rules that governed his ship.
– David G. Brown