height and placement of red and green side lights

http://www.boatsafe.com/nauticalknowhow/sidelights.htm

This site says lights below the rub rail are illegal according inland rules
of navigation
"Additionally, most of these flush mounted sidelights are installed below
the vessel's rub rail. International Navigation Rules require that
sidelights be installed above the uppermost continuous deck. Therefore this
configuration would not be in compliance with International Navigation
Rules. "

However this phrase "uppermost contiguous deck" in the rules seems to be
talking about mast head lights.

-INTERNATIONAL-

ANNEX I



Positioning and Technical Details of Lights and Shapes

1. Definition

The term "height above the hull" means height above the uppermost continuous
deck. This height shall be measured from the position vertically beneath the
location of the light.



2. Vertical positioning and spacing of lights

(a) On a power-driven vessel of 20 meters or more in length the masthead
lights shall be placed as follows:

(i) the forward masthead light, or if only one masthead light is
carried, then that light, at a height above the hull of not less than 6
meters, and, if the breadth of the vessel exceeds 6 meters, then at a height
above the hull not less than such breadth, so however that the light need
not be placed at a greater height above the hull than 12 meters;

(ii) when two masthead lights are carried the after one shall be at
least 4.5 meters vertically higher than the forward one.

(b) The vertical separation of masthead lights of power-driven vessels
shall be such that in all normal conditions of trim the after light will be
seen over and separate from the forward light at a distance of 1000 meters
from the stem when viewed from sea level.

(c) The masthead light of a power-driven vessel of 12 meters but less
than 20 meters in length shall be placed at a height above the gunwale of
not less than 2.5 meters.


Any ideas here?