Fishing boat clearly in the wrong bumps into stern of large sailing yacht (video)

[Jamesuk]

All captured on camera, this is a clear cut case in court, the sailing yacht will only need to buy 20% of damages. Or they might have better lawyers so 10% might be fair.

They monitored it for long enough and they still collided, rule 8.

http://www.youtube.com/watch?v=fFWHlFZEm3M&sns=em


Sent from my iPad

 

[John.edwards]

monitoring is not enough. if the give way vessel doesnt alter course or speed then stand on vessel must act

 

[Sandy]

monitoring is not enough. if the give way vessel doesnt alter course or speed then stand on vessel must act

+1

 

[LittleShip]

Stand on vessel turning to Starboard as well as sounding would have allowed a little more time and possibly avoided the collision. Just standing on was foolish and could have been a disaster.

Looks to me that the Fishing V didn't have a lookout.... But what's new there. Smoke from stack went black only seconds before contact.

Tom

 

[sailorman]

Stand on vessel turning to Starboard as well as sounding would have allowed a little more time and possibly avoided the collision. Just standing on was foolish and could have been a disaster.

Looks to me that the Fishing V didn't have a lookout.... But what's new there. Smoke from stack went black only seconds before contact.

Tom

I wonder what the FV OOW said when he finally looked out of the window

 

[DJE]

Hardly a sailing yacht!

 

[macd]

Yes, you'd have thought it easy enough to turn to starboard.
On the other hand, what's all this mention of a fishing vessel? I could see no shapes (maybe due to eyesight and the slightly fuzzy vid). Nor did the vessel appear to be engaged in fishing and thus entitled to show such shapes. (So not British-based then, or they'd have been welded on...)

 

[armchairsailor]

Well, that's not easily missed, for sure...

 

[Tradewinds]

Hardly a sailing yacht!

Isn't green supposed to be unlucky?

 

[prv]

On the other hand, what's all this mention of a fishing vessel? I could see no shapes (maybe due to eyesight and the slightly fuzzy vid). Nor did the vessel appear to be engaged in fishing and thus entitled to show such shapes.

The Youtube page has a brief report, reads like an MCA press release or similar. The fishing boat was not fishing, was returning to port in the Netherlands (seems to have been a Dutch boat in practice, but British registered) with all but one crew below decks. The guy left on the bridge was fined several thousand pounds.

Pete

 

[prv]

Isn't green supposed to be unlucky?

Yes, but the Alexander Von Humboldt seems to have embraced it. She's well known in the Tall Ships fleet, easy to identify.

The story goes that the original suit of green sails was paid for by Heineken, in order to use her in an advert. They've kept the colour ever since, as a tradition. No idea if that's true.

Pete

 

[Budgieboy]

Green is not unlucky if you are a Paddy !!!

 

[Athene V30]

The Youtube page has a brief report, reads like an MCA press release or similar. The fishing boat was not fishing, was returning to port in the Netherlands (seems to have been a Dutch boat in practice, but British registered) with all but one crew below decks. The guy left on the bridge was fined several thousand pounds.

Pete

Be interested in what the court said to the Master / OOW of the sailing ship. Once it was clear that the 'give way' vessel was not taking sufficient (any) action it was his responsibility to take sufficient action. He failed to do so. (Rule 2 from memory)

 

[DJE]

Be interested in what the court said to the Master / OOW of the sailing ship. Once it was clear that the 'give way' vessel was not taking sufficient (any) action it was his responsibility to take sufficient action. He failed to do so. (Rule 2 from memory)

She seems to be under sail on starboard tack. A turn to starboard may have required her to tack, I don't suppose that is something you can do very quickly in a ship like that.

 

[Athene V30]

She seems to be under sail on starboard tack. A turn to starboard may have required her to tack, I don't suppose that is something you can do very quickly in a ship like that.

I agree it would not have been a quick manoeuver, which is exactly why you have to maintain a proper lookout by all means possible and take action in time. The sailing ship would have radar - was it being monitored? Having someone standing on deck making a film is not taking action to avoid a collision. The report states they were sounding the whistle and trying to call the fishing boat on VHF but nothing about preparing / trying to turn.

Rule 2 - Responsibility - (a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Rule 5 - Look-out - Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

 

[prv]

I agree it would not have been a quick manoeuver,

Generally takes about twenty minutes to half an hour, though you could certainly do it quicker in emergency. That's not the manoeuvre itself, but you need getting on for the whole crew to brace the yards and it takes a while to round everybody up (including any watches that may be asleep below) and get them in position. Even in a man-overboard emergency the immediate action is to get a RIB in the water to pick up the casualty, and only then start manoeuvering to stop so that the RIB isn't chasing a disappearing ship.

Setting and handing sails (equivalent to reefing on a yacht) is a relatively minor operation carried out by the watch on deck, but major course alterations are a whole-crew affair. The opposite to a fore-and-aft rigged vessel.

The sailing ship would have radar - was it being monitored?

I would be astounded if it were not. These are not yachts, they're ships crewed by professional seafarers, and the professional seafarers I've watched live and die by their radar.

Having someone standing on deck making a film is not taking action to avoid a collision.

That's a bit of a daft comment. The officer of the watch wasn't standing on deck making a film, nor was the helmsman, nor were the lookouts. Why shouldn't some random member of voyage crew (or whoever he was) be taking a video? The cooks were probably peeling potatoes in the galley, the engineer might have been changing generator filters or fettling the sewage plant, some of the deckhands may have been in the shower. Should they have been "taking action to avoid a collision" too?

Rule 2 - Responsibility - (a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Indeed - and I assume the court would have found the Alexander responsible to some extent. It's very hard to avoid being at least partially responsible for a collision, whatever the other vessel does.

Pete

 

[Athene V30]

So do Masters of square riggers sail about just hoping that all other sea goers obey the rules and take the appropriate action? If they cannot take any action themselves in the event of the other vessel not do so - if they are close reaching on starboard tack do they just await the collision?

Shame I cannot find the full court ruling as this is what triggered my initial query.

 

[Athene V30]

That's a bit of a daft comment. The officer of the watch wasn't standing on deck making a film, nor was the helmsman, nor were the lookouts. Why shouldn't some random member of voyage crew (or whoever he was) be taking a video? The cooks were probably peeling potatoes in the galley, the engineer might have been changing generator filters or fettling the sewage plant, some of the deckhands may have been in the shower. Should they have been "taking action to avoid a collision" too?

Pete

In my view yes the OOW / Master should have called all hands on deck and be making ready to come about if that is what it takes.

 

[Seven Spades]

The fine was ludicrously small. Consider the fine for people who stray into the TSS in the wrong direction and do not cause any accidents. If the sailing boat had made a turn to Starboard early he would have put himself in the wrong because the fishing vessel should also have turned to starboard. I think the sailing ship had very few option and was hardly culpable because at an early stage is should stand on and at a later stage it is too late.

 

[prv]

In my view yes the OOW / Master should have called all hands on deck and be making ready to come about if that is what it takes.

Ah, I see what you mean. I read your comment as saying that the person making the film should have been keeping a lookout or otherwise participating in the operation of the ship. I'm sure if the OOW had called hands to bracing stations he would have put the camera away and gone to his station - certainly hope so, anyway.

Agree it's odd that they weren't apparently trying to manoeuvre. I guess the OOW thought the fishing boat was planning to cross close astern - as indeed she nearly did - not realising that there was nobody effectively on the bridge (it's not clear what the guy who was there was doing, but he clearly wasn't keeping any kind of lookout to miss a square rigger in front of him).

Pete