COLLISION RESULTS IN COURT APPEARANCE
Defendant: Willem and Jacob Brands (owners of Hendrik Senior) and the OOW at Folkestone Magistrates’ Court
Date of Hearing: 18 October 2010
Date of Offence: 8 December 2008
Offence: Contravention of Collision Regulations in the TSS of the Vlieland Straits
Details: On 8 December 2008 the UK registered fishing vessel Hendrik Senior was traveling within the TSS off Vlieland (Netherlands) in international waters. The Hendrik Senior was traveling across the TSS while a Finnish registered cargo vessel, Birka Exporter, was traveling in the correct direction within the TSS. The Birka Exporter was on the starboard side of the Hendrik Senior. Under the International Regulations for Preventing Collisions at Sea, the Hendrik Senior was obliged to give way to the cargo vessel and had the primary responsibility for avoiding a collision. A collision ensued at about 06:30 hours with considerable damage being caused to both vessels. There were no fatalities or injuries on either vessel. At the time of the collision visibility was good.
Penalty: The owners were fined £1,000, the OOW fined £3,500 and a cost order of £9,328.50 against the three defendants.
PLEA OF GUILTY FOR VESSEL TRANSITTING THE SUNK
Defendant: Th. Jacobsen Management AS at Folkestone Magistrates’ Court
Date of Hearing: 23 September 2010
Date of Offence: 21 October 2008
Offence: Contravention of Collision Regulations in the Sunk TSS, Publications Regulations and Hours of Rest Regulations.
Details: On 21 October 2008 the MV SARAH was detected by CNIS radar heading south in the north bound land of the Sunk TSS and having hazardous incidents with two northbound vessels. At the port of Shoreham the Norwegian vessel SARAH was boarded by MCA Officers and was found to be using out of date charts. It was also found that the Master was regularly recording periods of rest when he was actually on watch.
Penalty: The company was fined £6,000 plus £2,500 costs.
BREACH OF INTERNATIONAL REGULATIONS PLACES MAJOR SHIPPING COMPANY IN COURT
Defendant: AP Moller-Maersk at Newcastle Magistrates’ Court
Date of Hearing: 25 October 2010
Date of Offence: September 2009 to February 2010
Offence: Contravening the Merchant Shipping (Hours of Work) Regulations 2002
Details: In September 2009, the MCA conducted an audit on board the MAERSK PATRAS at Bremerhaven. It was noticed that the Captain, Officers and other crew members had not been having the required periods of rest as laid down by international agreements.
The company, A.P. Moller-Maersk A/S of Denmark, were informed of these concerns but failed to correct matters and the breaches of the regulations continued. On 25 January 2010 the MCA issued the company with an Improvement Notice which required them to rectify the position by 28 February 2010. They also failed to comply with that notice.
Penalty: A.P. Moller-Maersk were fined £18,500 plus costs of £4,439.27
FAILURE TO COMPLY WIITH EXEMPTION CERTIFICATE LEADS TO DETENTION AND PROSECUTION
Defendant: Kommanditsesell MS ‘CPO Norfolk’ Offen Reederei GmbH of Hamburg, owners of the CAP HENRI and Reedereit Claus-Peter Offen (GmbH & Co.) KG of Hamburg, managers of the CAP HENRI
Date of Hearing: 1 December 2010
Date of Offence: August to September 2009
Offence: Non-compliance with Exemption Certificate and breach of the International Safety Management (ISM) Code.
Details: At the time of the incident the CAP HENRI was a UK registered container ship. On 27 August 2009 the starboard lifeboat suffered damage to its bow and stern area during a drill. The matter was reported to the MCA. An Exemption Certificate was issued which required the CAP HENRI to be temporarily fitted with additional liferafts and Hydrostatic Release Units (HRUs) with an additional capacity of not less than 28 persons. This was to cover for the unserviceable lifeboat. Also drills and modification to the muster list were to be carried out. Three months was allowed in order to get the lifeboat repaired. The certificate was issued on 28 August 2009.
On 9 September 2009 the CAP HENRI was inspected by Brazilian Port State Control Inspector in Itajai. Unfortunately the terms of the Exemption Certificate had not been complied with and the vessel was detained. Liferafts and HRUs were supplied the next day. The Brazilians released the vessel on 11 September 2009. In the twelve days the CAP HENRI operated in breach of the Exemption Certificate, the vessel visited another two ports before arriving in Itajai.
Penalty: Kommanditsesell MS ‘CPO Norfolk’ Offen Reederei GmbH of Hamburg were fined £5,000 plus costs of £5,676 and Reederei Claus-Peter Offen (GmbH & Co.) KG were fined £5,000 plus costs of £8,589.
LORRY DRIVERS PLEAD GUILTY AT LAST MOMENT
Defendant: Mr Sebastien Filipowicz and Mr Piotr Jakobek at Canterbury Crown Court
Date of Hearing: 11 October 2010
Date of Offence: 30 April 2010
Offence: Contravening the Merchant Shipping (Dangerous Goods & Marine Pollutants) Regulations 1997
Details: On 30 April 2010 at Dover, Mr Filipowicz and Mr Jakobek, both Polish nationals, were stopped for a routine Customs check at Dover Ferry Port after arriving from Dunkerque. During the search by Customs Officers it was noted that some to the boxes were labeled with dangerous goods placards but the vehicle was not. Further investigation by the MCA Enforcement Unit revealed that although the drivers had presented the correct paperwork for the dangerous goods they had not presented it to the ferry company when boarding the ferry at Dunkerque.
Because of this the ferry was unaware of the exact nature of the load and it was not stowed in accordance with the safety requirements set out in the International Maritime Dangerous Goods Code (IMDG), nor were the Captain and crew aware of the dangerous nature of the cargo and potential risk to the crew and passengers on board at the time.
Penalty: Both Mr Filipowicz and Mr Jakobek were given a conditional discharge for two years and a £1,500 contribution each towards costs.
FISHERMAN LOST OVERBOARD LANDS SKIPPER IN COURT
Defendant: Mr Peter Laity at Camborne Magistrates’ Court
Date of Hearing: 26 August 2010
Date of Offence: 9 December 2009
Offence: Breach of Section 58 of the Merchant Shipping Act 1995 and Section 2 of the Fishing Vessels (Safety Training) (Amendment) Regulations 2004, in employing a crew member who he knew had completed the required safety training courses.
Details: Wayne Evans, a deck hand on the fishing vessel PZ41, OCEAN SPRAY, was involved in an incident on board the vessel on 9 December 2009 at about 19:30 when the vessel was shooting its nets about 18nm SSE of Newlyn.
In shooting the last of the nets, Mr Evans, in attempting to solve a problem with the gear, was taken overboard by the anchor for the nets. He went under and surfaced with the nets while the crew was trying to find him. He managed to work his way, through the darkness and a moderate swell, along the net line and somehow manage to appear alongside the vessel.
He suffered a fractured rib ad soft tissue damage to his legs and arms. He did not say he was wearing a life-jacket. He was recovered on board, suffering from cold immersion and from his injuries.
Penalty: Mr Laity was fined £1000, which was reduced to £600 in consideration of the guilty plea and £500 costs were awarded.
SHIPPING COMPANY FINED FOR EMPLOYING MASTER WITHOUT TICKET
Defendant: Svitzer UK Ltd at Ipswich Magistrates’ Court
Date of Hearing: 13 September 2010
Offence: Breach of Regulation 4 of The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and s85 and s86 Merchant Shipping Act 1995
Details: Svitzer pled guilty to employing a Master without a valid Certificate of Competence. The Master forgot to renew his certificate, which he is required to do every five years, and continued to sail as master without a certificate from 2005 to 2009. the company failed to notice that their employee no longer had a current certificate.
Penalty: Svitzer UK Ltd was fined £3,000 plus £4,000 in costs
OWNER OF BRIXHAM FISHING VESSEL APPEARS AT COURT IN FOLKESTONE
Defendant: SET (Angel) Limited (formerly known as Seafield Emiel Trawlers (Lady T) Limited at Folkestone Magistrates’ Court
Date of Hearing: 9 September 2010
Date of Offence: 17 September 2008
Offence: Breach of Rule 10 (b) (i) of the Collision Regulations
Details: On 17 September 2008 the UK registered fishing vessel Emilia M Eniel (BM10) traveled the wrong way through the Dover Straits Traffic Separatio Scheme for a period of just over two hours. The Emilia M Emiel was identified by the Coastguard aircraft. Throughout the incident the vessel was not engaged in fishing.
Subsequent enquiries proved to be difficult and time consuming, because of the need to correctly identify who had been on board the vessel at the time of the incident and to establish their roles whilst on board. The investigation involved a large number of interviews including those with a Director of the company which owned the vessel. What emerged from the interviews was a large degree of confusion between individuals on board as to who was the effective skipper of the vessel at the relevant time. This was a manifest failure on the part of the company to ensure that these matters were clear to all concerned before the vessel was put to sea.
Penalty: SET (Angel) Limited was fined £2,000 plus £3,000 costs
MASTER OF LARGE TANKER FINED FOR FAILING TO COMPLETE A BREATH TEST
Defendant: Captain Rajesh K Singh at Lyndhurst Magistrates’ Court
Date of Hearing: 9 September 2010
Date of Offence: 8 September 2010
Offence: Failing to supply a specimen.
Details: In the early hours of Wednesday 8 September 2010 Nord Fast, a 176m long tanker with a displacement of 48,983 tonnes was proceeding in to Fawley oil refinery jetty with the assistance of a pilot.
The Pilot became concerned about the state of the Captain and subsequently the Police attended the vessel and Captain Singh was breathalysed. He failed that test and so was arrested and take to the Police Station for further tests. At the Police Station he recorded a reading of 78 but then failed to undertake a second test which is required by procedures.
Penalty: Captain Singh was fined £1,600 plus £85 costs and £15 victim support charge
BRITISH TRAWLER PROSECUTED FOR GOING WRONG WAY IN TRAFFIC SEPARATION SCHEME
Defendant: Skipper Rense Johannes de Boer at Folkestone Magistrates’ Court
Date of Hearing: 27 August 2010
Date of Offence: 9 January 2009
Offence: Breach of Rule 10 of the International Regulations for Preventing Collisions at Sea 1974.
Details: On the morning of 9 January 2009 the Netherlands Coastguard observed on radar an unidentified vessel steaming the wrong way down the northbound lane of the Off Texel Traffic Separation Scheme. About 40 minutes late the vessel was observed by the Netherlands Coastguard passing within one cable of a northbound vessel. An aircraft operated by the Netherlands Coastguard was sent to idenfity the vessel, which it did, as the UK registered fishing vessel Wilhelmina (LT60). The Wilhelmina was fishing at the time of the incident.
The incident was initially investigated by the North Sea Unit of the Netherlands Water Police. Investigations showed that the incident occurred in International Waters and the matter was therefore reported to the MCA for further investigation.
Penalty: Skipper de Boer was fined £3,500 plus £3,752.20 costs.
FAILURE TO MAINTAIN LIFESAVING EQUIPMENT LEADS TO COURT
Defendant: George Pill Senior
Date of Hearing: 27 November 2009 at Truro Magistrates’ Court. Referred to Truro Crown Court for sentencing.
Date of Offence: 22 August 2008
Offence: Proceeding on voyages without a serviced liferaft and out of date hydrostatic releases.
Details: When the Surveyor from the MCA conducted an audit on the Class V Passenger Vessel the Haven Rose in Falmouth, it became apparent that the vessel’s liferaft was overdue for servicing and the hydrostatic release unit (HRU) was past its expiry date. The Surveyor found that the serial number of the liferaft had been obliterated and servicing data was attached to the label using yellow embossed Dymo tape instead of the normal black printed lettering on white tape. Further enquiries showed that the liferaft should have been serviced in December 2007. The HRU should have been replaced at the same time. Attempts were made to talk to the owner, Mr George Pill Senior, but he declined to be interviewed.
Penalty: Six months jail for each of the two offences and costs of £8,500.
PASSENGER DEATH LEADS TO OLD BAILEY TRIAL
Details: On the night of 17 August 2008 the Class V Passenger Vessel Hurlingham had been chartered for a party and was carrying 121 passengers on a party cruise on the River Thames. Upon berthing at Westminster Pier, as the passengers were disembarking from the vessel, tragically a male passenger fell between the vessel and the pier. The alarm was raised immediately to London Coastguard who dispatched Search and Rescue resources within minutes to the scene. Unfortunately the man disappeared under the water and his body was not located until five days later.
Penalty: The Mate, Ryan Sandell, pleaded guilty to the charge of manslaughter and was sentenced to 15 months imprisonment. The Skipper, William Britton, was found not guilty of manslaughter but was sentenced to 9 months suspended for 2 years and to carry out of 150 hours of unpaid work.
NATIONAL TRUST PASSENGER VESSEL OPERATING WITHOUT CERTIFICATION
Details: On Brownsea Island, the National Trust operates a small Class V passenger vessel called the Brownsea Enterprise. This vessel is certified to carry 37 passengers and 2 crew. The Passenger Certificate and Domestic Safety Management Certificate expired on 20th May 2009.
On 19th June 2009, the National Trust contacted the MCA to organise the appropriate surveys for renewing the certificates. On 25th June, it became apparent to the MCA that the Brownsea Enterprise had been operating without certification between 20th May 2009 and 19th June 2009. Furthermore, it was still in use some 25 days after the vessel certification had expired. The National Trust was ordered to cease operating the Brownsea Enterprise until the appropriate surveys had taken place and the necessary certification issued; this occurred on 26th June 2009, and Brownsea Enterprise was allowed to resume operations.
Penalty: The National Trust was fined a total of £5,000 plus costs of £5,653.
TRAWLER FAILS TO KEEP A PROPER LOOKOUT
Defendant: Richard Johnston Jnr at Dunoon Sheriff Court
Date of Hearing: 28 January 2010
Date of Offence: 21 May 2008
Offence: Failure to keep a proper lookout. Breach of Section 58 of the Merchant Shipping Act 1995, conduct endangering ships, structures or individuals.
Details: On 21st May 2008, the trawler ADORATION CN78 was fishing for prawns in upper Loch Fyne. This trawler was seen from the shore to have made contact with buoys marking a fleet of creels, which lay about 200 yards off shore at Inverary. A total of 34 creels were lost.
Penalty: Mr Johnston was fined £400
CONVERTED ICE BREAKER CONTROLLED BY FRIEND IN DOVER STRAITS
Defendant: Mr Keith Johnathon MacGregor at Folkestone Magistrates’ Court
Date of Hearing: 29 March 2010
Date of Offence: 24 August 2009
Offence: Breach of Rule 10(b)(i) of the International Regulations for Preventing Collision at Sea, 1972
Details: Mr MacGregor was the part owner of the leisure vessel ST DAVID OF LONDON, a 35 tonne, steel hulled converted ice breaker. On 24 August 2009 he was returning to Dover from a pleasure trip to Jersey. At around 08:47 the vessel entered the Dover Straits Traffic Separation Scheme with a friend of Mr MacGregor’s at the controls. For the next 3 hours and 50 minutes the vessel proceeded against the general direction of the traffic for the South West Lane, running a total distance of some 26 miles and during this period had close encounters with three other ships, two of which were carrying dangerous or polluting cargoes.
Penalty: Mr MacGregor was fined £16,000 and costs of £4,445.
DREDGER FINED FOR MISSING SURVEY FOR SAFETY EQUIPMENT CERTIFICATE
Defendant: Northwood (Fareham) Ltd at Southampton Magistrates’ Court
Date of Hearing: 24 May 2010
Date of Offence: 7 January 2010
Offence: Merchant Shipping (Survey and Certification) Regulations 1996
Details: The vessel Norstone, a UK registered dredger, owned by Northwood (Fareham) Ltd was found by a surveyor on 7 January 2010 to have not been surveyed for the Safety Equipment Certificate since 28 December 2007, having missed the 2008 survey window.
Penalty: Northwood (Fareham) Ltd were fined £2,000 and costs of £4,217