2012

MARINER FINED FOR FORGERY  Defendant: Boorzeen Murzban Dantra at Southampton Magistrates’ Court Date of Hearing: 18 April 2012 Date of Offence: January 2011 Offence: Breach of the Merchant Shipping Act 1995 and Forgery and Counterfeiting Act 1981 Details:  In January 2011 Dantra had applied to sit an Orals Examination for a Masters Certificate of Competency (CoC). The application was supported by discharge certificates and watchkeeping certificates showing service on two anchor handling vessels and totalled 19 months. This was accepted and the appropriate documentation was issued. In early October 2011, Dantra came to the attention of the Enforcement Unit of the Maritime and Coastguard Agency (MCA). Based on information received, checks showed that, in fact, Dantra had been serving on an Offshore Floating Storage Unit (FSO). The owners of the anchor handling vessels confirmed that Dantra had never worked on one of their vessels. The discharge and watchkeeping certificates provided by Dantra were therefore fraudulent. When interviewed Dantra admitted that he had been working on the FSO rather than the anchor handlers. Investigations showed that his time on the FSO did not fulfil the sea time requirements to sit the exam for his Masters CoC. Time on FSO’s counts only as half sea time towards a qualification issued by the MCA up to a maximum of nine months. This is clearly set out in Marine Guidance Note (MGN) 92. Dantra was aware of these rules following problems with his previous application for examinations for Chief Mates CoC. Dantra was charged with submitting a false application contrary to section 47 of the Merchant Shipping Act 1995 and two charges of using a false instrument contrary to section 3 of the Forgery and Counterfeiting Act 1981. Penalty: Mr Dantra was fined a total of £7,603.21.

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RUSSIAN MASTER PROSECUTED FOR GROUNDING ON NORTH UIST AND FAILING BREATH TEST

Defendant: Konstantin Gobulev at Stornoway Sheriff’s Court

Date of Hearing: 28 March 2012

Date of Offence: 22 March 2012

Offence: Breach of the Merchant Shipping Act 1995 Section 58 (2)(b)(i) by failing to properly navigate his ship and breach of the Railways and Transport Safety Act 2003 by being over the limit for alcohol.

Details:  On 22 March 2012 the master of the Dutch cargo ship ‘Flinterspirit' was arrested and charged with breach of the Railways and Transport Security Act 2003. The master had grounded his vessel on Flodday Mor on the 19 March 2012 and failed a routine breath test two days later.

The ‘Flinterspirit’ was on a voyage from Pori, Finland to Belfast when the vessel grounded on Flodday Mor, North Uist at 10:50pm GMT (Greenwich Mean Time) on the 19 March 2012. The vessel’s time was one hour ahead of GMT and the second mate was due to take over the watch from the master. The second mate felt a judder and rushed up to the bridge; there was no one there. The second mate called the chief mate to the bridge and together they sounded the general alarm. When the master still did not appear the second mate went down to his cabin where he found him in bed.

The chief and second mate contacted the coastguard and carried out an inspection of the ship’s ballast tanks. They discovered that the fore peak tank and the bow thrust compartment were both flooded.

The ship was on a rising tide and the ship’s officer’s de-ballasted number three and number one ballast tanks, at approximately 3:00am on the 20 March the ship floated free. The vessel was brought to Stornoway so divers could carry out an underwater inspection, however bad weather prevented it from being berthed until the 22 March.

Penalty: Captain Gobulev was fined a total of £13,500.

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FISHING VESSEL SKIPPER PLEADS GUILTY OF FAILURE TO KEEP A PROPER LOOKOUT Defendant: Mr MacDonald at Stornoway Sheriff’s Court Date of Hearing: 29 February 2012 Date of Offence: 12 January 2011 Offence: International Regulations for the Prevention of Collisions at Sea Details:  On 12th January 2011 the fishing vessel ‘Silver Chord II’, collided with and sank the fishing vessel ‘Saphire. Both vessels are registered in Stornoway and operate out of that port. The ‘Silver Chord II’ was heading home to Stornoway after a day trawling for prawns in the North Minch. The skipper Murdo MacDonald left his wheelhouse for a short time to assist his crew in sorting the catch. Roderick McLeod, skipper of the ‘Saphire’ was operating his fishing vessel single handed, which was stopped in the water whilst he hauled his net. The ‘Silver Chord II’ crashed into the port side of the ‘Sapphire.’ The water poured in so quickly that the vessel sank within minutes. Mr McLeod was able to jump safely onto the ‘Silver Chord II.’  Our investigation revealed there was no lookout on either vessel at the time of the collision. Penalty: Mr MacDonald was fined a total of £1000.

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SHIP OWNERS FINED FOR OVERLOADING

Defendant: Katja Schiffahrtsges Gmbh at Southampton Magistrates’ Court

Date of Hearing: 9 February 2012

Date of Offence: 23 November 2010

Offence: Breach of Loadline Regulations.

Details:  The vessel was loaded to its marks with rock salt and sailed from Goderich to arrive at the Manchester Ship Canal on the 23rd November 2010. Rock salt was in high demand to treat UK highways at this time.  As the vessel entered the River Mersey, the pilot on another passing vessel noticed that the Plimsoll Line and load lines were not visible and the vessel appeared very low in the water. When the vessel arrived in the Queen Elizabeth II Dock it was inspected by MCA Port State Control Officers who found that the load line that marks the safety limit of the vessel was submerged by 39.5 cm.

Penalty: Katja Schiffahrtsges Gmbh was fined £28015 with costs of £5000.

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