takes a licking and keeps on cruising

[thataway]

Bob, do you know if any portion of those investigations, e.g. hearings, is conducted in public? Typically, is a record of the proceedings published somewhere?

Andy, I don't know if all of the investigations have public hearings. Some certainly do For example: here is the first part of 10 days of transcripts of the loss of the El Faro There is a marine investigation division of the Coast Guard which does reports on any serious incident, especially involving, injury, death and property damage. Almost every report I have read involving loss of life involved a public hearing.

Also the National Transportation Safety Board has reviews of incidents involving certain marine accidents; Here is a site with summary of some recent investigations.

I do know that when there is a serious accident involved yacht racing, that NGO,US Sailing also does a through independent investigation, which can involve testimony in a nonjudicial setting.

Since there was no apparent injury or serious property damage (Nap Tyme continued underway, and was released by USCG) the investigation may not involve public testimony in the investigation. But there is always potential for civil action.
The other issue is an culpability of the captain of the ferry and there I believe could be an administrative law hearing on the captain's license qualifications.

 

[RobLL]

http://www.kitsapsun.com/story/news/loc ... /98497218/

Ferry captain two weeks loss of license concurrent with two weeks suspension, no pay. Cruiser owner to pay undisclosed fine.

 

[starcrafttom]

Looks like a good ruling for both sides. Ferry Captain with 34 years on the bridge and has to take a rules course? Thats worse then the no pay LOL..

 

[BrentB]

Both skippers contributed to crash between ferry, powerboat
Ed Friedrich , ed.friedrich@kitsapsun.com 5:16 p.m. PT Feb. 28, 2017
CONNECTTWEETLINKEDINCOMMENTEMAILMORE

SEATTLE — Separate investigations have found that both a state ferry captain and private boat operator contributed to a collision three months ago south of Vashon Island.

On Dec. 4, the 273-foot Chetzemoka was traveling from Point Defiance to Tahlequah when it was struck by the motorboat Nap Tyme. There were no injuries. Both vessels were found to be seaworthy.

A widely viewed video taken by a ferry rider showed the cruiser approaching on a collision course from the starboard. As it neared, the Chetzemoka captain sounded a warning and slowed the ferry but too late. The powerboat rammed headlong into the ferry, spinning the smaller boat sideways in an eddy of white water. As it floated around the front of the now-stopped ferry, the owner emerged from below deck. The boat had been on auto-pilot.

The powerboat owner was guilty of not watching where he was going, and the Coast Guard fined him an undisclosed amount, said Petty Officer Amanda Norcross. International Safety Rules, which govern Puget Sound, say every vessel must at all times maintain a proper look-out.

Though the ferry skipper took the proper actions, they were belated, so he was disciplined by both the Coast Guard and Washington State Ferries after independent reviews.

The Coast Guard took his merchant mariner credential away for two weeks and required him to complete a rules of the road refresher course. Washington State Ferries suspended him without pay for two weeks, which ran concurrently with the loss of license, and made him take a bridge management course, WSF director of marine operations Greg Faust said.

The WSF investigation determined a breakdown in bridge team communication contributed to the crash. The skipper, who works a relief shift, jumping from boat to boat, doesn't get accustomed to a crew like other captains. Ferry leaders believed training in bridge resource management would prove beneficial.

The captain had worked for the ferries system for 34 years without incident, Faust said. This time, he concurred, he didn't act fast enough.

He saw the Nap Tyme on a collision course and sounded the horn three times. The powerboat didn't change direction. He took the helm and slowed the Chetzemoka.

"It got to the point where it was too late to turn right or he would've turned into the vessel, so he made a last-ditch attempt to try to stop the boat," Faust said.

"It was a bit of an error in judgment. He said: 'I agree with everything (the investigators found). I should have stopped the boat sooner and come to the right sooner.'"

Damage to the Nap Tyme was a broken rail. The ferry captain launched a rescue boat to check the powerboat and made the proper notifications.

 

[RobLL]

Curious about this, going at cruising speed on AP, no look out, and down below and indisposed. The equivalent accident in an automobile might be a felony offense and involve at least a little jail time. Any reason why marine law is different?

 

[hardee]

I have been a supporting member of RBAW, (Recreational Boating Association of Washington) for the last 10 years. It is a way to support some legal representation to the State legislature (and membership also gets a 50% discount for the BoatUS membership basic annual membership fee.

This last week, I received my new card and letter for 2017. One of the mentions in the letter caught my eye.

"Boating Under the Influence:
RBAW is supportive of efforts to enforce BUI penalties, but is concerned about additional fees and procedures that may impact the recreational boating experience. RBAW opposes tying BUI to an individual's automobile driver's license."

Most everything they have had on their plate I have been supportive of, but this one strikes me as being on the wrong side of good sense. I suspect that this thinking is part of why the "pleasure boater" got of with a hand slap.

Harvey
SleepyC:moon

 

[MikeR]

Curious about this, going at cruising speed on AP, no look out, and down below and indisposed. The equivalent accident in an automobile might be a felony offense and involve at least a little jail time. Any reason why marine law is different?

It probably depends on what you consider as the equivalent accident in an automobile...most cars don't have autopilots or heads so probably impossible to conceive doing the same thing on the road with current technology in 99.9% of cars. So in my mind the automobile equivalent would be distracted driving (texting?) and having a fender bender with a bus, in which no one is hurt and no damage to the bus. I don't think that's a felony, yet.

-Mike

 

[RobLL]

I think the closest equivalent would be crawling into the back seat of a Tesla and taking a nap. And I think a felony.

 

[JamesTXSD]

The Coast Guard assigns a percentage of blame in an accident/incident. I feel for the ferry captain: there is a moment of disbelief when you see something so incredibly stupid... causing a delayed reaction. The report of sounding the horn three times shows the captain was aware of the collision potential (thus, some of the blame). The idiot in the pleasure boat put himself and others in danger by his reckless behavior... an "undisclosed fine" is getting off easy.

The catch-22 is always that "avoid a collision" line in the regs.

 

[hardee]

The Coast Guard assigns a percentage of blame in an accident/incident. I feel for the ferry captain: there is a moment of disbelief when you see something so incredibly stupid... causing a delayed reaction. The report of sounding the horn three times shows the captain was aware of the collision potential (thus, some of the blame). The idiot in the pleasure boat put himself and others in danger by his reckless behavior... an "undisclosed fine" is getting off easy.

The catch-22 is always that "avoid a collision" line in the regs.

The report did not say the ferry captain did a 5 whistle blow, ("Emergency, give me your attention NOW, I do not understand your intentions") but at some point that would/should have been the case. Blowing the horn 3 times is a recognized signal: (from Rule 34 MANEUVERING AND WARNING SIGNALS, USCG International Rules and Regs):

"(a) When vessels are in sight of one another, a power-driven vessel underway, when maneuvering as authorized or required by these Rules, shall indicate that maneuver by the following signals on her whistle:

one short blast to mean "I am altering my course to starboard";
two short blasts to mean "I am altering my course to port";
three short blasts to mean "I am operating astern propulsion".

I agree, the Nap Tyme skipper got of really easy. He could have just as easy got to be dead. I would not consider texting quiet the same level, as the helm on nap Tyme was abandoned, so more like reclining the seat for a short nap while the cruise control was turned on.

Harvey
SleepyC :moon

 

[hardee]

Video lesson on use of sound producing devices is here:

http://www.boaterexam.com/navigationrul ... g-off.aspx

Harvey
SleepyC :moon

 

[JamesTXSD]

Not sure if the captain blew the whistle three times (signaling reverse), OR if he gave 5 blasts... three times.

In the years I have worked for the whale watch company, with our commercial slips just yards away from the FH ferry landing, I have never found the ferry captains shy about using 5 blasts. Every season, I have been astounded at the stupid behavior of small boats around those ferry landings.

 

[rogerbum]

Not sure if the captain blew the whistle three times (signaling reverse), OR if he gave 5 blasts... three times.

In the years I have worked for the whale watch company, with our commercial slips just yards away from the FH ferry landing, I have never found the ferry captains shy about using 5 blasts. Every season, I have been astounded at the stupid behavior of small boats around those ferry landings.

The video linked at the beginning of this thread shows that the ferry gave 5 blasts at least twice. It starts with the end of one blast and after that, there are two separate 5 blast sequences. The first one on the video is probably the tail end of a 5 blast sequence also.

 

[hardee]

Not sure if the captain blew the whistle three times (signaling reverse), OR if he gave 5 blasts... three times.

In the years I have worked for the whale watch company, with our commercial slips just yards away from the FH ferry landing, I have never found the ferry captains shy about using 5 blasts. Every season, I have been astounded at the stupid behavior of small boats around those ferry landings.

The video linked at the beginning of this thread shows that the ferry gave 5 blasts at least twice. It starts with the end of one blast and after that, there are two separate 5 blast sequences. The first one on the video is probably the tail end of a 5 blast sequence also.

It also plainly shows that the ferry was not in full reverse power until near contact. You can hear the change in the power vibrations, no power at 0 - 12 seconds then power increase at 13 seconds and contact is at 025 seconds and at 27 seconds you see the Nap Tyme veering of to Stbd and the prop wash from the ferry.

Harvey
SleepyC :moon

 

[rogerbum]

Not sure if the captain blew the whistle three times (signaling reverse), OR if he gave 5 blasts... three times.

In the years I have worked for the whale watch company, with our commercial slips just yards away from the FH ferry landing, I have never found the ferry captains shy about using 5 blasts. Every season, I have been astounded at the stupid behavior of small boats around those ferry landings.

The video linked at the beginning of this thread shows that the ferry gave 5 blasts at least twice. It starts with the end of one blast and after that, there are two separate 5 blast sequences. The first one on the video is probably the tail end of a 5 blast sequence also.

It also plainly shows that the ferry was not in full reverse power until near contact. You can hear the change in the power vibrations, no power at 0 - 12 seconds then power increase at 13 seconds and contact is at 025 seconds and at 27 seconds you see the Nap Tyme veering of to Stbd and the prop wash from the ferry.

Harvey
SleepyC :moon

No argument from me on that. I'd agree with Jim's assessment of "... there is a moment of disbelief when you see something so incredibly stupid... causing a delayed reaction." If the ferry captain had acted more quickly, the accident could likely have been avoided - in spite of the fact that the owner of Naptime was incredibly negligent. The ferry captain was probably so in awe of the stupidity, that it took awhile for it to occur to him that Naptime would not alter course.

 

[hardee]

Roger, I agree, and that nap Tyme skipper would have had quite a ride even if he hadn't touched the ferry if he had ridden through that prop wash just feet from the ferry. Might have had a new meaning for "hitting the head" in that case and would have been a whole different set of paper work :wink:

Harvey
SleepyC :moon