Ian Howden & Jim Lott Continues The Façade Of An Interview
Bolton had been talking about the many years of familiarity he has with the harbour, as he has been anchored at Motuihe, Browns Island & Rangitoto, able to watch the Waiheke ro/ro ferries enroute to Auckland routinely turning West after passing Browns Light.
Jim Lott confirms that Bolton said “that’s what he should’ve been doing”
Ian Howden then asked – “Do you think it’s prudent to assume the vessel is going to take the same course as it did the day before, as a means of determining whether a risk of collision is … ? It seems to me that you may have made the decision as to whether or not you should give way or not based on anticipating he was going to change course. If you’re a give-way vessel are you required to pass ahead or stern of the vessel you’re giving way to?”
Jim Lott & Ian Howden claim to know navigation but it’s as if Bolton has to explain how a navigator would naturally take a ferry’s usual course into his assessment of risk. How there was no stand-on / give-way situation existing therefore each vessel was to keep their course & speed.
Jim Lott refers to photo 2 – “at that stage was when there was risk of collision & that was the time when action had to be taken to avoid it deteriorating into a position where a collision could very well have occurred.”
Bolton explains how Seaway had now passed the point where it would normally begin to turn to Auckland, it would be senseless for Classique to turn starboard into what was at any time going to be Seaway’s new course but Jim Lott comes up with – “Passed? He was required to maintain his course & speed because he was the stand-on vessel & there was risk of collision in his eyes at that time.”
An analysis of photo 2 shows that Classique at about 250 mtrs off, was actually ahead of Seaway – there was no risk of collision, Seaway was free to turn as it would normally do or keep a straight course if it chose to & pass astern of Classique. Further more, there is perfect freedom in Maritime Rules for the ferry to follow it’s usual daily course – it has no obligation to think it is a stand-on vessel when with the appropriate signals, made positively & in good time, its intentions are made known to any vessel in the vicinity who might not be familiar as confirmed in Farwell’s authoritative navigational text.
1: A vessel maintains her course & speed within the meaning or rule 22.17 not only when her course & speed are steady but also when she continues to engage in a steady, predictable maneuver. A prudent seaman must therefore at all times be aware of their passage plan & any upcoming course changes.
2: There is a reasonable inference to be drawn as to a vessel’s future course from her position at a particular moment & this greatly depends on the nature of the locality where she is at the moment.
It’s as if Ian Howden & Jim Lott are not competent to be conducting an interview on navigational matters – otherwise they are deliberately obfuscating fundamental nautical principles to mislead the Court.
See Farwell’s “Rules of the Nautical Road”
Click here – Farwell’s Rules of the Nautical Road