In the Brief of Evidence provided by M Pigneguy (a signed statement which is true to the best of one’s knowledge & belief) it was stated, after repeating a description of his approach from Waiheke… 1: after rounding Sth Motuihe & seeing Classique 2 nmiles away at aprox 30* on Port, he established there was risk of collision because there was little change in the Relative Bearing taken from the ferry Rule 22.17(1). 2: As Classique was on the ferry’s port bow with risk of collision existing, the ferry was said to be the Stand-on vessel obliged to maintain its course & speed which he said he did. Rules 22.17(2a&b), Rule 22.17(3&4). 3: When Classique was aprox 80mtrs away, he sounded 5 short blasts on the ferry’s whistle – repeated 2 or 3 times but as Classique showed no recognition, she was also unlikely to understand the signal’s meaning for her to take action to avoid a collision. Rule 22.34(4) re signals when vessels are in sight of each other with doubt as to the other’s intentions. 4: He took 3 photos – 1st at 1st horn blast, 2nd at 2nd horn blast, 3rd near point of incident. 5: He repeated his reasons for not turning port or starboard & why he thought his best action was to slow down until the ferry was almost stopped to allow Classique to pass aprox 20mtrs ahead at which point a further 5 blasts drew a wave from the female standing at the helm position & a cloud of smoke erupted from Classique’s exhaust as she increased her speed.
An appropriate ferry sized horn in a prominent position, with adequate audibility to be heard by the other vessel over ambient engine noise in its wheelhouse at a range of 1 nautical mile (Col Regs Appendix 3)