M Pigneguy’s Photos & Incident Report Don’t Ring True

M Pigneguy’s Photos & Incident Report Don’t Ring True
The 1st Bolton heard that something was amiss was the next week when he received a phone call from the Harbour master ‘s office. They’d taken a report from M Pigneguy with 3 Photos in support for Bolton to come in & discuss. Immediately they were viewed, Bolton’s suspicions were voiced – “I looked at the photos closely, I saw there’s something not right here. He certainly didn’t look as close when he passed as he did in the photo … I also read his report & saw there was something impossible here. A ferry at 80 mtrs off is far too close to be starting any collision avoidance. Our collision regulations are quite clear, if a vessel has any concern they are to immediately indicate that concern by the sound signal which has to comply with Appendix 3 regarding audibility & frequency.
Judge Davis gets confused about the priority of maritime rules & whether Appendix 3 takes precedence over Rule 22.34.4 – Maneuvering & Warning Signals. Bolton explains they both are part of the collection of obligations an approaching vessel has & there was nothing out of the ordinary up until the ferry had passed the point where it would have normally turned at Browns Island.
Judge Davis, having heard what Barry Young had to say, gets specific – “Isn’t it a point Mr Bolton that the ferry simply didn’t turn where you expected him to turn? So doesn’t it follow then from the rules, that the minute you were on his port side, you had to get out of the way?”
Bolton didn’t agree – “As far as I was concerned, there was no risk of collision because he was going to go from whence I’d come. He could’ve sounded his signal at that point if Classique was thought to be in his way. He could’ve sounded it way back but he didn’t so there was no reason for me to do anything.”
Judge Davis asks – “For example, turn to starboard as the rules require?”
Bolton points out – “Only if risk of collision exists & that is the prime point. If vessels will pass clear of each other if they keep their course & speed, there’s no risk of collision & as I was proceeding there was no risk of collision at all because there was clear expectation that he would not get anywhere near me, he would be turning from his stated course of 286* to 240* for Auckland.”
Judge Davis tries to get a picture of Bolton’s case – “When you say there was a clear expectation that he was going to turn, isn’t that expectation taken away when he didn’t turn?”
Bolton had no problem with that – “I was taking care of both eventualities. Because I’d given him such clearance from Browns Island Light, it didn’t matter whether he turned or not, because he could still keep on his previously, shall we say, straight course or the course that he was taking originally to Browns Island. It was expected to be his normal course & the more I travelled towards Motuihe, the more room I gave him behind me. so at the point that he didn’t turn, I’d already given him sufficient room anyway for him to carry on. But then if he thought there was risk of collision, that’s when he should’ve made a signal to me. But because I was not concerned, there was still no risk, then I proceeded. So I had no need to turn to my starboard – for 1 thing, there was no concern, no risk of collision & I certainly didn’t want to turn to starboard because if he hadn’t, he was going to. He doesn’t want to be impeded by a recreational vessel.”
Judge Davis thought he knew what he was talking about –“But that’s precisely what happened Mr Bolton, because you didn’t turn, because you didn’t comply with the rules, not only was he impeded, the ferry had to be ground to a halt.”
Of course that wasn’t true & Bolton continues – “That’s what he says & I disagree with that. There’s more to consider than the simple situation in front of us. There’s the authoritative texts alongside the application of the rules with many dissertations as to the point at which liability occurs.”
Judge Davis just wants – “the dissertation on Maritime Rules part 22 which talk to me about collision prevention & it’s precisely why I asked you if Rule 22.17 does not apply – you need to bring them to my attention during the course of your evidence now.” Rule 22.17 – “Action by stand-on vessel”

If the ferry had kept to its 286* course there would’ve been no incident.
There would’ve been clearance astern of Classique whether the ferry turned to Auckland
at Browns Island or not – the points on which Barry Young mislead Judge Davis.
M Pigneguy’s Photos & Incident Report Don’t Ring True,2014-09-11_2104

M Pigneguy’s Photos & Incident Report Don’t Ring True

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