Maritime Rules Part 22 Regarding Collision Prevention

Maritime Rules Part 22 Regarding Collision Prevention
Judge Davis is given a run through the first relevant Rules by Bolton.
Rule 22.5 – “Look out” – to make full appraisal
Rule 22.6 –“Safe Speed” – vessel to be stopped in appropriate distance
Rule 22.7 – “Risk of Collision” – the ‘Compass Bearing’ is high lighted
Rule 22.8 – “Action to avoid collision” – in good time & observable.
Rule 22.15 – “Crossing Situation” – if risk of collision applies
Rule 22.17 – “Action by stand-on vessel” – must keep its course & speed
(This was covered during the Hearing –
A: Neither M Pigneguy or Phillip Sweetman were checking Seaway’s course, speed or positions at the times Photos were being taken.
B: M Pigneguy made a big fuss about how if he hadn’t acted fast in the last resort, Classique would’ve gone to the bottom. This was all to amplify how dangerous he wanted the Court to regard the actions of Bolton. This would have M Pigneguy in violation of a safe speed if it was true.
C: M Pigneguy only used an unreliable ‘relative bearing’
D: None of M Pigneguy’s actions were in good time or large enough to be seen
E: Risk of collision was created by M Pigneguy’s negligent actions & omissions
F: If M Pigneguy thought Seaway was a stand-on vessel it failed to keep course & speed which could’ve been either straight or turning as part of a Regular Run)
Judge Davis in questioning Bolton shows the extent he had been mislead by the navigationally erroneous evidence give him by the purported expert witness Barry Young who disregarded his Code of Conduct & acted as a Hired Gun.
1: “If I understand Mr Young’s evidence, if you had turned to starboard at Photo 1, we wouldn’t be here today”
Bolton – “At the point of Photo 1, there was no risk of collision as far as I was concerned at all because the ferry being on a regular run would be going around from whence I’d come.”
Judge Davis – “Yes but he wasn’t on that regular run, he was on the path that he was on on that day.”
Bolton – “If he had stayed on the path he was on earlier …”
Judge Davis – “…at photo1 you are on the port side of the ferry. Rule 22.17,
I think it was that I had my attention drawn to & Page 9 of the Coastguard Handbook we looked at , says in that situation in Photo 1, the obligation was on you to get out of the way by turning to starboard.” (Page 9 didn’t apply)
Bolton – “Unfortunately you’ve got to look prior to Photo1 because prior to Photo 1 …”
Judge Davis quoting Barry Young – “Isn’t the point though, whatever happened prior to Photo 1 is irrelevant because at the point at which Photo 1 was taken, you were at a situation where you were in a close quarter situation, there was risk of collision or if you weren’t yet in that situation you were getting mighty close to it.”
Bolton was trying to explain that the ‘yaw’ Barry Young talked about had to be a to & fro averaging out as a steady course & prior to Photo 1 the ferry had been on perhaps its stated 286*course. Therefore as the ferry had steered up to 292*, it could easily next swing back to 286* if it was ‘yawing’
Judge Davis –“Just for the moment , perhaps I’m far too simple for the evidence that you’re giving Mr Bolton but it seems to me whatever happened prior to Photo 1 being taken, is largely irrelevant because by the time we have arrived at Photo 1, we are at a point where each vessel is heading on a certain course & if there is not a close quarter situation & risk of collision, there’s going to be one shortly thereafter… let’s just assume for the moment that you’re right. What about Photo 2?”
So Judge Davis unfortunately cannot assimilate evidence Bolton gives him but seems only to be able to quote the navigational nonsense he got from Barry Young. This is what Maritime New Zealand wanted, by failing to notify TAIC – Transport Accident Investigation Commission, to be able to hoodwink a city Judge Davis instead of putting the matter before the proper Nautical forum.
What happened prior to Photo 1 is certainly important to consider & is easy to deduce from the evidence M Pigneguy supplied – regardless of the false difficulties posed by Barry Young to suit his own agenda & not professionally establish the facts of the case.

                   Barry Young hoodwinked Judge Davis at to the true facts of the situation
Maritime Rules Part 22 Regarding Collision Prevention,2014-09-12_2113


 

Maritime Rules Part 22 Regarding Collision Prevention

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