Bolton Elaborates on M Pigneguy’s Evidence, Photos & Rules

Bolton Elaborates on M Pigneguy’s Evidence, Photos & Rules
“It’s because of the situation we experienced & then we saw these Photos, we could just draw our own conclusions without doing much more than putting them on our computer screen in a slide show presentation – make it go past fast like the slides of a film & see the ferry moving up like that. Then we saw the background which didn’t even need a screen to show how the ferry’s moving up. That is explaining my, trying to figure out why the ferry was hanging on to my tail to the extent he did instead of carry on his original course which would’ve taken him quarter of a nmile away from me at that stage.
So that’s why I was taking a very close interest in what was going on & at the ready if I had to. But at no stage did I have to touch my throttle because I could always tell he was going to go astern of me but he shouldn’t have been that close if he was the stand-on vessel as he maintains he was, so he failed to keep his original course & here I was having something brought upon me which I would only get out of, I would say , by increasing my speed. There was no way I was going to turn starboard into his way, he was past his point of turning so he was going to be turning shall we say, before he got any closer. He had room to keep on going behind me, he didn’t want to go to Rangitoto so I had no need to alter my course or speed & I didn’t. All he did was get closer to me than he should’ve & because it was still a safe passing distance, I had no need to do anything at all.
Included in our navigational training there is advice that the Maritime Rules have to do with prudent seamanship which is more than simply following the 40 parts of Rule 22 when blindly following the Rules will lead to any danger & for that reason, although you’ve got 40 parts of Rule 22, departures may be necessary. That’s where the judgement of a mariner comes into its determination – vessels on the water cannot be likened to an automobile at an intersection. So the rule of good seamanship & the general prudential rule (Responsibility Rule 22.40) mentions – “On occasion special circumstances may arise & require added precaution & even a departure from 1 or more of the collision regulations. Our crossing regulation has to do with a derivation from the head-on situation & the overtaking situation. The crossing is not clearly defined; it can be a crossing which has no risk of collision, it can be a crossing with risk of collision. If you can envisage vessels on the water, there are many situations between a head-on & an overtaking, They can’t all be crossing with risk of collision. They call a course like ours at 25 degrees approach, they call this passing astern of me a crossing but it’s a crossing where no risk of collision exists.
This crossing rule hasn’t been shown in the prosecution’s evidence in front of us, as a crossing which has no risk of collision, compared with one which does. The head-on rule stops at 11¼ degrees either side of the bow, so anything within that angle can be head-on. We are at 25 degrees which is just outside of the head-on boundary.
Judge Davis must be struggling – “Which makes it a crossing?”
Bolton clarifies – “Yes but a crossing which has no risk of collision.”
Judge Davis protects Barry Young – “Well, I have to decide that really, don’t I, whether there was a risk of collision based on the facts.”
Unfortunately the only alternative information masquerading as facts is that of the incorrect & misleading variety promulgated by the prosecution.
If Seaway had kept to its Regular Run, there would’ve been No Crossing at all.
If Seaway had maintained a straight course there would’ve been
a Crossing astern of Classique with No Risk of Collision.
Bolton Elaborates on M Pigneguy’s Evidence, Photos & Rules, 2014-09-15_2056

Bolton Elaborates on M Pigneguy’s Evidence, Photos & Rules

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