Special Conditions & Seaway being on a Regular Run
Bolton continues – “Maritime Rule Part 22 is not a complete & comprehensive code of navigation. The ordinary precaution of good seamanship is still required as defined by custom & a degree of care & skill is still expected. In addition to bare compliance with the literal provisions of some specific rule, added precautions, as it is in an ordinary practice of seamen to take in a particular situation or such added precautions as special circumstances of a particular case reasonably demand.”
At this particular location, it was the usual practice of the ro/ro ferries from Waiheke to turn at Browns Island to head for Auckland. Bolton had familiarity with that area since his Naval Training in 1956 at HMNZS Tamiki – Motuihe Island. On this occasion, as an internationally qualified navigator of his own ocean going yacht Classique he was rightly taking into his risk assessment, the approach of Seaway & the likely hood of the routine course it would take.
Judge Davis with no nautical experience at all says – “I’ve not heard any evidence to say the custom that exists out in the Hauraki Gulf or Waitemata Harbour, or whatever it is, is that in circumstances such as each of you & Mr Pigneguy were confronted with, that the obligation was on Mr Pigneguy to get out of the way rather than you.
Judge Davis had heard M Pigneguy describing his Regular Run & he saw that course drawn on M Pigneguy’s evidential chart.
Bolton reminded Judge Davis – “All M Pigneguy had to do was keep on his Regular Run – that’s the custom.”
Judge Davis said platitudinously – “Well, I’ll give that submission the appropriate weight in my decision, thank you.”
The weight which eventuated was grossly inappropriate & in fact eliminated by the professionally dishonest opinion of Barry Young in his role as Hired Gun for Maritime New Zealand instead of being a help to the Court as an Expert Witness.
Farwell backs Bolton – “The question always turns on the 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.”
See Farwell’s “Rules of the Nautical Road”
Click here for – Farwell’s Rules of the Nautical Road
Ian Howden, Jim Lott, M Pigneguy & Barry Young all ignorantly mislead Judge Davis
on a self evident navigational principle that a ferry’s Regular Run is a part
of risk assessment & management in the approach of 2 vessels.
Special Conditions & Seaway being on a Regular Run.