Another question arising from the Brief of Evidence of M Pigneguy

Another question arising from the Brief of Evidence of M Pigneguy – did he sound the ship’s whistle as prescribed by Rule 22.34(4) ? That Rule states ” When vessels are in sight of each other & for any reason either fails to understand the intentions of the other, OR is in any doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt must IMMEDIATELY indicate such doubt by sounding the following signal on its whistle – at least 5 short & rapid blasts.” (A short blast is defined as a blast of about 1 second’s duration – a prolonged blast means from 4 to 6 second’s duration)
This Rule is mandatory.
1: M Pigneguy had his first concern 2 miles away at the point of Sth Motuihe but said he sounded his 1st signal at 80 mtrs away from Classique when he took his 1st photo – This would not give Classique time to respond if that was the case.
2 : If the 1st photo & series of blasts was 1/2 nmile away, the signal had insufficient audibility to be heard by Classique. Infact it was only the last series that was heard as the ferry passed astern, traveling as fast as a roll on/roll off ferry would be expected to pass – there being no apparent slowing down of the ferry. The advice given by M Pigneguy in is his article in the Professional Skipper magazine was to take a photo when there is doubt about the other craft’s intentions – the Rule’s main purpose is to give the other vessel an alert as early as possible so that appropriate action can be taken or radio contact can be made to establish the existing circumstances.

Classique was said to be 80 mtrs away at 1st Photo

Classique measures 7mm long, broadside on, at 1000 mtrs. In photo 1, she measures about the same but the angle is sharper so she could be about 750 – 800 mtrs away.

Classique appears close at 80 mtrs away. the measurement between the boom & lower spreader is 30 mm – about equal to the same area in Photo 3, indicating a similarity of separation between vessel at photo 3.2014-01-11_1034

This original Photo 3 is apparently zoomed so the measurement of the mast area between boom & lower spreader shown in the previous photo wouldn’t appy here but in its unenlarged state, the measurement is identical. What appears as dark exhaust is actually white steam concealing a grey dinghy being towed.
Classique 3-1

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