Barry Young continues with his Brief of Evidence

Barry Young continues with his Brief of Evidence – referring to
1: Rule 22.7 which requires every vessel to determine if Risk of Collision exists & a method of assessing risk by “watching the compass bearing of an approaching vessel” which if not changing appreciably indicates Risk of Collision must exist – He explains why smaller vessels commonly practise the taking of Relative bearings.
2: Rule 22.17 which requiring the Stand-on vessel ie. the ferry, to “Keep its Course” is of importance considering Bolton claimed the ferry failed to comply & changed its course towards Classique by 11*
3: Barry Young describes that course change as “Drifting”
4: He studied the 3 Photos & using various methods determined that the ferry “Drifted” about 2.4* towards Classique between Photos 1 & 3 (but he didn’t take into account the turning the ferry did before the taking of Photo 1 as from Sth Motuihe.)
5: He said it is difficult for a heavy flat bottomed craft such as Seaway to steer & maintain an exact course. He thought it was acceptable to vary a course by 2* or 3* without contravening Rule 22.17 noting that with the ferry’s compass smallest graduation being 5*, it couldn’t even under ideal conditions steer a course with an accuracy of better than 5*
6: He also notes that any suggestion that this incident could’ve been avoided by Seaway altering course to port wouldn’t comply with Rule 22.17(2b) “Stand-on vessels must not alter course to port for vessels on their own port side”
Several Questions arise — continuing

Stand-on & give-way vessels & their actions
images (35)

Crunch point T-boning
images (36)

Showing the usual 5 degree graduations common on compasses – no problem steering accurately

The ferry’s course at Photos 1,2 & 3

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