Regarding the sound signals which B Young says in his Brief of Evidence, is a requirement in Rule 22.34 so that vessels in sight of each other are warned of their intentions – M Pigneyguy lead the Court to believe he complied by sounding his series of 5 blasts but neither he, MNZ or B Young informed the Court that those sound signals are –
2: to be sounded IMMEDIATELY one vessel has concern as to the intentions of the other.
3: to be made on a whistle or horn complying with Appendix 3 of Maritime Rules.
Mandatory means there is no option, not discretional – it’s legally required & in time for the other vessel to respond.
Immediately means straight away at the 1st instance with no delay – a camera is not a substitute.
Appendix 3 has a table for length of vessel, the octave band level & the Audibility range in nmiles “to be heard onboard a vessel having an average background noise level in the wheelhouse.” Length of vessel is in 4 brackets – over 200 mtrs, 75 – 200, 20 – 75 & less than 20 mtrs.
The reason for this is so that even out of sight, perhaps in fog, the vessel by sounding in its frequency, gives the other vessel an idea of its length & with sufficient audibility, the range is according to its ability to maneuver.
The ferry was required to have a frequency of 130 in the octave band & an audibility range of 1 nmile.
When MNZ presented its results of testing the hand held aerosol horn used by the ferry, its range was the only criteria mentioned – “audible at .25nm, fainter at .5nm.”
The ferry was not held to account for its failure to have a complying whistle/horn, used appropriately.
The ferry in its original claim said its 1st sound signal was at 80 mtrs off (ie. 10 seconds away at 15.5 kts.)
The consequences of this failure to sound at an appropriate distance with sufficient audibility, was that Bolton didn’t get any indication from the ferry that M Pigneyguy had any concern regarding his approach which looked acceptable to Bolton, as the ferry was free to adjust its passing to its liking or turn away to head for Auckland, rounding Browns Island – the ferry did not appear to be inconvenienced & according to Bolton, it didn’t slacken its speed in the slightest, although 7 times in the Court transcripts, M Pigneyguy misleadingly stated “the ferry stopped, was dead in the water” etc –
The ferry had its point of 1st concern as it rounded Sth Motuihe
but at 2 nmiles it would not be required to have sufficient audibility.
Mid way at 1 nmile is where it must make its concern heard by the other vessel.
The ferry’s claim said the 1st signal was at 80 mtrs off but altered that position to be at 1st Photo.
The hand held aerosol had insufficient audibility at that distance.