Appendix 3 showing the range of audibility for Seaway’s proper horn is to be 1 nautical mile (1850 mtrs)
Incremental Turning & Inadequate Horn Of Seaway, 7th Ground
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Submissions of original Grounds with additional references for Appeal
7 : His Honour, it is submitted did not properly consider Special Circumstances – continues …
(c) The incremental turning of the ferry towards Classique.
This came about because as the AIS record (Attached 2) shows, the usual course taken round Sth Motuihe is a gradual curve but due to the preoccupation with Classique, the ferry didn’t arrest its gradual curving Northwards before the point at which it would begin curving West to go round Browns Island. SD  Para 10.a & b. including SD  Para 31.a
(d) The inadequate horn of the ferry, its misuse and disregard for mandatory use.
The ferry’s main horn apparently hadn’t been functioning for some time, consequently M Pigneyguy had become accustomed to using an inadequate hand held aerosol device.
These are normally used by small craft which have no obligation to be equipped with a horn complying to Rule 22.33.3. Appendix 3, which has the audibility & frequency range enabling an identification of the vessel’s length & penetration into wheelhouses of other vessels above ambient engine noise etc. Refer SD  Para 32.d
Rule 22.33.3 – The Ship’s Whistle must comply with the specifications in Appendix 3 to this rule.
Appendix 3 – Technical details of sound signal appliances
1: Frequencies & range of audibility.
2: Limits of fundamental frequencies.
3: Sound signal intensity & range of audibility.
4: Directional properties.
5: Positioning of whistles.
The construction of sound signal appliances, their performance & their installation on board the vessel must be to the satisfaction of – in the case of New Zealand ships, the Director of Maritime New Zealand.
In this case although the inadequacy of the hand held aerosol hooter used by M Pigneguy was emphasized prior to & during the hearing, Maritime New Zealand & Barry Young entirely disregarded this violation of Maritime Collision Regulations mandatory in situations where vessels are approaching.