Submissions on – Paragraph 23 – Evasive Rationale – Video

""Change (or no change) in relative bearing may indicate nothing more than unsteady steering by own ship”

Submissions on – Paragraph 23 – Evasive Rationale – Video
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The Appellant’s responses to Paragraph 23
[14] Para 23 : His Honour we submit, was mislead as to the situation It became apparent to Seaway that Classique was not taking action (assuming a crossing situation existed) then Seaway was allowed to take its own evasive action provided it did not alter its course to port. The rationale….Importantly Rule 22.17(4)
It is submitted that The Rationale given by His Honour is not valid
(a) crossing with risk of collision did not exist & Seaway was entitled to keep to its normal route around Browns Island.
(b) because that was Seaway’s normal maneuver Classique was neither intending nor willing to turn to starboard into the ferry’s expected path.
(c) If the ferry had any doubt about its safety in turning to its Port, it only had to indicate its intention by sounding 2 significant blasts – Rule 22.34.1b
Importantly Rule 22.17.4 allows the other vessel to keep out of the way in a manner which is applicable to the situation – turning either way, proceeding ahead or stopping.
(d) The only method M Pigneyguy used to determine whether ROC existed was the taking of Relative Bearings – Trans Page 14,16,19. That he found they were not changing much, is entirely due to his steering towards Classique & consequently bringing his bearing up with him as his own course was changing from 260*, 270*, 280*, 290*, 297*
(e) Cockcroft “Collision Avoidance Rules” page 46 & Farwell “Rules of the Nautical Road” page 237 both emphasize the failing of ”relative bearings which change with any change in own vessel’s heading. Thus a change (or no change) in relative bearing may indicate nothing more than unsteady steering by own ship” Trans Page 66
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Evasive Rationale

 

Submissions on – Paragraph 23 – Evasive Rationale – Video

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