Submissions on Judge Davis’s Decision – Para 24,e,f,g,h

Farwells page 255 - Action to Avoid Collision shall be such as to result in passing at a safe distance

Submissions on Judge Davis’s Decision – Para 24,e,f,g,h
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following are the Appellant’s responses to Paragraph 24, sections e, f, g, h
(e) It was stated by M Pigneyguy 8 times that he had stopped or almost stopped the ferry and had used stern propulsion – Trans Pages 11,23,56,81,90,100,
(f) That he stopped, we submit, is not true. His original claim said he “slowed” and if he used stern propulsion the ferry made no obligatory signal for operating stern propulsion – Mandatory Rule 22.34.1c requiring “3 short blasts”
(g) It was not apparent that Seaway was slowed at all – it went past as fast as a Roll on Roll off would be expected to go (Trans Pages 90,210,265. Interview page 28) neither was it necessary or feasible for Seaway to be halted for Classique to pass across the bows of Seaway, nor for Capt Pigneyguy to believe that by his own action he prevented a collision.
“It must be patently clear that if I had any concern about the ferry acting in a Rogue manner, necessitating avoidance on my part, I could have easily accelerated forward from any distance back – turned away to Port or stopping. My attention to the ferry was total”.
(h) In fact if the ferry did as claimed, at the point of taking the photo at 80 mtrs Capt Pigneyguy violated Rule 22.8 and Farwells page 255 – Action to Avoid Collision shall be such as to result in passing at a safe distance– to be positive, substantial, in ample time, visually apparent, with due regard to the observance of good seafaring practice where an alteration of course would have been the most effective action.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Click here to view Farwell’s “Rules of the Nautical Road”
Farwell’s Rules of the Nautical Road

Submissions on Judge Davis’s Decision – Para 24,e,f,g,h

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Submissions on Judge Davis’s Decision – Para 24,e,f,g,h

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