Submission of Grounds 3 & 4 – Appealing Judge Davis’s Decision

M Pigneguy reveals ignorance of ColRegs & use of a non compliant handheld Aerosol hooter

Submission of Grounds 3 & 4 – Appealing Judge Davis’s Decision
Prepared by Appellant, M J Bolton (Skipper/Owner of Classique)
3 : That because Seaway on its own admission was traveling at over twice the speed of Classique, Seaway dictated the ultimate relationship between these 2 vessels.
Because of the superior speed of Seaway it was not for Classique to avoid the eventual close quarters situation created by Seaway’s superior speed and alteration of course.
Refer SD [5] Para 11.b re avoiding a situation created by the Rogue ferry. Refer Farwell Page 114 “…good seamanship could have adjusted the encounter to permit the vessels to pass under more favourable circumstances” See – Farwell’s Rules of the Nautical Road
4: Seaway failed to audibly sound his horn but concentrated on his photography –
Seaway was not equipped with a “regulation horn”
The ferry had no horn complying with Rule 22.33.3.– Refer SD [15] Para 24.d
Further more the inaudible signal was first used at 80 mtrs off Classique according to the ferry’s MNZ incident report & evidence in Trans Page 22. Refer SD[22]Para32d
Only the first 5 blasts (at 1 second intervals) could be made in the time of 10 seconds the ferry takes to cover 80 mtrs at 15.5 knots, it is impossible for there to be an interval for Classique to respond and if she didn’t respond, to sound another series of 5 blasts with a further interval for Classique to take avoiding action. Refer to violation of Rule 22.8, Trans Page 151 & SD [15] Para24
Note in addition to the above submissions …
M Pigneguy continues to reveal his ignorance of Maritime Collision Regulations & use of a non compliant handheld Aerosol hooter instead of Seaway having a working Ships Whistle. To worsen matters, M Pigneguy was taking his photographs instead of sounding the appropriate signals at the mandatory times & distances.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

M Pignguy’s camera & aerosol hooter are not the equivalent of a complying ships whistle.
Steering towards the path of Classique is an even worse violation.

Submission of Grounds 3 & 4 - Appealing Judge Davis's Decision

Submission of Grounds 3 & 4 – Appealing Judge Davis’s Decision

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