Seaway had Automatic Identification System on its dashboard but told it wasn’t operational.
Submission of Ground 7 c & d – Appealing Judge Davis’s Decision
Prepared by Appellant, M J Bolton (Skipper/Owner of Classique)
The incremental turning of the ferry towards Classique.
7 c : 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
7 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 above ambient engine noise etc. Refer SD  Para 32.d
Note in addition to the above submissions …
Although it looked as if Seaway had the AIS instrument ( Automatic Identification System) on its dashboard, Bolton was told it wasn’t operational. This is probably very convenient for M Pigneguy, as it would’ve shown the actual course Seaway took on this particular day. In lieu of this electronic record, M Pigneguy has given the Court just what suits his nefarious purpose to convict the innocent skipper of Classique.
Bolton was able to obtain printouts from the AIS company in Auckland which clearly showed the curved course all the Waiheke Ro/Ro ferries take around Sth Motuihe & then Nth Browns Island every time.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
1 : AIS record showing Waiheke Ro/Ro ferries courses curving around Sth Motuihe & Nth Browns Island.
2 : Appendix 3 with 1 nmile as the required range for Seaway’s horn.
3 : The inadequate hand held aerosol hooter Seaway used instead of a decent Ships Whistle.