Barry Young has confused Judge Davis by describing as “Yaw” the continual turning

Barry Young has confused Judge Davis by describing as “Yaw” the continual turning by the ferry towards Classique.
Judge Davis – “Let’s just assume for the moment that you’re right about Photo 1 – what about photo 2, is that a close quarter situation ?”
Bolton – “That is where clear evidence of something which is not ‘Yaw’ is taking place because …”
Judge Davis – “Well that’s not necessarily accepted …”
Bolton – “But listen to this, the ferry was said to be on 286* prior to photo 1. At that point there was no risk of collision at all & this is where ‘Yaw’ comes into it. Just because he’s taken a picture at Photo 1, it doesn’t mean to say he’s going to stay on that course, because if you take ‘Yaw’ into it, he can swing back the other way. He’s turned up at the point of the taking of Photo 1 but he can equally turn back the same number of degrees – he went up to 292*, he could’ve gone back down to 286* in the ‘Yaw’
Judge Davis – “If I understand correctly what ‘Yaw’ is, it’s not a deliberate turning maneuver by the skipper, it’s more akin to natural drift, if you like, that a vessel may encounter as a consequence of wind or tide & those sort of things, so what you’re saying to me effectively, is that you’re relying on his natural drift to swing him out of the line that he is presently maintaining as his course & speed to get out of a potential close quarter situation” (definition – “to deviate temporarily from a straight course.” Yaw is not natural drift which is in 1 direction. Yaw can be caused by unsteady steering but returning to a certain course. There was no current & the slight Easterly breeze could’ve taken the ferry away from Classique, not toward)
Bolton – “I think that is the very point of the exercise & it’s taking ‘Yaw’ into account because if he has swung that way, he’s also swinging the other way to keep on average his 286*. ‘Yaw’ has to be averaging out a bit either side. It’s in the taking of Photo 1 that he could’ve swung up without realising it but I saw him before Photo 1 when he was on a safe course, so coming up from 286* & taking a photo is one thing but it’s not indicating to me that he’s going to continue on that course & if he was, for how much longer before he does make a very definite turn (to port around Browns Island)
Judge Davis – “but isn’t that inheritantly the flaw in your arguments, Mr Bolton? You’re assuming that he’s going to do certain things, when the rules unequivocally say you should not do that. The onus is on you to get out of the way far sooner than the point of close quarter situation”
Bolton – “I think it’s the part of a mariner’s duty to assess all circumstances. At the point of Photo 1 & prior to, there was no risk of collision, even if he had come up a bit – because of the normal expectations of a ferry on a Regular Run”
Judge Davis – “All right. Well I understand it to be your point of view that there’s no risk of collision in Photo 1 & I’ll decide whether that’s the case or not. what about Photo 2, is that a close quarters situation ?”
Bolton – “At that point it’s looking that way but because of the failure of the ferry to keep its original course …”
Judge Davis – “Well if it’s a close quarters situation, isn’t the onus on you then to have gotten out of the way ?”
Bolton – “By going forward, in my case because if he hadn’t turned then, he was going to eventually”
Judge Davis – “He might have turned right to go round the other side of Rangitoto or to starboard or whatever it’s called”
Bolton – “Well, he’s not entitled to because if he’s meant to be standing on & keeping his course & speed, he shouldn’t be changing from 286* …”
Judge Davis – “Which to be fair to Mr Pigneyguy, that’s what he said. Can I get you to look at Photo 3 ?” (M Pigneyguy has maintained in his article in Professional Skipper Magazine, his incident report, brief of evidence & evidence in Court that he stayed on 286* contrary to what Barry Young has determined & what M Pigneyguy’s own Photos 1,2 & 3 reveal)
Photo 3 is next to be discussed with Judge Davis …

A navigator can work out a course to steer to off set a tidal flow
which would otherwise take his vessel sideways to a calculatable extent.

The ferry’s 286* course would be towards the cliff under the arrow where Classique was in Photo 1. Classique’s fore stay is covering the Sentinal building where the ferry was heading in Photo 1. The ferry has turned starboard from the left red line to the right red line now on the slope of Rangitoto

Yaw is a temporary deviation from a steady course – it always goes back to an intended course

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