Judge Davis asks Bolton whether Photo 3 is showing a close quarters situation

Judge Davis asks Bolton whether in his view, Photo 3 is showing a close quarters situation
Bolton -“Because it’s a zoomed up photo, & it wasn’t how we saw it on that day, that photo is not a true representation of our experience, it’s not on the same scale as the other 2”
Judge Davis – “Yes, but all that is a zoom lens going in & out”
Bolton – “That has the effect of drawing things together & not seeing them as they would have with a normal focal length – it’s not a true representation … it looks like a close quarters in the photo but it wasn’t in reality”
Judge Davis – “Is it a situation where there is a risk of collision?”
Bolton -“At that point, no. The point has passed because of the angle, about 25 degrees, no risk of collision there, he’s already passing me quite okay, no risk at all”
Judge Davis – “Thankyou, I understand your evidence I think. please carry on if there’s more you’d like to say ?”
Bolton – “By putting the photos on my computer screen in a slide show presentation going past as fast as the slides of a film, the ferry can be seen moving up & then I saw the background which didn’t even need a screen to show the ferry has moved up. That explains why the ferry was hanging on to my tail to the extent he did instead of carry on his original course which would’ve taken him 1/4 nmile away from me by that stage – I was at the ready if I had to, but at no stage did I have to touch my throttle because I could always tell he was going to go astern of me. He shouldn’t have been that close if he was the Stand-on vessel as he maintains he was, so he failed to keep his original course & I was having something brought upon me which I would only get out of by increasing my speed – there was no way I was going to turn starboard into his expected path. He was past his point of turning, so he could’ve been turning before he got any closer. He had room to keep on going behind me – he didn’t want to go to Rangitoto, so I had no need to alter my course or speed & I didn’t – all he did was get closer to me than he should have & because it was still a safe passing distance, I had no need to do anything at all. Prudent seamanship is more than simply following the 40 parts of Rule 22 – the judgement of the mariner comes into his assessment, vessels on the water cannot be likened to an automobile at an intersection & on occasion special circumstances may arise requiring added precaution & even a departure from one or more of the Collision Regulations. The Rules do not clearly define what a crossing situation is – it can be & usually is one without risk of collision. They call passing astern of me, a crossing but it’s a crossing where no risk of collision exists. (Rule 22 only applies if there’s risk of Collision – as covered in Parts 22.7 & 22.15) In our case, if the ferry had kept its course & speed we would both have crossed with no risk of collision”
Judge Davis – “Well, that’s I think exactly the point that I’m going to have to decide & what role each of the parties should’ve adopted at that point”
Bolton – “Avoidance is only required, or a Rule only applies when risk of collision exists – if there’s no risk of collision, each shall keep their course & speed & each shall pass clear of the other.”
Court next covers Rule 22.8 – Action to Avoid Collision

Photo 1                                                                          Photo 2
Classique 1           Classique 2

Photo 3 – zoomed, not on same scale as Photos 1 & 2
Classique 3-1

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