“M Pigneguy failed to sound Seaway’s horn but rather concentrated on his photography when traveling at over twice the speed of Classique dictating the ultimate relationship between the vessels.”
21: This submission is spurious said Judge Wylie “M Pigneguy did sound a horn. He was obliged to do so in terms of the Maritime Rules. Rule 22.34 provided that where vessels are in sight of one an other & there is doubt whether sufficient action has been taken by one of the vessels to avoid a collision, the vessel in doubt must immediately indicate such doubt by sounding at least five short & rapid blasts on its horn … Seaway was the faster vessel at the time but that is irrelevant”
About all that Judge Wylie got right in his reasoning there was to quote Rule 22.34 part 4 correctly but he didn’t make any effort to compare what M Pigneguy did, with what the Rule specified as mandatory for a vessel in the situation he said Seaway was facing. At the time M Pigneguy was meant to be sounding a ship’s complying whistle, he was discussing the sighting of Classique with Phillip Sweetman & preparing to use the approach as tuition in the pedantic education of a recreational boater who is said to be ignorant of Collision Regulations – the most important advice M Pigneguy has given both P Sweetman & his readers of Professional Skippers Magazine is to “have a camera ready to record irrefutable evidence to use in Court proceedings.”
It is more spurious for Judge Wylie to maintain that M Pigneguy’s sounding of his inadequate horn at such a late time at an inappropriate distance of 80 mtrs off, is in any way according to the Maritime Rules.
Although Judge Wylie refers to a vessel in doubt “must IMMEDIATELY indicate such doubt, he doesn’t apply it to Seaway’s improper use of non-complying equipment after Seaway traveled 2 nmiles – taking those 3 photos over the last ½ nmile is no acceptable substitute for proper sound signalling required 1 nmile back, apart from the signal required to indicate stern propulsion if it was applied at all.
It is also wrong of Judge Wylie to say that the superior speed of the ferry is irrelevant – it places on Seaway an obligation to make those mandatory signals earlier & have consideration for a slower vessel’s ability to react – a precaution required by the ordinary practice of seafarers as covered in Rule 22.40.- on Responsibility
Phillip Sweetman, M Pigneguy, MNZ, B Young & Crown Law gave the Court
interpretations of ColRegs to suit a prosecution agenda with the consequential
misguidance of the general Boating community & not in the Public Interest