M Pigneguy Tries To Defend His Actions At 80 mtrs Off
Bolton asked him why he didn’t think to take action well before what seems to be a very late position of just 80 mtrs away from Classique if he thought a risk of collision existed ?
M Pigneguy had the temerity to answer “There was no reason I should’ve done” This is coming from the fellow who holds himself to be an authority on Maritime Rules & Regulation – he continued “It was not my obligation under the rule of the road to do so. In fact, under the rule of the road in photo 1 I’m obliged to maintain my course & speed. If I had altered anything at that stage I would have been breaking the rule of the road, not you” About all M Pigneguy showed he knew in that response was that he could repeat the phrase “rule of the road” 3 times which must have suitably impressed Judge Davis.
1: There was every reason M Pigneguy should’ve begun his sequence of obligations well before 80 mtrs off.
2: It was his obligation under Rule 22.34.4 to have sounded his signals on a ship’s complying whistle (Appendix 3) immediately he had concerns which would’ve been at photo 1 if not ½ a nmile before that which would’ve been at the range his system was expected to have audibility & frequency for.
3: He could’ve maintained his course & speed in either of 2 ways (a) by steering a straight course or (b) by following the ferry’s usual Regular Run which was to turn to port & head for Auckland after passing Browns Light area – he did neither.
4: To leave any action according to the Rules until 80 mtrs off, is negligently violating not only the letter of the Rules but also their intent to prevent close quarters of any proximity.
M Pigneguy exhibits an abysmal lack of knowledge of rules of the nautical road but as long as Judge Davis is unaware, that’s all that is of concern to M Pigneguy in this case.
5: At photo 1 he was still free according to Rule 22.8 to maneuver as he chose by making any alteration of course large enough to be observable to Classique – not the incremental turning which the Rule states is specifically to be avoided.
6: At photo 2, Classique was ahead of Seaway, releasing M Pigneguy from any obligation he created for himself to be a stand-on vessel – there was at that point, no risk of collision.
To put that into easily grasped perspective, Photo 2 was taken at about 462 mtrs away from Classique.
As Seaway traveled that distance, Classique would’ve covered half that, 231 mtrs & cleared Seaway by over 210 mtrs if Seaway had kept a straight course.
A before & after Diagram of the situation at photo 2 – taken when the vessels were about 462 mtrs apart -1/4 nmile
Seaway travelling twice the speed of Classique covers twice the distance –
Classique would’ve had more than 210 mtrs clear from Seaway, if seaway had kept a straight course