SHIP OWNER & MANAGEMENT COMPANY PROSECUTED FOR DUMPING GARBAGE IN THE SOLENT
Defendant: Lauritzen Fleet Management, Lauritzen Kosan Date of Offence: 8th September 2003 Offence: Breach of Regulation 14(2)(a) of the Merchant Shipping (Prevention of pollution by garbage) Regulation 1998. Details: On 8th September 2003 the crew of the MV 'Lotta Kosan' were witnessed dumping a large plastic garbage bag and contents overboard whilst at anchor in the Western Solent. The Maritime & Coastguard Agency Enforcement Unit were alerted by Southampton Harbour Office of Associated British Ports (ABP). At a hearing on Monday June 28th 2004 at Southampton Magistrates Court, Lauritzen Fleet Management A/S and Lauritzen Kosan pleaded guilty to breach of Regulation 14(2)(a) of the Merchant Shipping (Prevention of pollution by Garbage) Regulation 1998. The defence stated that the offence was committed by a Cadet and that he had been dismissed from the company for failing to comply with their procedures. Upon sentencing the Magistrate told the court that she accepted the company had a proper procedure for disposal of garbage, but that this was a serious offence and any damage to the environment should be taken seriously Penalty:. The Lauritzen Group were fined a total of £10,000 and ordered to pay £5,258 costs to the MCA. _____________________________________________________________________________________ Grounding of the JACKI MOON
Defendant: Date of Offence: 1st September 2004 Offence: Railways and Transport Act 2003 Details: On September 1st 2004 the mini bulk cargo vessel of about 2,000 gross ton grounded off Dunoon Breakwater. The vessel was boarded by Strathclyde police where the mate on watch at the time of the incident was breathalysed and subsequently arrested and taken to the police station for a blood test and charged. Penalty: The suspect pleaded guilty under the Railways and transport Act 2003 and fined £400. _____________________________________________________________________________________ KLAUS PIETERZIK
Defendant: Captain Klaus Pieterzik Date of Offence: 6th August 2004 Offence: Railways and Transport Act Details: On Friday 6th August 2004 the container ship ANNETTE was under the command of Capain KLAUS PIETERZIK when she came into Grangemouth. She was prevented from departing Grangemouth Dock sea Loch when the Master was arrested by the police at 01:15 on Saturday 8th August for being under the influence. He appeared in court on 25th August.and was charged under the Railway and transport Act to which Mr KLAUS pleaded guilty Penalty: Mr KLAUS was fined £400 and his company are sueing him for £8,000 in costs due to the delay in Grangemouth. _____________________________________________________________________________________ MADREDEUS
Defendant: Captain Lykourgos Tsopelas Date of Offence: 20th June 2004 Offence: Contravention of Rule 10 of the Collision Regulations Act. Details: On 20th June 2004 motor vessel MADREDEUS transited the Dover Straits Traffic Separation Scheme (TSS) for approximately 6 miles against the flow of traffic in the South West Lane.The Master, Captain LYKOURGOS TSOPELAS, was prosecuted for contravening Rule 10 of the Collision Regulations on 2nd July 2004. The MADREDEUS was on passage from Santos in Brazil to Immingham in the UK.At 1900 the vessel was South of the MPC buoy when the Chief Officer radioed Dover Coastguard as part of his routine and the Coastguard advised a normal crossing course of 315 degrees. Between the MPC and Sandettie SW Buoys, the master decided that he would not proceed to the Foxtrot 3 buoy and cross over, but would start to look for a convenient crossing. The Second Officer advised him that he could cross in the present area and proceed inside the SouthFalls bank.There was plenty of opportunity and a large gap in the traffic to do this maneuver.The Master chose not to do this and at approximately 1952 he left the North East Lane and entered the South West lane on a course of 023 degrees.The Master was advised by Dover Coastguard that he was going the wrong way up the lane in contravention of rule 10 of the collision regulations.The Master did not take any immediate action despite the fact that he had several other options available to him such as returning to the North East lane, altering to port and crossing at 90 degrees or turning right round and going in the correct direction. The Master maintained his course and speed and was advised again by Dover Coastguard that his course was a contravention of rule 10.He then maintained his course until approximately 2030 when he crossed the 12 mile limit of the UK territorial waters and altered to course to port.The vessel proceeded for approximately 6 miles against the flow of traffic in the South West Lane.The MADREDEUS did not have any close encounters with other vessels but the action was in direct contravention of rule 10 (b) (i) of the International Regulations for the Prevention of collisions at sea. Penalty: The Master was fined £400 and ordered to pay £1000 costs to the MCA. _____________________________________________________________________________________ SCINTILLA CHARTERS
Defendant: Francois Haussauer, skipper/owner of Scintilla Date of Offence: 7th June 2004 Offence: Five charges arising from two voyages; two for not having the appropriate Certificate of Competence to take charge of the yacht; two for not having Load Line Certification for the yacht, and one for breaching a Prohibition Notice. Details: The charges were brought by the Maritime and Coastguard Agency, following complaints received in relation to the illegitimate charter operation. Mr Francois Haussauer, aged 52, had been commercially operating his home built yacht in the South of France for a niche naturist market. He promoted the charter holiday to the British public via the internet, a Channel 5 film and publicity brochures. He offered `Scintilla’ on a skippered charter basis and took paying passengers to sea without the required certification of a charter vessel. The court heard how Mr Haussauer failed to comply with the regulations even after numerous attempts by the MCA to educate and inform him of the requirements. `Scintilla’ was chartered with intent despite Mr Haussauer’s knowledge that it would violate the safety regulations. Penalty: Fined Total £4500 costs £11,000 _____________________________________________________________________________________ ASPIRE & MARISCOS
Defendant: Phillip McMullan, Owner/skipper of Aspire Date of Offence: 26th May 2004 Offence: Breaching Rule (7)(a) and (d)(i) of the International Regulations for the Prevention of Collision at Sea, for failing to ascertain that risk of collision existed. Details: On 26th May 2004, the owner and skipper of the fishing vessel ASPIRE (B903) pleaded guilty to failing to ascertain that risk of collision existed. On 18th December 2002, The ASPIRE was returning to Portavogie when she was in collision with the clam dredger MARISCOS off Burial Island. The MARISCOS immediately capsized momentarily trapping the two crewmen in the upturned wheelhouse. They both managed to swim free and floated to the surface. One of the crew of the ASPIRE quickly donned a survival suit and lifejacket and jumped into the water. He assisted the two men to the side of the ASPIRE where other crew members brought them safely aboard. Penalty: The Newtonards Magistrate fined Mr Phillip McMullan £500 plus £500 in costs. _____________________________________________________________________________________ FISH FARM Defendant: Pan Fish (Scotland) Date of Offence: 25th May 2004 Offence: Breaching section 2 (1) and section 33 (1)(a) of the Health and Safety of Work Act 1974 and breaching section 100 of the Merchant Shipping Act 1995. Details: On 25th May 2004, fish farm operators Pan Fish (Scotland), formerly known as Lighthouse of Scotland Ltd., pleaded guilty to charges of failing to properly maintain the lifejackets used by the site staff and of overloading the aluminium work boat such that it capsized. They were fined a total of £28,000. On 21stJanuary 2003 an employee of Pan Fish, Mr J Mcleod, was piloting an uncertified 6 metre aluminium boat from a storage barge to the fish cages. It was loaded with 1000kilos of fish feed. As the boat rounded Ard An Torrain Point on the Island of Raasay, it capsized throwing Mr McLeod into the water. His life jacket failed to operate and Mr Mcleod drowned. An investigation was undertaken by the Maritime & Coastguard Agency and the Health & Safety Executive. This investigation revealed that the trigger mechanism on the lifejacket had operated successfully, but the gas cylinder had unscrewed a little and the trigger did not reach and pierce it. Penalty: Pan Fish (Scotland) were fined £8000 _____________________________________________________________________________________ BREACH OF THE FORGERY AND COUNTERFEITING ACT 1984
Defendant: Yacht Owner Date of Offence: 16th January 2004 Offence: Forgery and Counterfeiting Act 1984 Details: On 16th January 2004 the MCA received a fax from the Luxembourg Ministry of Transport requesting verification of a Certificate of Competency (COC) for a British seafarer.The seafarer had applied to the Luxembourg authorities for an endorsement using a UK COC. Concurrently a yacht owner, employer of the seafarer at the time, tried to verify the same COC using the MCA website.The Seafarers Standards section of the MCA was unable to verify the validity of the COC and suspected that it was forged.The MCA Enforcement Unit instigated an investigation with Hampshire Marine Unit Police and the seafarer admitted to forging the COC during an interviewed under caution. Penalty: The Police administered a Formal Caution on 23rd May 2004 for an offence under Forgery and Counterfeiting Act 1984. _____________________________________________________________________________________ BARRATLANTIC LTD
Defendant: Barratlantic Ltd Date of Offence: 19th November 2002 Offence: Failure to declare dangerous goods. Details: On 20th April 2004 Barratlantic Ltd, a haulage company based at Barra, Outer Hebrides pleaded guilty to charges relating to a failure to declare dangerous goods which were being shipped from the Scottish mainland out to the Island of Barra. On the 19th November 2002 Barratlantic presented a curtained sided vehicle for shipment between Oban and Barra. During a routine inspection by officers of the Maritime and Coastguard Agency (MCA), accompanied by Strathclyde Police the vehicle was found to contain 67 undeclared Propane and Butane gas cylinders. The total quantity of undeclared gas was 1068 Kg. The unplacarded vehicle was waiting in the queue to join the late afternoon ferry when the inspectors asked for the curtain to be opened. The gas cylinders were found loosely stowed between general goods and building materials. Penalty: Fined £5,000 _____________________________________________________________________________________ STORMAN ASIA
Defendant: Master of Storman Asia Date of Offence: 6th September 2003 Offence: Rule 10 (b) (i) of the Collision Regulations 1996. Details: On 6th September 2003, the STORMAN ASIA was navigating in the North East bound lane of the Dover Strait Traffic Separation Scheme bound for Middlesborough. After advising H.M. Coastguard of his intention to cross the SW bound lane, the master proceeded to cross the SW bound lane at an acute angle and then continued for 14.5 nautical miles against the general direction of traffic flow.From 19:17 UTC on 6th September when the STORMAN ASIA commenced crossing the SW bound lane she was additionally responsible for 6 close-quarter situations with other ships proceeding in the SW lane.
Penalty: He was fined £14000 and ordered to pay £6042 costs to the MCA. _____________________________________________________________________________________ JOHN RICHARD BOYLETT
At a hearing in Plymouth Crown Court, a seafarer pleaded guilty to four charges of using fake documentation, namely a fake certificate of competency and fake medical certificate. JOHN RICHARD BOYLETT pleaded guilty to four offences under the Forgery and Counterfeiting Act 1981. Plymouth Crown Court fined BOYLETT a total of £1000 plus £1000 in costs. The matter came to light on 15th May 2003 when a request was received by the MCA to verify a UK Certificate of Competency believed to belong to JOHN RICHARD BOYLETT of Meavy in Devon. The certificate enabled the holder to act as Chief Engineer on any sized motor vessel Investigations also showed that BOYLETT was in possession of a UK medical certificate, also known as an ENG1. The Devon and Cornwall Police were informed of the incident and a joint investigation with the Enforcement Unit of the MCA was started. This joint investigation showed that the Certificate of Competency in the possession of BOYLETT was a "clone" of a 2nd Engineers certificate belonging to another entirely innocent seafarer. It was also shown that BOYLETT had not been issued with the medical certificate (ENG1) and that the one in his possession was also a forgery. In passing sentence the judge expressed concern that BOYLETT may have supervised other personnel and acted as an Officer of the watch. He was also concerned that this had been a determined effort by BOYLETT to pass himself off as a qualified person. JOHN RICHARD BOYLETT does not possess any valid UK Certificate of Competency for any position as an Engineer. Captain Roger Towner, Head of Seafarer Training & Certification & Chief Examiner at the MCA said:- "The MCA takes all forms of fraud and forgery extremely seriously. Although in this case the certificate was quite plausible, the forgery was brought to light by the various security checks undertaken by the MCA and other authorities. It highlights the importance of the need to carry out verification by all parties involved in the handling of Seafarers Certification. We would also like to thank Devon and Cornwall Police for investigating this matter and bringing it to the attention Penalty: JOHN RICHARD BOYLETT pleaded guilty to four offences under the Forgery and Counterfeiting Act 1981. Plymouth Crown Court fined BOYLETT a total of £1000 plus £1000 in costs. _____________________________________________________________________________________ ADAM COWELL
Defendant: Adam Cowell Date of Offence: 5th July 2004 Offence: Forgery Offences and sailing in a position for which he was not qualified after he was found to have forged certificates as an Efficient Deck Hand and for Proficiency in Survival Craft and Rescue Craft Details: At a hearing on October 14th 2004 in Channel Magistrates Court, Dover, a seafarer was sentenced for forgery offences ADAM COWELL pleaded guilty to two offences of making false instruments and one offence of obtaining pecuniary gain under the Forgery and Counterfeiting Act 1981. He also pleaded guilty to five specimen charges under section 52 of the Merchant Shipping Act with another nineteen of the same offences being taken into consideration. The matter came to light on 5th July 2004 when the MCA received information that COWELL had forged certification. A surveyor from the Dover Marine Office immediately went to the employers of COWELL to carry out checks. The certificate was checked with the issuer and they proved to be forged. The matter was then handed over to the Port of Dover Police for further investigation. Their investigations showed that COWELL had made the two certificates on his home computer. As a result COWELL was charged with two offences of making the forgeries and one of obtaining pecuniary gain by using the fake documents to gain a position as a deckhand with a ferry company in Dover. He was also charged under section 52 of the Merchant Shipping Act 1995 which makes it an offence for any person to go to sea and act in a position for which he does not hold the appropriate qualifications. COWELL had pleaded guilty to all offences at a previous hearing but the case had been adjourned for sentencing reports. In passing sentence the magistrate said, "The Court stated that they had considered a custodial sentence but in light of his (the defendent's) previous good character and pleading guilty they decided against a custodial sentence but would impose the maximum community service order without any reductions". Captain Roger Towner, Head of Seafarer Training & Certification & Chief Examiner at the MCA. "The MCA takes all forms of fraud and forgery extremely seriously. A deckhand on a ferry may not appear to be an important job but in an emergency scenario they have an essential role to play in the vessels emergency and evacuation plans. It is essential that they receive the correct training and understand their role. It highlights the importance of the need to carry out verification by all parties involved in the handling of Seafarers Certification. "We would like to thank the Port of Dover Police for thoroughly investigating this matter and quickly bringing it to the attention of the Courts." Penalty: Dover Magistrates sentenced COWELL to 240 hours community service with no reduction for mitigating circumstances. _____________________________________________________________________________________ GERHEIN G
Defendant: Gerems Schiffarts Gmbh KG (Gerems), owner of the Gerhein G Date of Offence: 17th April 2003 Offence: A breach of Rule 5 of the Collision Regulations. Details: On 15th December 2004 in Dartford Magistrates' Court the owner and the manager of the vessel GERHEIN G were successfully prosecuted following it's grounding in the River Thames on 17th April 2003. Gerems Schiffarts pleaded guilty to a breach of Rule 5 of the Collision Regulations. Gerdes Bereederungs-und Verwaltungs GmbH (GERDES), manager of the GERHEIN G, pleaded guilty to a breach of the International Safety Management (ISM) Code. On 17th April 2003, the vessel GERHEIN G was approaching the River Thames inward bound to Sheerness, when the master of the vessel was alone on the bridge during the hours of darkness, when he was stung on the ear by an insect, this subsequently meant that during his incapacitation, a proper lookout was not being maintained, therefore resulting in the grounding of the vessel in the vicinity of the Kentish Flats in the River Thames. Penalty: GEREMS and GERDES were fined a total of £3000 and £19,500 in costs. _____________________________________________________________________________________ KRONBORG
Defendant: Branko Juretic, master of the Kronborg Date of Offence: 16th July 2004 Offence: Breach of Rule 10© and Rule 5 of the International Regulations for Preventing Collisions at sea 1972. Details: On 21st December 2004, the master of a container ship the KRONBORG was successfully prosecuted following an incident whilst transiting the Dover Strait Traffic Separation Scheme on 16th July 2004. On 16th July 2004, at 16.35 hours JURETIC was alone on the bridge when he decided deviate from the passage plan. During this alteration the ship's Gyro alarm sounded and JURETIC switched from auto pilot to hand steering, therefore overriding the alarm. JURETIC then carried on, on a northerly course approximately 50 degrees off the recommended right angled crossing course. This put the vessel on a collision course with two other vessels which were following the South West Lane. During his change over to hand steering JURETIC failed to call for a lookout to take over the steering so that he could resume his navigational watch duties and maintain a proper lookout. Penalty: JURETIC was fined £1000, plus £2000 in costs
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