Press Notice No: 297/08
Wednesday, September 10, 2008
Posted 12:44 GMT

At a hearing today in Southampton Magistrates Court, the manager of a coaster was successfully prosecuted following a grounding on the Isle of Swona in the Pentland Firth

NES Ltd of Hafnarfjordur, Iceland pleaded guilty to breaches of the Collision Regulations, the International Safety Management (ISM) Code and Carriage of Cargoes Regulations. Southampton Magistrates fined NES Ltd a total of £10,500 plus £5987 in costs for three offences. Charges against the owners of the vessel, Sunna shipping Ltd, were discontinued as the company no longer exists following the sale of the vessel in 2007.

The prosecution follows an investigation by the Maritime and Coastguard Agency into the circumstances surrounding the incident involving the `Sunna in the early hours of the morning of the 10th January 2007.

The Mate of the vessel was alone on the bridge during the hours of darkness. Unfortunately he fell asleep and at about 04.40 a.m. the Sunna ran aground on the western side of the island of Swona. The vessel was carrying 1900 tonnes of Ferrosilicone. The ship was re-floated as the tide rose the next morning with the help of an Orkney harbour tug and the Longhope Lifeboat and was towed into Lyness. The Sunna received severe damage to its hull with the ship bottoms damaged from stem to the engine room bulkhead.

An investigation by the Maritime and Coastguard Agency (MCA) revealed that although the ship only had a crew of seven, the watchkeeper was alone on the bridge. as the Captain had instructed that the seaman were to be used as day workers and not stand a watch. It also showed that about three months before the incident, during a Port state Control at Moerdijk, Netherlands on the 2nd November 2006, the vessel was warned that a lookout as required by the STCW Code was required during the hours of darkness.


Ferrosilicone is perfectly safe when kept dry however when in contact with moisture it can produce hydrogen, phosphine and arsine gas. For this reason the vessel was required to carry equipment for testing the atmosphere. The equipment for detecting phosphine and arsine were out of date. The phosphine equipment by as much as 4 years. The Sunna had carried Ferrosilicone on a regular basis prior to the grounding.

The Master of the `Sunna had previously been prosecuted at Kirkwall Sheriffs Court on 11th January 2007. He was fined £2500 for not having kept an adequate look out.

Mr Paul Coley, Assistant Director Seafarers & Ships at the MCA, said.

The requirement for a lookout on the bridge of a ship in the hours of darkness is clearly laid down in the Seafarers Training, Certification and Watch-keeping (STCW) Code. The Bulk Cargo (BC) Code required monitoring equipment and records of measurements to be kept. The International Safety Management (ISM) Code requires the owners and managers of vessel to comply with national and international requirements. The ISM Code also requires owners and manager ensure that procedures are in place and that they are being complied with.

This case acts as reminder to owners, managers and operators of all vessels to ensure that the bridge is properly manned at all times especially at night when in congested/pilotage waters.






Posted By: Mark Clark

For further details contact:
The Maritime & Coastguard Agency Press Office
023 8032 9401