MASTER PROSECUTED FOR OFFENCE IN CHANNEL SHIPPING LANE Defendant: Captain KRYLOV Date of Offence: 15th October 2005 Offence: Contravention of Dover Strait Traffic Separation Scheme, Rule 10(c) of the International Regulations for Preventing Collisions at Sea Details: On the afternoon of the 15th October 2005, Captain KRYLOV, the Master of the Bahamian registered cargo vessel 'Belgian Reefer' was proceeding up the North East lane of the Dover Straits Traffic Separation Scheme (the Dover TSS) on passage from Ceuta in North Africa to Sheerness in Kent. The rules for crossing the Dover TSS are governed by the International Regulations for Preventing Collisions at Sea (COLREG) which require vessels to cross the traffic lanes at right angles, approximately being 315 degrees. The Belgian Reefer attempted to cross the Dover TSS at approximately 356 degrees, which was not at right angle. Dover Coastguard made contact with the Belgian Reefer to advise her that she was in contravention of Rule 10(c) of the COLREG and that the vessel was standing in danger. The Belgian Reefer altered course to starboard to avoid a collision. Penalty: Fined £2,500 and £2,500 costs by Dover Magistrates, 14th November 2005. _____________________________________________________________________________________ FRASERBURGH COMPANY PROSECUTED FOR DUMPING GARBAGE IN THE NORTH SEA Defendant: Lynden Partnership Date of Offence: 7th September 2004 Offence: Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998. dumping garbage including sleeping bags, polystyrene and plastic bags into the sea Details: At a hearing in Peterhead Sheriff Court today Wednesday 9th November 2005 the owners, (a company called Lynden Partnership based in Fraserburgh) of the Fishing Vessel LYNDEN II pleaded guilty for contravening the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998. On the 7th September 2004 a crew member from the fishing vessel LYNDEN II was observed by the north sea supple vessel GRAMPIAN EXPLORER dumping garbage including sleeping bags, polystyrene and plastic bags into the sea near the oil production platform Ocean Princess. On summing up Sheriff Garden said, The maximum penalty was £25,000 which indicated the seriousness of the offence. He noted that this was a first offence and that the dumping had been done by a rogue member of the crew. Penalty: £2,000 _____________________________________________________________________________________ BROSTROM TANKERS AB OWNERS FINED FOR POLLUTION Defendant: Brostrom Tankers AB, Owners of the BRO TRAVELLER Date of Offence: 17th March 2004 Offence: Breaches of the UK Maritime Pollution Legislation. Details: The Maritime and Coastguard Agency (MCA) successfully prosecuted Brostrom Tankers AB, Owners of the 'BRO TRAVELLER' in Kingston Upon Hull Magistrates Court on Friday 9th September 2005 for breaches of the UK Maritime Pollution Legislation.
Brostrom Tankers AB, were fined after an incident in the Firth of Forth on March 17th 2004. Whilst undertaking a routine internal transfer of bunkers it was noticed by the bridge that oil was coming on deck. A quantity of oil was spilled down the ship's side into the water. The crew commenced clean up operations. It was discovered that this spill had happened due to a breakdown procedure following maintenance to a transfer pump. District Judge Mr. F. Rutherford said "This incident was caused by error and negligence ... ." Penalty: £20,000 and £11,344 Costs _____________________________________________________________________________________ OWNERS OF 'BORDEN' PLEAD GUILTY TO A POLLUTION BREACH Defendant: Rederi AB Engship, owners of the Borden Date of Offence: 14th / 15th September 2004 Offence: Breach of the UK Maritime Pollution Legislation. Details: The Maritime and Coastguard Agency successfully prosecuted Rederi AB Engship, owners of the 'Borden' in South Tyneside Magistrates Court Tuesday 30th 2005 for a breach of the UK Maritime Pollution Legislation. Rederi AB Engship pleaded guilty and were fined and ordered to pay the MCA's full costs after an incident off the entrance to the River Tyne. On that night the 'Borden' was approaching the River Tyne. A crewman was sent down to meet the Pilot when he realised black oil overflowing on to the deck. This was reported and the engine room informed. It transpired a fuel transfer was in progress and this was stopped immediately, but by then the black oil had trickled down the side of the ship and a small quantity entered the water. The ship reported the spill to Port of Tyne Authohrities who informed the MCA. In sentencing the chairman of the magistrates said: "This act although not intentional, did have an element of negligence and the resulting pollution could have an effect on the environment"
Penalty: £5,000 and £4379.70 Costs _____________________________________________________________________________________ MASTER PAYS PENALTY FOR WRONG CROSSING Defendant: Genadijs Ulickins, Captain Date of Offence: 15th July 2005 Offence: International Regulations for Prevention of Colision at Sea (Colregs) Rule 10(c) Details: On Friday 15th July 2005 the Bahamian registered cargo vessel "Cyprus Cement" was heading North East (NE) up the (French side of the) Dover Straits en route to New Holland on the River Humber. At about 1000utc the "Cyprus Cement" began to cross the South West lane over to the English side of the Dover Straits. However instead of turning on to the recommended course of 315°T, the vessel altered on to a northerly course. There was no traffic in the vicinity that could explain this course. This course did not comply with the requirements of rule 10 of the International Regulations for the Prevention of Collisions at Sea 1974, as amended (Colregs). At about 1010utc the Channel Navigation Information Service (CNIS) at Dover became aware of the "Cyprus Cement". Despite being advised that his course did not comply with the Colregs, the Master of the "Cyprus Cement" did not alter to the recommended course of 315°T. The "Cyprus Cement" crossed ahead and passed within 0.6 miles of a ship shortly before it cleared the SW lane. The "Cyprus Cement" was met at New Holland on its arrival by the MCA on the 18th July 2005. Captain Ulickins was interviewed under caution on the following day. Ulickins stated that he had started to cross the SW lane on 315°T. However he had altered to the more northerly course soon afterwards. Ulickins said he could see there was no traffic around and, for that reason, felt it was okay to steer the course that he did. Ulickins felt he had caused no problems to other shipping so his course was acceptable. Ulickins was a regular user of the Dover Straits on previous vessels and knew about the requirements of Rule 10. The Magistrate said: “These regulations are predominantly to prevent collisions while crossing the lanes. The fact that you were an experienced master and have no valid reason to take this course means that we view this matter very seriously.” Mr Mike Toogood, CNIS Manager at Dover stated, “There was no excuse for Captain Ulickins to steer the course he did. The MCA believes that strict compliance with Rule 10 of the Colregs has improved safety within the Dover Strait. The MCA will continue to bring significant breeches of Rule 10 of the Colregs to the attention of the courts. Penalty: Fined £500 and ordered to pay costs of £500 _____________________________________________________________________________________ LEISURE BOAT SKIPPER JAILED AFTER COLLISION Defendant: Keiron French, Skipper Date of Offence: 13th August 2004 Offence: Section 58 of the Merchant Shipping Act 1995 (Conduct endangering ships, structures or individuals) Details: The skipper of a RHIB was sentenced following a collision with a buoy in Southampton water when returning from Cowes Firework Night in 2004 At about 1930 hrs on Friday 13th August 2004 'Keiron French' and a group of friends, left Ocean Village, Southampton, in a Rigid Hulled Inflatable Boat (RHIB) to travel to Cowes, Isle of Wight, to watch the annual firework display that concludes Cowes Week. As soon as the display was over 'French' took control of the RHIB and headed straight back to Southampton. However just north of the British Petroleum Jetty the RHIB struck the unlit buoy known as the After Barn Mooring. This is situated outside of the main channel on the East side of Southampton Water, at the time of the collision the RHIB was travelling at about 33 knots. Of the six people onboard the RHIB, five were seriously injured. One of the casualties subsequently lost the sight in one eye. In passing sentence His Honour Judge Burford, QC, said that the incident happended at night, at excessive speed outside the main channel and led to the injuries of five of the party. This incident was so serious that a custodial sentence was required. Judge Burford then sentenced 'French' to four months in jail. The hearing followed an investigation in which the Southampton Marine Unit of the Hampshire Police were assisted by the MCA (Maritime and Coastguard Agency), the MCA will continue to work with the Police to ensure compliance for safe navigational legislation. PC Mike Hannam from the Southampton Police Marine Unit said "This sentence reflects the serious nature of this incident and though fortunately no one was killed it could have easily resulted in fatalities. We are backing the action the Harbour Masters are taking in Southampton and Portsmouth, as a direct result of incidents such as this to impose a 15 knot speed limit during and immediately after this years Cowes firework event." Penalty: Four months jail sentence _____________________________________________________________________________________ MASTER OF CARGO SHIP PROSECUTED FOR BEING 4 TIMES OVER THE LEGAL ALCOHOL LEVEL Defendant: DUSHYN Captain Date of Offence: 5th July 2005 Offence: Railways and Transport Safety Act 2003, of having excess alcohol in his breath Details: At a hearing today July 7th 2005 in Southampton Magistrates court the Ukranian Master of the UK registered general cargo ship HOO TERN pleaded guilty to a charge under the Railways and Transport Safety Act 2003, of having excess alcohol in his breath. On 5th July 2005 the HOO TERN was lying at Dibles wharf in Southampton. The vessel was due to sail for Falmouth at approximately 1600. Half an hour before this time surveyors from the Maritime and Coastguard Agency attended on board the vessel. They had concerns regarding the Masters sobriety so contacted the local Marine Police and requested that they attend the vessel and breathalyse the Master. Captain DUSHYN was tested on board at 1555, this proved positive so he was then taken to the central police station where an intoximeter test was undertaken which indicated 136 microgrammes of alcohol in 100 millilitres of breath. The legal limit is similar to the road traffic regulations, which is 35 microgrammes of alcohol in 100 millilitres of breath. Captain DUSHYN, 49, was held in the cells overnight and made an initial appearance in court on 6th July 2005. At that hearing the case was adjourned until this morning. Captain DUSHYN was unable to give an address in the UK so bail was not granted. The District Judge felt that due to the seriousness of this offence, her sentencing powers were insufficient, the matter has therefore been sent to the Crown Court for sentencing where the penalties are an unlimited fine and / or a maximum of two years imprisonment. The hearing has been set for 4th August 2005. Bail was refused. Penalty: Four Months custodial sentence. _____________________________________________________________________________________ OPERATING WITHOUT PROPER CERTIFICATION FOR 76 DAYS Defendant: Mr Charles NEWENS, Owner Date of Offence: 11th June 2003 Offence: Merchant Shipping (Survey and Certification) Regulations 1995 and Merchant Shipping (Domestic Passenger Ships (Safety Management Code) Regulations 200. Operating without the necessary certification for 76 consecutive days.
Details: On the 21st April 2005 the owner of Thames passenger vessel ‘Interceptor’ was found guilty of operating without the necessary certification for 76 consecutive days. The owner Mr Charles NEWENS, was found guilty of twenty four (24) charges brought under the Merchant Shipping (Survey and Certification) Regulations 1995 and Merchant Shipping (Domestic Passenger Ships (Safety Management Code) Regulations 2001. On the 11th June 2003 the certification allowing the Interceptor to operate as a passenger vessel expired. On the 25th September 2003 the MCA issued a Prohibition Notice preventing the vessel from carrying passengers and during this period it sailed on 12 separate occasions carrying a total of 235 passengers. The vessel was consequently inspected on September 29th 2003 and several defects were found. His Honour Judge Fabyan Evans fined Mr NEWENS a total of £8,000 and stated that “These offences demand that they mark in some way the importance of compliance with regulations”. Penalty: £4,800 and £4,000 Costs _____________________________________________________________________________________ SKIPPER PLEADS GUILTY TO CAUSING INJURY TO PASSENGER Defendant: Allan Davie Date of Offence: 24th August 2003 Offence: Section 58 of the Merchant Shipping Act 1995 which deals with conduct endangering ships, structures or individuals. Details: At a hearing today in Dumbarton the skipper of a speedboat used as a water taxi was sentenced after entering a plea of guilty at earlier hearing. This followed an incident on Loch Lomond involving the speedboat PLASTIC DREAMS which collided with another speedboat causing serious injury to a passenger.On 24th August 2003, three families travelled to Loch Lomond side at Luss for a picnic. They observed two speed boats which they learned were for hire. The three families which included five children split up between the two boats, with most of the children boarding the PLASTIC DREAMS. The main purpose of the trip was to travel round the islands, but the skippers agreed to make the trip more exciting by making a big splash with the propellers of the lead boat BLUE MONDAY which would wet the children in the following boat. The lead boat stopped about 200 yards from the shore and tilted the outboard motor until the propeller was close to the surface and created a big splash. The following boat PLASTIC DREAMS missed his approach and crashed through the water spray mounting the lead boat BLUE MONDAY at the stern and rolling along the length of the boat before falling back into the water. A witness stated “It was like a scene from jaws as the boat appeared over the back and landed on top of us”. On the BLUE MONDAY, one woman passenger suffered serious head injuries and the skipper suffered slight back injuries. Penalty: Allan Davie received a £750 fine _____________________________________________________________________________________ MULHEIN OWNERS PROSECUTED Defendant: Rhein Maas Shipping, RMS Owners of 'RMS MULHEIM' and 'RMS RATINGEN Date of Offence: 24th and 25th March 2003 Offence: Rule 5 of the Collision Regulations and two breaches of the International Safety Management (ISM) Code Details: At a hearing today, January 6th 2005 in Camborne, the Owner of two coasters was successfully prosecuted following two seperate incidents in two days. Rhein Maas Shipping (RMS), owners of the 'RMS MULHEIM' and 'RMS RATINGEN' pleaded guilty to two breaches of Rule 5 of the Collision Regulations and two breaches of the International Safety Management (ISM) Code The first incident occured when the RMS Mulhein Chief Officer was alone on the bridge on the night of March 24th 2003 when he became unconscious. This incapacity went undiscovered until the vessel ran aground in Sennen Cove, Cornwall.
The following day the RMS Ratingen was approaching Shoreham to pick up a Pilot prior to berthing for discharge. The Pilot spoke with the ship about an hour before arrival. As the Pilot went out to the anchorage he noted that the RMS Ratingen was not responding to radio calls and was steadily moving through the anchorage at slow speed. When the Pilot boarded the vessel, by virtue of climbing over the gunwale, he found the Master fast asleep in the pilot chair. The Master was woken up and pilotage continues without further incidents. Penalty: £20,000 plus full costs of £22.227,06. _____________________________________________________________________________________ FAST FERRIES OPERATE WITHOUT CERTIFICATION FOR TWO WEEKS Defendant: Sea Containers Ltd, Owners Date of Offence: 29th August to 8th september 2003 Offence: Merchant Shipping (High-Speed Craft) Regulations 1996, the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and the Merchant Shippinh (ISM Code) (Ro-Ro Passenger Ferris) Regulations 1997 Details: At a hearing in Folkstone Tuesday 18th January 2005, the owners of two fast ferries were prosecuted as a result of them operating for two weeks without any certification. Sea Containers Ltd, owners of the RAPIDE and DIAMANT pleaded guilty to a total of sixteen charges brought under the Merchant Shipping (High-Speed Craft) Regulations 1996, the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and the Merchant Shippinh (ISM Code) (Ro-Ro Passenger Ferris) Regulations 1997. The RAPIDE and DIAMANT sailed from UK ports on about 130 occasions when they did not have any valid certification. Folkstone Magistrate fined Sea Containers Ltd a total of £14,985 These charges covered a period from August 25th to September 8th 2003 when both vessels sailed from UK ports on about 130 occasions when they did not have any valid certification. This came about when Sea Containers changed the flag of the fast ferries and were removed from the Luxembourg register and all ships certification became invalid. Penalty: £7,000 and £6,985 costs _____________________________________________________________________________________ BRITISH SHIP MANAGERS PROSECUTED FOR CAUSING POLLUTION IN DANISH NATIONAL WATERS Defendant: Norbulk Shipping UK Ltd, the company Date of Offence: 22 June 2003 Offence: Pollution Details: On June 22nd 2003, a United Kingdom Registered Motor Vessel 'FINREEL' was traveling from the UK to Finland when a Danish military aircraft noted a discharge of oil coming from the ship as it was passing through Danish National Waters. the ship was sudjected to Port State Control inspection when she arrived in Helsinki where inspectors opened up the oily water seperator and found oily deposits in a section of the outboard discharge pipe. The company, Norbulk Shipping UK Ltd, pleaded guilty to offence in Denmark in February 2005 Penalty: 50,000 Danish Kroner (£5,000) and agreed tp pay clean up costs of 150,000 Danish Kroner (£15,000). _____________________________________________________________________________________ FISHING SKIPPER GUILTY OF BEING DRUNK Defendant: Mr Anthony J. Hoare , Skipper Date of Offence: Offence: Railways and Transport Safety Act 2003, of having excess alcohol in his breath Details: On the 28th February 2005 the Skipper of the Fishing Vessel 'NICHOLAS' was convicted at Portsmouth Magistrate Court after he pleaded guilty to being the skipper whilst over the prescribed limit with regards alcohol in his breath. Mr Anthony J. Hoare Penalty: £350 plus Crown Prosecution Services costs _____________________________________________________________________________________ SKIPPER PROSECUTED FOLLOWING COLLISION ON THAMES NARROWLY MISSING A CHILD Defendant: Brian Gould, Skipper Date of Offence: 13th July 2003 Offence: Section 58, of the Merchant Shipping Act 1995 Details: At a hearing today at Horseferry Road Magistrate Court, London, the skipper of a passenger carrying DUKW was successfully prosecuted following a collision on the River Thames last year.
The Skipper, Brian Gould pleaded guilty to one charge brought under Section 58, of the Merchant Shipping Act 1995 brought by the Maritime and Coastguard Agency. This section deals with conduct endangering ships, structures or individuals. The amphibious vehicle TITANIA, was between Westminster and Lambeth Bridges and was returning to its drop off point. Another amphibious vehicle, called the DESDEMONA which was skippered by Brian Gould, was travelling in the opposite direction. Gould decided not to take her under Westminster Bridge as normal. He crossed over to the parliament side of the river and proceeded to catch up with the TITANIA. Gould then brought the DESDEMONA alongside the TITANIA and was running parallel to her, about one meter apart. The TITANIA was on the inside of the DESDEMONA about one boat’s lengths away from the embankment wall. A high tide, strong wind and close proximity of the embankment wall resulted in a hazardous situation and after a short period, the DESDEMONA temporarily lost control and collided with the TITANIA, narrowing missing a child. One eye witness, an off duty police officer who was escorting a group of children on the TITANIA, reported the incident to the Orpington Marine Office of the Maritime and Coastguard Agency (MCA). Brian Hopkins, Surveyor in charge of Orpington Marine Office MCA said “The skipper of a passenger carrying vessel should at all time keep in mind that they are always responsible for the safety of their passengers and crew. They should never put themselves in a position, especially in a tideway such as the Thames, which may result in risk to others.” Penalty: He was fined £500 and ordered to pay £1000 in costs by April 6th 2005. _____________________________________________________________________________________ MASTER PROSECUTED FOR NOT CROSSING AT RIGHT ANGLES Defendant: Captain Andriy Naumenko in Scotland April 14th 2005 Date of Offence: 12th April 2005 Offence: Rule 10(c) of the International Regulations for Preventing Collisions at Sea 1972 Details: At a hearing today at Aberdeen Sheriff's court, the Master of a general cargo ship pleaded guilty to a Merchant Shipping offence following an incident whilst transiting the Dover Strait Traffic Separation Scheme. Captain Andriy Naumenko, the Ukranian Master of the 10,100 tonne,Maltese registered vessel, SAFMARINE BATA, pleaded guilty to a breach of Rule 10(c) of the International Regulations for Preventing Collisions at Sea 1972. This prosecution follows an investigation by the Maritime and Coastguard Agency into the circumstances surrounding an incident involving the SAFMARINE BATA on the 12th April 2005. Shortly after 1230 whilst in the vicinity of the MPC buoy the SAFMARINE BATA left the Northeast lane and entered the Southwest lane on a northerly course. It is a requirement of the International Regulations, that traffic lanes should be crossed at right angles,and the appropriate crossing course in this location is 315 degrees. Captain Naumenko was approximately half way across the lane when he realised he was on a collision course with another vessel that was correctly following the Southwest lane. He successfully avoided that vessel and after passing another vessel he resumed his northerly course and exited the lane. The Sheriff, K. McLerman said, "Not everyone who uses these lanes is a reliable person. You appear to be a reliable person but behaving in a way less reliable people behave."And continued,"You are cutting the route and to do that in the Dover Strait is just so irresponsible" Mr Mike Toogood, Manager of the Channel Navigation Information Service (CNIS) based at Dover Coastguard, stated, "This was a serious breach witnessed by several vessels using the scheme. The MCA regards full compliance with Rule 10 of the Collision Regulations as very important and a major factor in maintaining safety in the Dover Strait. The MCA will not hesitate to bring breaches of Rule 10 to the notice of the courts, even when vessels only stay in a UK port for a short period of time." Penalty: He was fined £2,000. |
