sail-world.com
 
 
News Home Photo Gallery Cruising Australia Cruising USA Cruising Canada Boats for Sale Sail-World Racing FishingBoating
Video Gallery Newsletters

 

Sail-World.com : Ferry has its day in court: New Zealand sailboat skipper fined

Ferry has its day in court: New Zealand sailboat skipper fined

'Classique without a ferry in the way'    .

Sail does NOT have right of way over power in all cases, and New Zealand authorities this week showed how seriously they take it.

In the Auckland District Court yesterday (August 29), Melville John Bolton, 73, of Mt Roskill, was convicted and fined $4000 and ordered to pay court costs $1,356, after being convicted on 13 January this year of one charge of 'operating a vessel in a manner causing unnecessary danger or risk' under S65 of the Maritime Transport Act (MTA) 1994.

The conviction followed an Marine New Zealand (MNZ) investigation into an incident on the Hauraki Gulf on 14 March 2009, in which the Waiheke to Auckland ferry Seaway II had to take emergency evasive action to avoid a collision with the yacht Classique, skippered by Mr Bolton.

Despite the master of the Seaway II attempting to warn Mr Bolton with repeated blasts on the ship’s whistle that the Classique would cut dangerously close across his path, the warnings were ignored. Alarmed that a collision was imminent, the master of the Seaway II was forced to slow rapidly and put the vessel into reverse, allowing the yacht to pass close across his bow and down the starboard (right) side of the vessel.

Despite being a vastly experienced skipper, when questioned by MNZ, Mr Bolton admitted he had deliberately ignored the maritime collision prevention rules, which are designed to stop dangerous ‘close quarter’ situations from developing, as he had assumed the ferry would alter its course to port. He argued at the hearing that a customary body of law existed that enabled him to use his own experience and judgment of the situation to assess the risk of collision – despite the existence of the Maritime Rules.

The District Court Judge rejected that argument.

MNZ Manager of Maritime Investigations, Steve van der Splinter, said the incident illustrated the dangers of skippers ignoring internationally recognised safety rules, and automatically assuming that other skippers would take the right course of action when confronted with a potentially dangerous collision situation.

'This would be a bit like turning your car across the path of an oncoming truck and then expecting the truck driver to take the correct action to avoid you. This is clearly reckless and foolish in the extreme, and it’s only down to the quick thinking and skill of the master of the Seaway II that this incident did not result in far more serious consequences.

'No matter how skilled or experienced a skipper you may be, the collision prevention rules are there for a good reason – to prevent these situations from happening in the first place – and no-one is above the rules,' Mr van der Splinter said.

Breaches by individuals of S65 of the MTA on conviction carry penalties of a fine not exceeding $10,000 or a term of imprisonment not exceeding one year.

Mr van der Splinter said the large fine imposed reflected the seriousness of the offending. Maritime New Zealand's Ross Henderson also says the conviction reflects the seriousness of the incident.

Mr Henderson says the conviction took two years after interventions from Mr Bolton's legal team.




by Maritime New Zealand

  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=87912

11:54 PM Tue 30 Aug 2011 GMT






Click here for printer friendly version
Click here to send us feedback or comments about this story.


Related News Stories:

16 Dec 2012  Celebrating 30 years Freedom of the Seas
07 Dec 2012  French sailor fined for sailing wrong way down British separation zone
23 Oct 2012  Anchoring in Florida? Vital 'Tip Sheet' available
21 Oct 2012  New deal coming for superyachts in Australia
15 Oct 2012  Move to licence USA boaters heralds greater safety
13 Oct 2012  Equipment Rules of Sailing for 2013-2016 now available
30 Sep 2012  Flag Etiquette on a sailing boat today
16 Sep 2012  American boaters: are you in hot water with the Tax Man?
08 Sep 2012  Historic new maritime laws passed for Australia
13 Jul 2012  Yacht Club reviews its safety - how does yours measure up?
MORE STORIES ...

Sail-World Cruising News - local and the World











Springtime Greening: Boaters Tips for Earth Day by BoatUS Foundation/Sail-World Cruising,










British rescuers go for their own circumnavigation challenge by Derby Telegraph/Sail-World Cruising,


How sailors really do have a voice in the future of our oceans by Sandra Whitehouse, Sailors for the Sea,


Message-in-a-bottle record - 102 years by AFP/Sail-World Cruising,














Canadian solo sailor rescued north of Auckland by Sail-World Cruising round-up,
























Free online fuel spill course - how much do you know? by BoatUS Foundation/Sail-World Cruising,




Product of the Week: Chafe guards save lines from friction
Government sneaks through the 'Affordable Boat Act'
Japan's Antarctic whaling program harpooned
Yacht of the Week: Kokomo III - and she could be yours
Life-shattering event sends 'rookie' couple sailing the world
Mysteries of the seas, happening right now - missing, sunk, foul play
Sail Norway and Russia this summer - your own boat, or charter
Sunshine4kids' 'Fleet of Hope' sets off again
3,200-year-old boat found in Croatian waters
Product of the Week: the LineGrabber
Mediterranean Mooring - How to moor stern-to to a dock or quay
Canadian storm bomb threat - sailors advised: get off the water!
Carbon monoxide poisoning - is it possible on YOUR boat?
Sailing family condemmed for taking 3-year-old on circumnavigation
New contract-free plan for satellite communicator on your smart phone
Yacht of the Week: The Dashew creation: no sails, but eco-friendly
No laughing! Sailing mistakes I don't want to make
Multihull Solutions Phuket 2014 Regatta - new sponsorship
Destination: From Moscow Sea to the White Sea
Land sailors of India on adventure across the Rann
Jet stream gets fish in hot water   
Still no plans for e-Borders   
A Paint App to (almost) replace your marine store assistant   
Air warms but water slower - be careful, sailors, of hypothermia   
Volunteer Canadian rescue team homeless - any offers?   
Hilary Lister and Nashwa Al Kindi set a new trans-ocean record   
How to anchor and 'never utter a word'   
Non-pyrotechnic flares for my boat - Can I or can't I?   
Health benefits of sailing   
Cruising in the Maldives - some nuts and bolts   
ISAF Guide to Offshore Personal Safety for Racing and Cruising   
Halyard Tension - a video   
Winchrite - for lazy days or extra muscle-power   
Researcher examines 'current leaks' that may change the way you sail   
Paris off to attempt to circumnavigate the world again   
Need a tow from that helicopter? - watch the video and don't laugh   
Certain oil spill products shown to be ineffective and toxic + Video   
The Constrictor: a powerful 'Queen' of sailing knots!   
British leisure craft permitted to use red diesel in Belgian waters   
Boat painting - simple but best tips   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  



















 
Our Advertisers are committed to our sport, please support them!
This site and its contents are © Copyright TetraMedia Pty. Ltd and/or the original author, photographer etc. All Rights Reserved.

Photographs are copyright by law. If you wish to use or buy a photograph you must contact the photographer directly (there is a hyperlink in most cases to their website, or do a Google search.) with your request.

Please do not contact Sail-World.com as we cannot give permission for use of other photographer’s images.

Only if the photographer named on the image is Sail-world.com, Powerboat-world.com, Marinebusiness-world.com or NZBoating-World.com.
Contact us .
Ph: +61 2 8006 1873 or complete our feedback form    Contact us .
   View our Privacy Policy.    [Go Home]     [  Banner Advertising Specification]    [Bot Archive ]

Customised news feeds -Marine Industry companies, Clubs and Associations have their own customised version of our news feed on their website.
Look_here_to_see_examples

X6XL NEW CRU NH