News Home Video Gallery Newsletters Photo Gallery Cruising Int

 

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

10:54 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 ...

Cruising USA

The Marion to Bermuda Cruising Yacht Race have announced the opening of registration for its 20th anniversary, which will commence on June 19, 2015. Supported by the Beverly YC of Marion, Mass., the Royal Hamilton Amateur Dinghy Club of Paget, Bermuda, and the Blue Water SC of Boston, Mass., the race is open to seaworthy yachts appropriate for an offshore ocean race as defined in the USSER. ... [more]  

Just the thought of falling overboard scares most sailors into a 'stay-aboard-at-all-costs' mindset. And yet this most serious of sailing emergencies does happen now and then. Recovery will be tough no matter what the marine weather conditions. ... [more]  

If a car or truck's vanity license plate can tell you a lot about the person behind the wheel, what can a boat name tell you about the person behind the helm? ... [more]  

The Cauden Basin in Port Louis has come alive with rally atmosphere over the last week. Transformed to a vibrant marina with yachts dressed overall, boat parties and welcoming new arrivals has made for a great spectacle and an exciting place to be. ... [more]  

Boyan Slat is a 20-year-old on a mission - to rid the planet's oceans of floating plastic. He has dedicated his teenage years to finding a way of collecting it. But can the system really work - and is there any point when so much new plastic waste is still flowing into the sea every day? ... [more]  

Tell me what self-respecting Galley Guy could possibly (while on the beautiful island of Barbados) turn down an opportunity to tour the famous Mount Gay Rum Distillery? For sure, not this Galley Guy! Sadly, the other Galley Guys did not get the call. ... [more]  

Nv charts announces the release of their newly updated chart set for Region 9.1, Bahamas Northwest, including Bimini and Berry Islands, Nassau to Abaco, and Grand Bahama, for 2015-2016 in paper and digital format. ... [more]  

We are northwest of the southern peninsula of Haiti lying within radar range south of Guantanamo Bay, Cuba and drifting in the current in the direction of Port-au-Prince at less than a knot. ... [more]  

The 60ft Makayabella was stormed by elite members of the Irish Navy some 200 nautical miles off Mizen Head - Ireland's most southerly point - in the early hours of Tuesday, September 23rd. Five men, including the three onboard the yacht and another two in England, have been arrested and police are hunting for a sixth man in connection with the seizure. ... [more]  

A pearl among Gulf Islands parks, this sandy haven is ideal for hiking, beachcombing, birding, fishing…or just hanging. Sidney Spit is a park of superlatives. With the best sandy shores, the best sunsets, the best crabbing and some of the best hiking in the Gulf Islands, it’s no wonder it’s a hit with just about all who visit – for a few hours, a day or a week. ... [more]  

Vast, magnificent and remote, Prince William Sound offers the ultimate adventure for cruisers on North America’s West Coast. Few cruising boats visit beautiful and remote Prince William Sound. Some 2,800 square miles in area and situated at the very northern tip of the Gulf of Alaska, this inland sea has a coastline equal to that of Oregon and California combined. ... [more]  

Cast off on a cruise on someone else's boat and you'll want to remember to pack those basic essentials that form the foundation of your personal 'sailing ditty bag'. Each sailor will have their own ideas of the best gear to bring aboard. But here are some pieces of gear I've found to come in handy time and again, day after day. ... [more]  

This was our eleventh Malacca Straits passage, and it turned out to be just like some of the others - a pain in the neck. Keeping in mind that the boat hadn't been actively used for fifteen months, we started cautiously with a 40 mile passage from Singapore to Pulau Pisang. ... [more]  

The Marion Bermuda Race and Harraseeket Yacht Club are thrilled to announce a cruising yacht rally from Maine to Marion in advance of the 2015 Marion to Bermuda race. Called the M2M2B, the rally will be an enjoyable and convenient way for Maine-based yacht skippers to sail from Maine to Marion, MA as they stage their boats for the 2015 Marion-Bermuda race. ... [more]  

The Australian Institute of Marine Science (AIMS) revealed in a peer-reviewed journal, PLoS One on October 9th that inshore reefs are particularly vulnerable to Ocean Acidification (OA)* on the Great Barrier Reef (GBR). 'We found that inshore reefs were particularly vulnerable to ocean acidification (OA) during the wet season. ... [more]  

Estimating the diversity of life by Australian Institute of Marine Science
How many species are on Earth? Answering this simple question is not easy, but essential if we are to understand impacts of global change and manage environmental resources successfully. Without baseline knowledge of how many we have or what we have in different places, how do we know what we have lost, or might lose and how do we manage these natural resources to minimise extinctions? ... [more]  

NOAA, with assistance from the U.S. Coast Guard, will manage the historic wreck of Diamond Shoal Lightship No. 71, the only American lightship to be sunk by enemy action during World War I. The two agencies signed a formal agreement between NOAA’s Office of National Marine Sanctuaries and the Coast Guard’s Historian's Office last month. ... [more]  

A British couple was rescued off Spain's Almeria coast after their 21.6m yacht caught fire. The Coastguard and the 112 Emergency Coordination Service received several reports of a flare going up 12 nautical miles east of Carboneras at 11:30pm on Saturday. ... [more]  

We sail with just two crew most times, so it was amazing to visit a vessel with a ship's crew of 3000, plus another 3000 'passengers' being the various air wing teams deployed aboard. That's 6000 people on a ship that is 1000' long, and displaces 192,900 tons. ... [more]  

Nature’s Own founder Vaughan Bullivant had previously hoped to get around $65 million for the Daydream Island resort he paid $25 million for in 2000. But with his health deteriorating and the island failing to sell in two years, agents have convinced Mr Bullivant to lower his expectations — and the price — to about $30 million. ... [more]  

After sailing approximately 2350 nautical miles, the first of the World ARC fleet has arrived in Port Louis, Mauritius. Nexus, the 17.90 meter Semi Custom Catamaran skippered by Russell Owen, arrived today in the late afternoon. Completing the passage in 13 days, a warm welcome ashore greeted them with offerings of fruit and rum! ... [more]  

A new research project being run by the Royal National Lifeboat Institution (RNLI) with the support of the Maritime and Coastguard Agency (MCA) and the Royal Yachting Association (RYA) is exploring attitudes towards risk and safety, and the various ways yacht sailors participate in their sport. ... [more]  

Will your lifelines pass this sailing test? by Captain John Jamieson, Florida
Most production sailboats have lifelines these days, but just how safe are they. Would they keep your sailing crew or partner, spouse or family members safe in all sailing weather-fair or foul? Put your lifelines to the test today with these five easy sailing tips. ... [more]  

After her gruelling and eventful maiden voyage of over 8000 miles, Aventura was left in the care of the New England Boatworks in Portsmouth, R.I., to give her a thorough service before being exhibited at the Annapolis boat show. With everything done on time, my crew joined me last Saturday ready for the passage to Annapolis. ... [more]  

Super Typhoon Vongfong reached sustained winds of 155 mph (250 km/h) this morning (Oct. 7), with gusts of up to 190 mph (306 km/h), according to the U.S Navy's Joint Typhoon Warning Center in Pearl Harbor, Hawaii. ... [more]  

The Commander in charge of the warship that helped rescue a stricken sailor says she is proud of her company. Conditions during the drama, which began with a May Day distress call on Monday afternoon, were intense, with heavy rain, wind, little light and an incoming electrical storm. ... [more]  

Earth Wind Map - with typhoons by Sail-World Cruising
The Earth Wind Map is an amazing project to visualize global weather conditions carried out by Tokyo based software engineer Cameron Beccario, resulting in a beautifully mesmerising depiction of the earth's winds. Weather data is produced by the Global Forecast System (GFS), operated by the US National Weather Service. Forecasts are produced four times daily and made available for download from NO ... [more]  

For the first time, scientists have used an unmanned aerial vehicle to study killer whales from above. The device they're using is a remote-controlled hexacopter with a high-resolution camera mounted in its belly, and the photos it produces are beautiful and full of detail. The images offer an entirely new view of this species. ... [more]  

Having taken Operation Command of the EU Naval Force at the end of August, a priority for Major General Martin Smith MBE was to visit the Horn of Africa and the east African region to strengthen ties with the EU’s partners and highlight EU Naval Force’s commitment in the fight against Somali piracy. ... [more]  

Since leaving the paradise of the Cocos (Keeling) Islands exactly one week ago, the World ARC fleet have made good progress towards their next destination of Port Louis, located on the western coast of Mauritius. Awaiting the fleet is a beautiful island with its blend of diverse cultures and religions including Hindus, Creole, Chinese, Muslims and Europeans. ... [more]  

Woods Hole Oceanographic Institution (WHOI) researchers are part of a collaborative effort to understand and monitor changes in marine biodiversity within U.S. coastal waters. Marine biodiversity is a key indicator of ocean health and critical to sustaining natural resources such as fisheries. ... [more]  

In preparation for his forthcoming circumnavigation with the Blue Planet Odyssey round the world rally, Jimmy Cornell completed this summer a grueling test of his new 45 foot Aventura, an Exploration 45 aluminum centreboard yacht built by Garcia Yachting in France. ... [more]  

Join Andy Schell and Mia Karlsson, event managers at our World Cruising Club USA base, for the 45th edition of the Annapolis Sailboat Show. For the first time, WCC USA will be featuring a boat in the show (in lieu of a booth this year), to demonstrate what it takes to make a classic cruiser into a proven bluewater voyager. ... [more]  

Canadian shipwreck discovery solves 170-year-old mystery
British couple help stranded Syrian refugees to safety
Blue Planet Odyssey yacht completes Northwest Passage transit
World ARC fleet embarks on leg 11, across the Indian Ocean
Pantaenius and Camper & Nicholsons Marinas become strategic partners
How to make a distance scale for faster navigation
New maps of the polar regions reveal unseen world beneath the ice
Naval Commanders talk on-going piracy threat at sea
Erie, Pennsylvania - Small place, big boating
EU Naval Force frigate, ESPS Navarra aids yacht in the Gulf of Aden
Insurance, towing and safety 'provisions' reminder for snowbirds
A guide to steering without a rudder + Video - a must read and watch!!
You scratched my seagrass!
Cocos Keeling Islands - Yet another paradise for the World ARC fleet
Hurricane Odile: Two Brits missing in Mexico after yacht overturns
Sailor texts girlfriend for help after yacht sinks in Bristol Channel
Gas safety: don’t let it go off the boil
Arctic sea ice summer minimum 2014: A scientific perspective
British Virgin Islands, a taste of Caribbean cruising
The Galley Guys take on the Vancouver International Boat Show
Are you ready to enter that marina?   
Cruising the Bay of Quinte and Thousand Islands   
Ten safe and clean refueling tips for boaters   
World ARC fleet moored at Christmas Island   
Blue Planet Odyssey welcomed to Bora Bora   
Remember to properly dispose of obsolete distress beacons   
Blue Planet Odyssey - Aventura makes landfall in the US   
World ARC fleet bids farewell to Bali   
Antarctic Team discovers mechanism for massive ice shelf collapse   
Baltic 4 Nations - Next edition sets sail July 2015   
BoatUS offers 'Boater's Guide To Winterizing'   
Yachts prepare for second Atlantic Odyssey, departing this November   
Thai drama with Phuket yacht clampdown   
Sailing Rallies launch two new events at PSP Southampton Boat Show   
World ARC crews in Bali   
Could your sailing navigation use a tune-up?   
Images of marine sunsets by Tripadvisor   
Citizen science model proposed to fill fundamental ocean data gap   
Ocean Cruising Club celebrates 60th Anniversary with record gatherings   
The Boat Cookbook   


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  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL WAS Cru USA
LocalAds   DE  ES  FR  IT