2nd Photo
As the ferry rounded Sth Motuihe the skipper recognised Classique coming out from Browns Island 2 nmiles away & established that Risk of Collision existed because the Relative Bearing to Cqe didn’t appreciably change, therefore with Cqe on its port bow decided that Rule 22.15 applied – “Crossing with Risk of Collision.” Consequently according to Rule 22.17 (1) the ferry would be the Stand-on vessel obliged to keep its course & speed, with Cqe as the Give-way vessel Rule 22.16, directed to take early, substantial action to keep well clear. The ferry continued, its skipper & deckhand observing that the Relative Bearing was virtually unchanging so as they began to gauge how close they were going to pass, a 1st photo was taken followed by a 2nd Photo about 30 seconds later when it appeared to them that Cqe was not taking any avoiding action. “When Cqe was aprox 80 mtrs away five short blasts were sounded on the ferry’s whistle, repeated 2 or 3 more times.” Then he said he slowed the ferry right down allowing Cqe to pass ahead estimating the clearance to be close. His written evidence was that the 1st photo was taken at 1st horn blast & the 2nd photo at 2nd blast. The ferry skipper erred in his assessment, management, understanding & application of -
Rule 22.7 determining (a) Whether Risk of Collision exists by using his Relative Bearings which only are reliable if his vessel is keeping its course. Prior to the taking of photos the ferry had begun to turn towards Cqe, then as the photos show, the ferry continued to turn towards Cqe between photos 1 & 2 bringing the bearing with him creating the effect of them appearing to change slightly. (b) That from far away & even at 1 km distant still considered risk existed when Cqe was moving away from the point at which the ferry would round Browns Light, leaving clear also the ferry’s earlier 286 course if it went straight ahead.(c) In which case Rule 22.15 didn’t apply, there being no Risk of Collision therefore Rules 22.16 & 17 didn’t apply there being no Stand-on or Give-way requirement but never the less he violated his requirement to hold his course - as seen in photo 2 where both Cqe & the ferry have both moved up to appear as if there’s been no change in the Relative Bearing whereas if a Compass Bearing had been taken it would’ve been noticeable with Cqe already past the ferry’s bow.
Rule 22.33 was violated by not having a ship’s whistle complying with the audibility & frequency required to be heard at 1 nmile inside a wheelhouse above ambient engine noise (Appendix3). Rule 22.34(4) was also violated by not sounding any signal immediately he had doubt as to the intentions of Cqe, whether sufficient action was being taken etc - 80 mtrs is unrealistically late with no time to have any response & in violation of Rule 22.8 which requires any action to avoid collision to be positive, in ample time, large enough to be readily apparent, not a succession of small alterations of course or speed.
There are no Rules suggesting a camera can replace a valid ships whistle or VHF radio to indicate concern, in the absence of which Classique was to maintain her course & speed allowing the ferry to pass clear astern by a safe margin reduced only by the unseamanlike actions of the ferry skipper who failed to understand that he was obliged to maneuver as expected round Browns Light & signal that intention if he desired by sounding 2 blasts, rather than saying he was prevented by Rule22.17(b) from turning to port.
