From www.marinelink.com Liability when Both Vessels Violate COLREGS Monday, July 07, 2008 The US Court of Appeals for the Ninth Circuit upheld the determination of the federal district court regarding allocation of liability in a collision case where both ships had violated the International Regulations for Preventing Collisions at Sea (COLREGS). In the instant case, defendant’s tanker was entering Puget Sound. In accordance with federal law, it hired two of plaintiff’s vessels to provide escort service. In accordance with the pre-arranged transit plan, one of the escort vessels was to be tethered to the stern of the tanker and the other escort vessel was to position itself on the tanker’s port shoulder. Plans called for the two escort vessels to rendezvous with the tanker by proceeding on a course of 058 degrees true at 12.5 knots while the tanker, which was approaching from the Pacific Ocean, would proceed on the same course, but at 15 knots, until the appropriate positions were attained. The escort vessel that was to be on the tanker’s port shoulder failed to correct its course as steered to account for wind and currents. The ensuing collision nearly capsized the escort vessel. The court found the colliding vessels each violated two COLREGS. It also found that the vessels were operating in concert and pursuant to agreed maneuvers (although this did not necessarily excuse violations of the COLREGS). It then found that the actions of the escort vessel were more serious as regards causation. The court also found that the master of the escort vessel had serious medical and alcohol problems that may have impacted his situational awareness and that the owner had a duty to conduct further inquiry before allowing this individual to serve as master of the escort vessel. The federal district court allocated 70% of the liability against the owner of the escort vessel and 30% of the liability against the owner of the tanker. In affirming this allocation, the appellate court stated: “it is precisely this type of fact-intensive decision that is committed by our precedent to the district court for its determination.” Crowley Marine Services v. Maritrans Inc., No. 07-35237 (9th Cir., July 3, 2008). (HK Law) CLICK HERE TO SEE CASE FILE Senator Stevens Letter to Admiral Allen stating our concerns. CLICK HERE Senator Cantwells "Questions for the Record" submitted to Admiral Allen. CLICK HERE News Article from Contra Costa Times: "Coast Guard May Slash Tugboat Training." CLICK HERE TO VIEW ARTICLE CLICK HERE TO VIEW VIDEO News Article from ABC News "New Tugboat Training Proposed" CLICK HERE TO VIEW ARTICLE CLICK HERE TO VIEW ABC7NEWS VIDEO For our letter sent to USCG and Representatives CLICK HERE Inspector General's report on USCG Marine Casualty Investigation Program CLICK HERE USCG Marine Safety Performance Plan for 2009 - 2014 CLICK HERE Tanker Rates Surge. May 29, 2008 The freight rate for VLCCs has reportedly more than doubled from an average of $59,652 per day last month to $129,052 on May 15, according to a report on www.business-standard.com. The rate for Suexmax vessels has jumped by 53% from $52,866 to $81,073 and that of Aframax vessels by 40% from $31,060 to $43,528 during the period MarAd Releases Marine Operator Survey. May 29, 2008 The Maritime Administration (MarAd) released its Marine Operator Survey Concerning Mariner Availability. The survey found, among other things, that 71% of respondents encountered problems in attempts to hire qualified mariners over the past year. TWIC Change May 2, 2008 WASHINGTON – The U.S Department of Homeland Security (DHS) today announced that the final compliance date for the Transportation Worker Identification Credential (TWIC) program will be April 15, 2009, which reflects a realignment of the Sept. 25, 2008 compliance date set in the final rule. The seven month extension is a direct result of collaboration with port officials and industry, and realigns the enrollment period with the original intent of the TWIC final rule. (4/4/2008) The following is a press release issued by Foss Maritime: (SEATTLE) -- Foss Maritime Company announced today that it has agreed to sell selected assets, including two tugs and twenty barges currently operating on the Columbia Snake River system, to Vancouver, WA based Tidewater Barge Lines. Foss made the decision to sell selected assets in order to focus its efforts and investment in its strategic lines of business including ship assist, ocean towing and special projects. Foss will maintain its Portland based division and will no longer provide river barging of grain, wood products and containers. tamper resistant “Smart Cards”, containing their holders biometric information, which the country's port workers and coastal mariners will soon be required to carry. |
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