Question for any seafaring types
Question for any seafaring types
Author
Discussion

Ayahuasca

Original Poster:

27,580 posts

308 months

Tuesday 17th April 2012
quotequote all
If a UK national captain of a US ship breaches say COLREGS in international waters, what if any is the prosecution / sanction mechanism?


Ayahuasca

Original Poster:

27,580 posts

308 months

Tuesday 17th April 2012
quotequote all
No, it's not the fking Titanic

V8mate

45,899 posts

218 months

Tuesday 17th April 2012
quotequote all
Walking the plank?

Ayahuasca

Original Poster:

27,580 posts

308 months

Tuesday 17th April 2012
quotequote all
Possibly appropriate in this case.

toohuge

3,473 posts

245 months

Tuesday 17th April 2012
quotequote all
Jurisdiction lies with the flag state i.e where the ship/vessel is registered. In this case the US.

Some nations can exercise universal jurisdiction but this is dependent of the crime committed and by the sounds of your post, I wouldn't reveal more on a public forum.

I should add that the US treats maritime cases very seriously with regards to investigations etc this may or may not play out in your favour biggrin

Chris

Ayahuasca

Original Poster:

27,580 posts

308 months

Tuesday 17th April 2012
quotequote all
toohuge said:
Jurisdiction lies with the flag state i.e where the ship/vessel is registered. In this case the US.

Some nations can exercise universal jurisdiction but this is dependent of the crime committed and by the sounds of your post, I wouldn't reveal more on a public forum.

Chris
Cheers.

Not COLREGS but SOLAS - naming no names but a US cruise ship with a UK captain passed by, without stopping, a disabled fishing boat on which the crew were waving for help; two of the crew subsequently died.

Some passengers frantically advised the cruise ship's crew but were taken no notice of.

The cruise ship company has recent very high-profile form for poor seamanship.

Don't think is in in the UK press yet.


Very unpleasant.


AshVX220

5,965 posts

219 months

Tuesday 17th April 2012
quotequote all
I'd suggest keel-hauling over walking the plank then, I would imagine some veru important heads will roll over that incident, very nasty.

Simpo Two

92,660 posts

294 months

Tuesday 17th April 2012
quotequote all
Wild guess - the captain was under pressure to get the passengers to port on time because if they were late, they'd demand millions in compensation.

There's usually money lurking in these decisions somewhere. Not right but that's the way it is.

AlexiusG55

656 posts

185 months

Tuesday 17th April 2012
quotequote all
Wouldn't whichever authority gave the master/OOW their tickets (MCA if British?) also investigate with a view to revoking them?

toohuge

3,473 posts

245 months

Tuesday 17th April 2012
quotequote all
Ayahuasca said:
Cheers.

Not COLREGS but SOLAS - naming no names but a US cruise ship with a UK captain passed by, without stopping, a disabled fishing boat on which the crew were waving for help; two of the crew subsequently died.

Some passengers frantically advised the cruise ship's crew but were taken no notice of.

The cruise ship company has recent very high-profile form for poor seamanship.

Don't think is in in the UK press yet.


Very unpleasant.
That is a very, very serious offence and something that the US would investigate very, very seriously providing that the ship was registered in the US. There are many companies that register ships in a south american country that shall remain nameless as their maritime investigations are lapse to say the least.

If what you say has happened (and I have no reason to doubt you) then the captain of the ship is in a bad situation. What he did is inexcusable and as there was loss of life on board the boat this will (should) not be treated lightly.

Chris

LimaDelta

8,397 posts

247 months

Tuesday 17th April 2012
quotequote all
When you say "a US cruise ship" do you mean US flagged, or US owned?

I ask because in the past I have been involved in the rescue of several distressed vessels from a US-owned but UK flagged vessels. The time lost is minimal and the pax love a bit of drama so there must have been a good reason not to do it.

toohuge

3,473 posts

245 months

Tuesday 17th April 2012
quotequote all
LimaDelta said:
When you say "a US cruise ship" do you mean US flagged, or US owned?

I ask because in the past I have been involved in the rescue of several distressed vessels from a US-owned but UK flagged vessels. The time lost is minimal and the pax love a bit of drama so there must have been a good reason not to do it.
This is what I was getting at and having re-read my post obviously made a hash of it biggrin

In all seriousness though, it will be down to the country were the ship is registered, it is unusual to fly a different flag but it does happen.

Chris

Ayahuasca

Original Poster:

27,580 posts

308 months

Tuesday 17th April 2012
quotequote all
linky: http://www.panama-guide.com/article.php/2012041318...

The captain is named in a later article on the site.

LimaDelta

8,397 posts

247 months

Wednesday 18th April 2012
quotequote all
Ayahuasca said:
linky: http://www.panama-guide.com/article.php/2012041318...

The captain is named in a later article on the site.
A sad story. In fact we picked up a similar small vessel with three crew not too far from there a few years back. The outboard had fallen off their boat and they had been adrift for several days. The fisherman had a GPS, but no VHF. It was pure luck our helmsman spotted them.


One of our rescues, Feb 2008

It seems that the boat in this article did not carry a radio either. I am not justifying the Captains actions, as I do not know the full facts, but one thing is certain, if they were carrying a VHF, and had made a distress call then there would be no ambiguity about signals/waving shirts and they would all be alive today.

daz3210

5,000 posts

269 months

Wednesday 18th April 2012
quotequote all
If the comments on that site are to believed, the ship involved is linked with the Costa line.


LimaDelta

8,397 posts

247 months

Wednesday 18th April 2012
quotequote all
daz3210 said:
If the comments on that site are to believed, the ship involved is linked with the Costa line.
They are both companies which come under the Carnival Corporation umbrella, including (among others) P&O, Cunard, Princess, Holland America, Seabourne, Costa, Ocean Village, Carnival, etc.


the_lone_wolf

2,622 posts

215 months

Wednesday 16th May 2012
quotequote all
Ayahuasca said:
...UK national captain of a US ship...
Star Princess is Bermuda flagged, part of the Red Ensign Group