Any civil liability for a ship accident during navigation lies with the captain and the vessel's owner, judge Décio Gabriel Gimenez, of the 3rd Federal Court of Santos (SP), ruled in the case of the accident of the 'Postojna' on Sep 29, 2011. Civil action for damages, including lost profits, which was filed by a terminal against the Port Authority of Santos (APS) and the agency of the freighterwas unfounded. The accident occurred due to the ship's maneuver carried out at the time of leaving the Port of Santos channel, after completion of loading of 44000 tons of sugar, bound to Indonesia, possibly due to the vessel colliding with debris from the previous shipwreck of the Greek cargo m/v 'Ais Giorgios', partially submerged since January 1974 due to a fire. Responsibility for navigation, as explained above, lies with the shipowner and the master (Law No. 9,537/1997). The plaintiff was the company Rumo. Due to rudder damage, the freighter was unable to continue its voyage and re-docked at the Rumo terminal until it was repaired. The company had allegedthat the measures adopted after the accident affected its operations, preventing it from fulfilling contracts signed with third parties. Therefore, it asked for the defendants to be sentenced to compensate it for the losses suffered and compensate the damages. The amount to be paid by the defendants, in the event of conviction, would be determined through an expert opinion, but the plaintiff gave the case a value of R$5 million. With the claim dismissed, the judge ordered the terminal to pay procedural costs and expenses, in addition to legal fees, set at 15% of the updated value of the action, considering the complexity of the case and the time required to resolve the controversy.
News
JETLINER
Due to bad weather, the 'Jetliner', sailing from Kendari City to the port of Raha City, Southeast Sulawesi (Sultra) with 39 crew members and five passengers on board, ran aground in Muna waters on May 23, 2013, at around 01.30 a.m. WITA, while entering Raha port. Ahead of the grounding, the ferry had suffred damage to the port side main engine, so that during its voyage it used the starboard side main engine. When it entered Muna waters, it was caught by stron winds and currents and got stuck. The KUPP together with the Raha Port Area Police evacuated the passengers. The Harbour Master and related parties planned to return to the ship at around 10.00 p.m. WITA when the water has started to rise to monitor the refloating process. Reports with photos: https://kiatnews.co.id/akibat-cuaca-buruk-kapal-jetliner-kandas-di-perairan-muna-upp-raha-lakukan-evakuasi/ https://butonpos.fajar.co.id/2024/05/22/jetliner-kandas-di-perairan-laino-raha/2/
MAUNALEI
A substandard propellor blade caused a loss of propulsion and large spill of hydraulic oil from the 'Maunalei' in August 2022. The ship lost power as a result of a flawed propeller blade on a voyage between Anchorage and Portland according to a US National Transportation Safety Board (NTSB) investigation. The NTSB revealed its findings on May 21, 2023, concluding that the vessel’s controllable pitch propeller had failed to meet design requirements. En route to a drydocking in Portland, theship’s controllable pitch propeller failed, resulting in a loss of propulsion about 245 nautical miles from the entrance to the Columbia River, close to Portland. The vessel’s propeller system was thought to have lost more than 1,632 gallons of hydraulic oil and resulting damage has been estimated at $3m. The NTSB concluded that the manufacture of the propeller was substandard. Cracks and fractures at the base of the fourth blade in the five-blade propeller failed to meet specification requirements and did not meet requirements for impact toughness, tensile, or yield strength. The NTSB investigators concluded that the blade damage was probably an isolated incident. The analysis of other five-bladed propellers on similar vessels indicated no problems. However the blade manufacturer has adjusted the specification to improve propeller fatigue fracture resistance. Full report: https://www.ntsb.gov/investigations/AccidentReports/Reports/MIR2411.pdf
SILVER WHISPER
A female Filipino crew member of the 'Silver Whisper' has been arrested by the Grosseto prosecutor's office on charges of murder after allegedly letting her newborn die on the cruise ship. The woman, who concealed her pregnancy from her colleagues, gave birth ~2 days before the incident. The alarm was raised by her colleagues on the evening of May 19, 2024, while the vessel was near Monte Argentario's coast (Grosseto Province). The police intervened and boarded theship. The newborn's body was discovered in the cabin shared by the mother and other crew members. Authorities conducted a thorough search of the cabin and other areas of the ship, collecting photographic evidence and initial testimonies. In a confused state, the woman was taken to the emergency room in Grosseto. On the morning of May 20, the prosecutor's office decided to arrest her. The baby's body was taken to the "Misericordia" morgue, and an autopsy may be scheduled. Preliminary examinations indicated that the baby's death was not due to suffocation. nstead, it appears the mother left the newborn unattended for hours in the cabin, without providing medical care or nourishment. The 'Silver Whisper's current cruise is a 9-day itinerary from Civitavecchia to Villefranche-sur-Mer/Nice. The voyage started on May 18 and ends on May 27.
ICGS ABHINAV
Despite challenging conditions, the ICGS 'Abhinav' successfully pumpe outd the engine compartment of the Indian fishing vessel 'Gurovayoorappan' with 13 crew members on board, responding to a distress call 30 nautical miles off Chavakkad, Kerala. Following the rectification of defects, the ship safely entered Munambam fishing harbour on May 21, 2024. Report with photo: https://news.abplive.com/kerala/kerala-indian-coast-guard-rescues-13-crew-members-from-sinking-fishing-boat-gurovayoorappan-1689383
CG WALNUT
The oast Guard Cutter 'Paul Clark' has repatriated 31 migrants to Cuba on May 22, following multiple interdictions in the Florida Straits. The first interdiction occurred on the morning of May 17, when Sector Key West watchstanders received a report from the 'Walnut' of a migrant voyage 38 miles southwest of Marquesas, Florida. The 'Walnut' arrived on scene and safely embarked the migrants. The second interdiction occurred on the afternoon of May 17, after an Air Station Miami HC-144 Ocean Sentry aircrew detected a migrant vessel 23 miles north of Matanzas, Cuba. Sector Key West watchstanders diverted the 'Walnut', which safely embarked the migrants. The final interdiction occurred on thze morning of May 18, when Sector Key West watchstanders received a report from a good Samaritan of a migrant venture 23 miles south of Plantation Key, Florida. Coast Guard Station Islamorada boat crews arrived on scene and safely embarked the migrants. Once aboard the Coast Guard cutter, all migrants were treated with dignity and respect, and receive food, water, shelter, and basic medical attention. Report with photo: https://www.news.uscg.mil/Press-Releases/Article/3784117/coast-guard-repatriates-31-migrants-to-cuba/
PROTOPOROS XIV
On May 22, 2024, at noon, the Port Authority of Salamina was informed that the ferry 'Empedoklis' ((IMO: 9812793) allided with the docked 'Protoporos XIV' during the berthing manoever at the port of Palukia, causing minor property damage, on a scheduled route from the port of Perama with 136 passengers and 77 vehicles on board. The 'Pioneer XIV' had no passengers and vehicles on board. No injuries were reported from the incident, and no marine pollution was observed. The Port Department of Salamina of the Central Port Authority of Piraeus, which was conducting the preliminary investigation, banned both ships from sailing , until the certificates of seaworthiness have been presented by the attending classification societies.
PS DREAM
The U.S. Department of Justice stated on May 21, 2024, that the two operator companies of the 'PS Dream', the Prive Overseas Marine LLC and Prive Shipping Denizcilik Ticaret, have pleaded guilty to intentionally violating the Act to Prevent Pollution from Ships (APPS) and misleading the authority of justice by providing a false report of oil records. The guilty plea was logged in the federal court of Orleans, presided over by the Chief Justice of the U.S. District Court. If convicted, the two companies will be charged $2 million and probation for four consecutive years. Moreover, the captain of PS DREAM has also been separately charged. On Jan 11, 2023, a crew member reported to the Coast Guard of Orleans, by sharing a video that showcased the oil being pumped overboard and trailing behind the vessel. After two weeks, the vessel made a port call at New Orleans, where the crew member submitted the video as evidence to the Coast Guard of Orleans.
FRENCH WARSHIP F
39 migrants were rescued off the coast of Berck (Pas-de-Calais) on May 21. On the early morning the CROSS Etel was alerted to the difficulties encountered by the boat and deployed the 'Flamant ' to assist. The castaways were taken into care and dropped off at the port of Boulogne-sur-Mer, where they were awaited by the rescue services and the border police.
ALFRED
The master of the 'Alfred', that grounded off Swona island on July 5, 2022, almost certainly fell asleep and allowed the ferry to swing towards land, and he regularly sailed very close to the coast, an official investigation by the UK Department for Transport’s Marine Accident Investigation Branch (MAIB) concluded on MAy 22, 2024. A total of 41 passengers and crew were injured and almost all the vehicles aboard, and the ferry’s port bulbous bow were damaged. The MAIB report highlighted “key safety issues” as the ferry routinely passing too close to land, fatigue leading to loss of awareness at a critical point in the vessel’s passage and lack of assurance that procedures were being followed. It recommended to the Maritime and Coastguard Agency that passage plans were available during inspections and surveys, and guidance was issued to ferry operators over the need to secure heavy objects. The MAIB said UK domestic ferries’ exemption from carrying voyage data recorders should be reviewed. The branch also called on Pentland Ferries to ensure it recorded passenger details and injuries after such incidents. Report with photo: https://www.scotsman.com/news/transport/pentland-ferries-captain-almost-certainly-fell-asleep-before-vessel-grounded-off-orkney-injuring-41-4638072
DALI
On May 22 Maryland Governor Wes Moore said the 'Dali' will be in Baltimore for four to six weeks, while crews remove pieces of the bridge, damaged containers and parts of the roadway still on board. They will also make a number of temporary fixes. Once this is done, it will be sent to Norfolk. He did not specify which shipyard will receive the ship. The crew members now have the chance to spend some time off the ship for the first time since the initial collapse. After the ship was removed, there is now a 400 foot wide by 50 foot deep channel for 24/7 operations at the Port of Baltimore. The Coastguard was working to expand this further, while clearing additional rubble from the bottom of the channel.
CGC PAUL CLARK
The 'Paul Clark' has repatriated 31 migrants to Cuba on May 22, following multiple interdictions in the Florida Straits. The first interdiction occurred on the morning of May 17, when Sector Key West watchstanders received a report from the Coast Guard Cutter 'Walnut' of a migrant voyage 38 miles southwest of Marquesas, Florida. The 'Walnut' arrived on scene and safely embarked the migrants. The second interdiction occurred on the afternoon of May 17, after an Air Station Miami HC-144 Ocean Sentry aircrew detected a migrant vessel 23 miles north of Matanzas, Cuba. Sector Key West watchstanders diverted the 'Walnut', which safely embarked the migrants. The final interdiction occurred on thze morning of May 18, when Sector Key West watchstanders received a report from a good Samaritan of a migrant venture 23 miles south of Plantation Key, Florida. Coast Guard Station Islamorada boat crews arrived on scene and safely embarked the migrants. Once aboard the Coast Guard cutter, all migrants were treated with dignity and respect, and receive food, water, shelter, and basic medical attention. Report with photo: https://www.news.uscg.mil/Press-Releases/Article/3784117/coast-guard-repatriates-31-migrants-to-cuba/
EMPEDOKLIS
On May 22, 2024, at noon, the Port Authority of Salamina was informed that the 'Empedoklis' allided with the docked ferry 'Protoporos XIV' ((IMO: 9848974) during the berthing manoever at the port of Palukia, causing minor property damage, on a scheduled route from the port of Perama with 136 passengers and 77 vehicles on board. The 'Pioneer XIV' had no passengers and vehicles on board. No injuries were reported from the incident, and no marine pollution was observed. The Port Department of Salamina of the Central Port Authority of Piraeus, which was conducting the preliminary investigation, banned both ships from sailing , until the certificates of seaworthiness have been presented by the attending classification societies.
FIDAN
On May 17, 2024, at 04.10 UTC the 'Fidan', en route from Ust-Luga to Santos, was boarded by ten pirates armed with AK-47 guns in 09:11.2 N 027:03.9 W, around 363 nautical miles southsouthwest of Nova Sintra, Cabo Verde. They took control of the bridge. All crew members were mustered on the bridge where the pirates tied up their hands and legs. The pirates ordered the 2nd and 4th engineer to stop the engines, and the ship went adrift with the intention of stealing the cargo and bunkers. While waiting for the offtake vessel, the pirates stole crew and ship properties. They then moved all crew members into the steering gear room and informed them that there were explosive devices fixed on all doors, and the crew could only exit after two hours. Once the crew emerged from the steering gear room, no pirates or explosives were found. The pirates had damaged communication, internet, navigation equipment and the air control pipes for the main engine and cylinder oil flow valves before escaping. The crew managed to sail the vessel to the next port. No cargo or bunkers was stolen.
HATTERAS
At a dual ceremony held at the Hatteras Village ferry docks on May 20, 2024, the North Carolina Department of Transportation’s (NCDOT) Ferry Division and the U.S. Coast Guard honoured the crew of the 'Hatteras' for their rescue of two men and their dog on Jan 12, 2024. Captain Bill Davis, Chief Engineer Robbie Meekins, Oiler Amanda Przygodzinski, and the crew members Gerald Huneycutt, David Butler, and Calob Fulford were onboard the 'Hatteras', tying up the ferry at the Ocracoke-South Dock Terminal, when they noticed two men hanging onto an overturned boat, and swiftly floating out of Hatteras Inlet and toward the Atlantic Ocean. The weather conditions were worsening, the current was strong, and the two men were getting sucked out to sea, Captain Bill Davis sounded the general alarm, and the crew snapped into action. The crew immediately launched a rescue boat and went to the scene, where they found the two men clinging to the side of the vessel, and a dog trapped underneath. The two men had waders on, and were having trouble staying afloat. The strong current combined with the frigid 52-degree water temperature made the situation critical. Due to the crew’s rapid response and training, it didn’t take long for the team to pull both victims and the dog out of the water, and shuttle them back to land, with no injuries reported. In addition to the NCDOT’s Extra Mile Award, Corrie Sergent, Deputy Commander for U.S. Coast Guard Sector North Carolina, also presented the crew with the Certificate of Merit and Recognition of Notable Services that have Assisted Greatly in Furthering the Aims and Functions of the Coast Guard. Multiple agencies and community members were in attendance at the ceremony, including the majority of Coast Guardsmen from Station Hatteras Inlet. Report with photos: https://islandfreepress.org/outer-banks-news/six-member-ferry-crew-honored-by-ncdot-u-s-coast-guard-for-heroic-january-rescue/