Avoidable collision

[dereksireci]

Came across this on the hull truth.
Watch it.

http://www.m90.org/index.php?id=11568

In my opinion the position of the Coast Guard boat made it the burdened vessel and they should have yielded to the speedboat. In any case they are required to make all attempts to avoid collision. It appears that the Coast Guard captain's attempts to avoid collision were limited to yelling at the other boat, which were ineffective at least.

Would love to hear Ike chime in on this.

Thoughts?

djs

[SheetWise]

Technically right or wrong, that collision was inexcusable -- from the cameras perspective it only took about 2 seconds to see it was a collision course.

[marshmat]

Under Canadian regs (I believe US are similar), the Coast Guard boat was the 'give-way' vessel and should have slowed or changed course. Canadian law would put 100% fault on the captain of the Coast Guard boat.
The captain of the speedboat should have seen the CG boat, he certainly shouldn't have been surprised, but he was in the CG's green sector and was obligated to hold his course regardless.
The 'cumbersome-vessel' custom, by which smaller craft give way to big unmanoeuverable craft, does not apply as both boats here are of similar agility.
Canadian law does not exempt Coast Guard craft from the colregs. Does US law provide such an exemption?
(PS- What kind of idiot thinks that yelling over the engines of two powerboats is at all audible? Use the horn!)

[Ike]

My internet link is really bad today and I can't get it to download the video

[longliner45]

me either,,,,,,,longliner

[Ike]

well, I downloaded it and it kept freezing after about 20 seconds or so.

[StianM]

I think it's international law that the one coming from right hand side (stb) is the one that has all rights. How mutch work was it for the dude that runn this vesel to just slow down a litle? A planing hull drop quite fast in speed and just two kn diference would alow him to pas behind. Don't hold on your right, you newer know what kind off beople you can runn into. Wonder if those guys in the speed boat will get a fat compensation$$$$$

What a jerk! Reminds me off a joke about about a american flight carier witch spoted a object on it's radar and the captan grab the VHF and ask undentfied vesel please change course, but the reply was we wont change cource you have to change yourself. The captain repeated this one off USA's flight cariers, please move or we will runn over and sink you and the folowing reply was, you move because we are a lighthouse

[Ike]

Of course it's international law. The Navigation rules are the same worldwide.

Not having looked at the video, judging from what has been said here;

if a collision occured between a Coast Guard vessel and a recreational boat, then there will be a Coast Guard investigation and an NTSB (National Transportation Safety Board.) investigation. If the Coast Guard was at fault there will more than likely be a Court Martial. This is serious stuff. The Boat Coxswain will more than likely lose his small boat qualification, which is not a small thing, and more than likely lose a stripe, which means a reduction in pay. If negligence is involved it could be worse. It also means he will probably get transfered somewhere where he will not be working on boats, more than likely to a ship. He aslo may ended with a General Dischage or even a Bad Conduct Discharge. This is not a little thing. Either one of those is a less than Honorable Discharge which can bar him from many occupations in the civilian world.

This comes under Hazarding a US Vessel which would cost an officer his career, an enlisted man probably a reduction in rate. Also Damaging Goverment Property, for which he may have to pay restitution, and that doesn't even start on damages to the other vessel. The Coast Guard will have to pay damages and restitution, medical costs if anyone was hurt and will more than likely get sued anyway.

On the other hand, if the civilian is at fault the most he would get would be a $1000.00 fine unless they can prove Grossly Negligent Operation which is a felony and can result in a $5000 and one year jail time. Rarely is Grossly negligent charged or proved and it has to handled by the US Attorney. The $1000 fine sounds like lot but it's an administrative penalty assessed by the Coast Guard not a Federal Court so it doesn't go on your record.

The last time this happened (in 2000 I think) the Coast Guard got really slammed. I don't know what happened to the Coxswain but I'd be willing to bet he's not operating boats anymore and probably isn't in the Coast Guard anymore.