At a hearing today at Folkestone Magistrates Court, the Owners and Officer of the Watch (OOW) of a UK Registered fishing vessel pleaded guilty to several offences following a collision in the Vlieland Straits Traffic Separation Scheme ( TSS) on the 8th December 2008.
In the early hours of Monday 8th December 2008 the UK registered fishing
vessel Hendrik Sr was travelling within the Traffic Separation Scheme (
TSS) off Vieland ( Netherlands) in international waters. The Hendrik Sr
was travelling across the TSS while a Finish registered cargo vessel,
Birka Exporter, was travelling in the correct direction within the TSS.
The Birka Exporter was on the starboard side of the Hendrik Sr. Under
the International Regulations for Preventing Collisions at Sea
(Colregs), the Hendrik Sr was obliged to give way to the cargo vessel
and had the primary responsibility for avoiding a collision. A collision
ensued at about 06.30 hours with considerable damage being caused to
both vessels. There were no fatalities or injuries on either vessel. At
the time of the collision visibility was good. The Hendrik Sr was later
declared a Total Constructive Loss (TCL) and has since been scrapped.
An investigation was started by the Enforcement Unit of the Maritime and
Coastguard Agency (MCA). The owners, skipper and OOW were interviewed
by the Dutch Police at the request of the MCA under Mutual Legal
Assistance legislation. No explanation has been given for the collision
or its causes.
The owners of the Hendrik Sr, Willem and Jacob Brands of Urk,
Netherlands were fined a total of £1,000 after pleading guilty to four
charges for breaching Colregs.
The OOW, Riekelt Brands of Urk, Netherlands, pleaded guilty to four
breaches of Colregs and one charge brought under Section 58 of the
Merchant Shipping Act for endangering his vessel and its crew. He was
fined £3,500.
The Magistrates made a cost order of £9,328.50 against the three
defendants.
Mr. David Fuller, Principal Fishing Vessel Surveyor for the MCA Eastern
Region said:
The MCA regards strict compliance with the Colregs as extremely
important for ensuring the safety of all at sea. This collision would
indicate that even the most basic standards of compliance were not met.
It was most fortunate that no one was killed or injured.
The MCA would like to thank the Dutch Coastguard and Dutch National
Police for their assistance in this matter
