Conception Captain Found Guilty of Manslaughter

Please register or login

Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.

Benefits of registering include

  • Ability to post and comment on topics and discussions.
  • A Free photo gallery to share your dive photos with the world.
  • You can make this box go away

Joining is quick and easy. Log in or Register now!

In fact, UK rules are almost identical to USA rules. Remember, these 2 countries have the most advanced rules of any country, with Canada and Australia right with them.

14.8 Means of Escape
14.8.1 Two means of escape should be provided in:-
.1 accommodation spaces used for sleeping or rest; and
.2 other accommodation spaces affected by a fire risk; and
.3 machinery spaces affected by a fire risk except:
i) those spaces visited only occasionally or unmanned during normal operation, and
where the single access gives ready escape, at all times, in the event of fire; or
ii) those spaces where any person entering and moving about the space is within 5
metres of the single entrance, at all times.
The means of escape should be such that a single hazardous event will not cut-off both
escape routes. Only in the exceptional case, such that the overall safety of the vessel would
be diminished, should means of escape contrary to Section 14.8.1.1, .2 or .3 be accepted.
This isn’t quite the case, small commercial vessels were allowed to grandfather in, but only where they carried less than 12 passengers and not overnight. Anything over 12 pax, is a passenger ship and subject to the appropriate rules. Originally, a grace period to bring vessels up to code was allowed, but most insurers withdrew and compliance became the norm much quicker than expected. Even classic vessels had to level up or depart. The sail training ship Rona, had to be sold into private use, as with a crew of 22 plus 4 officers and over 100 years old, she had no chance of meeting modern codes.
Private vessels remain exempt and some groups get around code by being “clubs”. This won’t last, it’s an obvious dodge. It won’t be a high priority change to legislation, but the first accident will trigger the change.
 
Regarding the fact that captain left the ship with passengers still alive and trapped, I think that this alone was an action deserving the verdict.
I can see a parallel with the wrecking of Costa Concordia, here in Italy, at Isola del Giglio. It was a large cruise ship (3000+ passengers) which capsized after passing too close to coast and hitting submerged rocks.
During the evacuation, the captain left the ship while hundredths of passengers were still aboard, and more than 30 of them were trapped and drowned.
The coast guard radioed the captain Schettino to come back on board for directing the evacuation procedure, and to stay there until the last passenger disembarked.
But he refused and went ashore.
This was one of the main claims of accusation during the trial, which resulted, as obvious, in a sentence of 16 years.
 
The fire-alert system would be insanely cheap, from a business-cost perspective. You might want something better than these off-the-shelf systems, but even still, one of these systems would have been better than nothing.


The sprinkler system would be a little more expensive, but it's absolutely insane they didn't have the integrated alert system.
.

Fire-suppression systems or using different materials would be far more expensive
This also isn’t the case any longer, though true at the time. Very cheap, effective fixed, automatic fire suppression systems are readily available now. We use this on some smaller retro-fit projects:

Also, on the subject of materials, we buy IACS type approved A,B and non-combustible paneling systems from Fountom in China. Essentially light weight panels constructed from Rockwool, sandwiched between two layers of 1.5mm steel or Alu. Lighter than ply and completly fire proof. It’s cheaper than buying marine ply here too (Dubai) most of our furniture carcasses are made in Honeycomb Alu, which is again cheaper than marine ply at the same thickness, 1/4 the weight and entirely fire proof/non-combustible. We’ve been doing that for 23 years now.
 
This isn’t quite the case, small commercial vessels were allowed to grandfather in, but only where they carried less than 12 passengers and not overnight. Anything over 12 pax, is a passenger ship and subject to the appropriate rules. Originally, a grace period to bring vessels up to code was allowed, but most insurers withdrew and compliance became the norm much quicker than expected. Even classic vessels had to level up or depart. The sail training ship Rona, had to be sold into private use, as with a crew of 22 plus 4 officers and over 100 years old, she had no chance of meeting modern codes.
Private vessels remain exempt and some groups get around code by being “clubs”. This won’t last, it’s an obvious dodge. It won’t be a high priority change to legislation, but the first accident will trigger the change.
Agreed. The UK seems to have 2 class distinctions, fewer or more than 12 pax and fewer or more than a load line length of 24 meters. The US makes an additional distinction at 100 Gross Tonnes, and that is the important one in this case. There are other rules in effect, more or fewer than 50 overnight passengers as well, but the grandfathering comes into effect for Small Passenger Vessels, specifically those smaller than 100 GT, which is different than GRT.

I had a dual tonnage vessel so I could make international voyages. On a domestic voyage I was 99 GT, but on an international voyage I was 141 GRT and limited to 12 pax, as I wasn’t full SOLAS.
 
On a domestic voyage I was 99 GT, but on an international voyage I was 141 GRT
I'm just a passenger, but your boat floated so easily and nice. I would never have guessed it weighed that much. I would have thought it was about as much weight as a fully loaded semi truck at about 40 tons. Forgive me also for not fully understanding dry land weight and water displacement stuff.
 
I'm just a passenger, but your boat floated so easily and nice. I would never have guessed it weighed that much. I would have thought it was about as much weight as a fully loaded semi truck at about 40 tons. Forgive me also for not fully understanding dry land weight and water displacement stuff.
GT are calculated, and have to do with the cargo carrying capacity, bales of cotton, and other obscure references to U. S. coastwise trade in the 17 and 1800's.

GRT is an international dimension, only necessary if vessel wants to sail to another country, but still a calculated value.

Spree displaced 69,000 (near enough) pounds (35 short tons) light weight, no fuel, no water, no provisions, no people.
 
GT are calculated, and have to do with the cargo carrying capacity, bales of cotton, and other obscure references to U. S. coastwise trade in the 17 and 1800's.

GRT is an international dimension, only necessary if vessel wants to sail to another country, but still a calculated value.

Spree displaced 69,000 (near enough) pounds (35 short tons) light weight, no fuel, no water, no provisions, no people.
I feel it’s a shame you aren’t still running a charter boat? If you don’t mind me asking, why did you stop? (I believe you stopped, but only from what I’ve read here, if that’s wrong, apologies).
 
I feel it’s a shame you aren’t still running a charter boat? If you don’t mind me asking, why did you stop? (I believe you stopped, but only from what I’ve read here, if that’s wrong, apologies).

Perhaps got an offer he couldn't refuse for the boat and to retire early and not have to deal with ahole people 24X7?
 
I think a portion of the blame belongs with the USCG for not requiring more modern, effective fire detection and protection systems on overnight boats. At a minimum they should have enforced their own existing, ineffective rules requiring a roving watch.
A very large portion.
Government does not exist to protect business. It exists to protect citizens from business. If every overnight charter boat goes out of business because they cannot offer a reasonable level of safety from predictable hazards, then that is not the government's concern. What is the government's concern is that people not die trapped below decks in a fire that is not detected until it is too late.
^^This too.
 
I feel it’s a shame you aren’t still running a charter boat? If you don’t mind me asking, why did you stop? (I believe you stopped, but only from what I’ve read here, if that’s wrong, apologies).
Perhaps got an offer he couldn't refuse for the boat and to retire early and not have to deal with ahole people 24X7?
^^^This^^^

Although they weren't all a-holes. I've met many lifelong friends diving.

The true answer is that I opened up Cuba for American Flagged commercial passenger vessels. I worked for 10 years to obtain an ABS Load Line on a 40 year old existing vessel, successfully, and I performed all of the engineering and drafting except the hydrostatics. I am a marine and nuclear engineer, not a naval architect. I was the first commercial US passenger vessel to legally make a voyage to Cuba since 1962. I made 2 trips and had 6 on the books, and I was killing it.

Like many Captains, I'm a bit of an arrogant prick. I had an in in Cuba, and all of the support I could ever want if I only followed their rules. As stated, I am a bit of a prick, and I also made some cultural faux pas that I could not recover from. I had been told how to act, but again, I am a bit of an arrogant prick.

I sold my boat for far more than I paid for it, and sold it in Cuba where she is being used exactly for the purpose she was best at, carrying out diving research in one of the most beautiful places in the Caribbean. I have no regrets, I had the best job in the world for 20 years.
 

Back
Top Bottom