Court Urges Test For Boat-Owners

Press, Volume CII, Issue 30286, 12 November 1963, Page 3

Court Urges Test For Boat-Owners

(New Zealand Press Associntion)

AUCKLAND, Nov. 11. A test on the rules.of the road, safe navigation and general boating for all owners and operators of powered boats and yachts, and the licensing of such craft, is recommended by the Court of Inquiry into the collision between the ketch Faith II and a towed barge in Auckland Harbour on March 15. which resulted in a man’s death. The court also recommends that the length of tow-lines within Auckland Harbour limits or defined parts, thereof be limited either by bylaw or by a harbourmaster’s order. The court found the death was “caused or contributed to by the wrongful acts of defaults of Captain Brian Francis Logan, the master of the Otapiri (the tug towing the barge), of Mr Donald Murray Reid, the owner of Faith 11, and members of the crew of the Faith II who were in the cockpit at the time of the casualty.” It ordered Captain Logan to pay £6O and Mr Reid £l5 “on account of the expenses of this investigation.’’

Captain Logan’s certificate was handed back to him, “the court being of the opinion that the extent to which he may have acted wrongfully or in default did not justify the cancellation or suspension of his certificate.” The inquiry was held before Mr L. G. H. Sinclair, S.M., assisted by Mr H. J. C. George, Captain J. D. Kearne and Captain K. Penney, in Auckland, in- July. The court's report was released today. The collision took place in Rangitoto Channel just over a mile from Bean Rock lighthouse about 10.15 p.m. The barge, which had been tied to the starboard side of the Otapiri until they were off Devonport wharf, was then on a 600-foot tow-line. The crew of the Faith II saw the tug pass at 50 to 100 yards away, but were not aware that the barge was under tow until it was about 30 to 40 yards away and it was slewing towards them, the report says. The yacht’s engine was started, but the collision oc-

| curred before the engine I could give any impetus to the yacht’s speed. Four of the crew were able to jump overboard and were later picked up. The body of Thomas Gary Davies was J later recovered by a diver from the main ca6in of the ■ yacht. i Tow-rope Too Long The court found Captain Logan at fault in that “contrary to the observance of good seamanship he lengthened the tow to 600 feet within harbour limits on a night when many small craft might be expected to be about and when such lengthening of the tow was not required by sea conditions and was also contrary to the understanding between the harbourmaster and tugboat owners in Auckland that towlines are to be kept as short as circumstances permit within Auckland Harbour limits.” The court said he also failed to keep a proper lookout. Mr Reid was at fault in that he failed either to exhibt a stern light or show a lighted torch or lantern as required by the collision regulations. The members of yacht crew who were in the cockpit were at fault in that they failed to recognise that ! the two white masthead i lights exhibited by the tug indicated that she had a ship in tow. the report said.