The Ferry and Fishing Boats Collision:
Notes and opinions on deck watch, regulations, and maritime profession
It is very easy to tell who should be held accountable in the wooden ferry and steel fishing boat almost-head-on collision. The images shown on TV news report betray that the officers of both vessels are unaware of the Rules. On the other hand, could it be that the officers and personnel of the proper government agencies lax in implementing the Rules or are they also as clueless as the officers and managers of these boats? Their very own statements on the Philippine Daily Inquirer and TV reports say so. What is the International Regulations for Preventing Collisions at Sea for? This is a complete set of Rules, aka Rules of the Road, that will prevent collision, if it is understood by heart since student days. How did they pass the PRC exams? How were they interviewed by the company managers who must also be nautical masters and/or officers?
Both parties were at fault
According to International Regulations for Preventing Collisions at Sea, 1983, Rule 14 (a) titled Head-on Situation, 1st sentence:
When two power-driven vessels are meeting on a reciprocal or nearly reciprocal courses so as to involve risk of collision, each shall alter her course to starboard so that each shall pass on the port side of the other.
Translation in Filipino: Kapag ang dalawang sasakyang dagat na pinaandar ng makina ay tuwiran o halos tuwirang nagkakasalubong sa paraang makapagsasangkot sa kanila sa bangaan, ang bawa’t isa ay liliko sa gawing kanan ng isa’t isa nang upang ang bawa’t isa ay magkaraanan sa gawing kaliwa ng isa’t isa. (Ramirez, 2002, p. 20)
The images from television news reveal that they are passing, against the Rule 14 (a), on the right side of each other instead of on the left side of each other, to wit: “…each shall alter her course to starboard so that each shall pass on the port side of the other.”
Basic rules of preventing collisions were dismissed
According to International Regulations for Preventing Collisions at Sea, 1983, Rule 14 (b) titled Head-On Situation, 2nd sentence:
Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly and by night she could see the masthead lights of the other in line or nearly in line and/or both sidelights and by day she observes the corresponding aspect of the other vessel.
Translation in Filipino: Ang kalagayang tuwiran o halos tuwirang pagsasalubong ay umiiral kapag nakikita mo na ang tig-isang ilaw ng dalawang palo ng barko ay nakalinya nang patayo at/o pati na ng dalawang sidelights sa magkabilang gilid ng barko. (Ramirez, 2002, p. 20)
Narrated from a news article from Philippine Daily Inquirer, dated December 24, 2009 were the statements of NCR Coast Guard Commodore Luis Tuason, Jr:
Tuason said the captains of the two vessels did not make contact as they approached each other. Officials of the two boats, he said, should explain their failure to communicate.
Tuason said the crash did not stem from malfunctioning engines or weather disturbances.
What is it that you are trying to tell us, Cmdr. Tuason? To competent ship officers and nautical masters, the signal lights above and the sound signals as instructed under Rule 34, titled Maneuvering and Warning Signals, should be enough communications.
According to International Regulations for Preventing Collisions at Sea, 1983, Rule 14 (b) titled Head-On Situation, 3rd sentence:
When a vessel is in any doubt as to whether such a situation exist she shall assume that it does exist, and act accordingly.
Translation in Filipino: Kapag ang isang sasakyang dagat ay may anumang alinlangan kung ang gayong katayuan ay umiiral, iisipin niyang umiiral na nga at siya'y kikilos nang ayon sa nararapat. (Ramirez, 2002, p. 20)
The worst case scenario should be anticipated. If one thinks there is a possibility of a collision, he or she should should assume the worst in order to proactively take appropriate steps in preventing the collision.
Unfortunately, this principle might not have been established. Limuel Fabula, the general manager of San Nicolas Shipping Lines, related to the press that it was the fishing vessel that had made a U-turn and hit their passenger boat MV Catalyn B. (Manila Bulletin, December 25, 2009). Anyone can notice that Fabula implied that the other party (FV Anatalia) should take the fall.
Kailangan ko pa bang ipaliwanag ito? Sa panahon pa lang ng pag-aalinlangan, habang malayo ka pa sa kabilang barko at malaki pa ang panahon bago mangyari ang hindi dapat mangyari, Mr. Fabula, kailangang, iliko mo na nang pakanan ang barko mo, palayo sa kasalubong na barko. Hindi iyong lalo mo pang isinaksak ang sarili mo sa kabilang barko. Ang laki-laki ng dagat bakit kailangang pa ninyong magsiksikan? Ano ang sinasabi mong you were on the right side of the nautical lane? Bakit, kailan magkaroon riyan ng traffic separation scheme (Rule 10)? O kaya, may narrow channel (Rule 9) ba riyan?
(Un)qualified personnel
According to International Regulations for Preventing Collisions at Sea, 1983, Rule 5, titled Look-out:
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Translation in Filipino: Ang bawat sasakyangdagat, sa lahat ng oras, ay magpapanatili ng isang angkop na bantay-tagamanman sa pangmasid at pang-ulinig maging sa lahat ng magagawang paraang angkop sa umiiral na mga pangyayari at mga kalagayan upang makagawa ng lubos na pagtaya sa katayuan at sa panganib sa banggaan. (Ramirez, 2002, p. 8)
Not unlike the managers of both vessels, the watchkeeping personnel might not have been equipped with the fundamental rules of preventing collisions. How could an employer possibly qualify, select and hire skilled personnel if the former is unaware of certain functions and protocols of critical situations such as head-on situations stated under Rule 14? Were they even aware of the Rules to follow to maintain safe speed at all times?
The weather was very clear and the sea was calm, as the news images had shown. It is not a mystery how and why this sea accident occurred. The nautical schools, the maritime training centers, the instructors themselves, the shipping companies, the PRC, and the port authorities know how and why.
Yes, we must not forget the certificate fakers... I mean, makers in C.M. Recto, Sta. Cruz, Manila.
References
Cinco, M. & Alave, K. L. (2009, December 24). Three killed, twenty-four missing in ferry boat collision. Inquirer Southern Luzon, Philippine Daily Inquirer. Retrieved December 26, 2009 from Inquirer.net. Website:http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091224-243889/Ferry-fish-boat-collide-off-cavite
Ramirez, C. (2002). Today's navigational and deck watch. 2008 edition. Philippines: Gold Book Publications.
Sabate, E. J. & Giron, A. (2009, December 25). Human error eyed in boat's collision. Manila Bulletin. Retrieved December 26, 2009 from MB.com.ph: Manila Bulletin Publishing Corporation. Website: http://www.mb.com.ph/articles/235688/human-error-eyed-boats-collisionTHE FERRY AND FISHING BOAT COLLISION
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