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Transcription

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Marine & Pollution Incident
Investigation Report
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Collision between the Domestic Commercial vessel Jet X
29086QE and the windsurfer
on his sailboard
in the South Wave Break Island Channel resulting in minor
injuries and damage.
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Title:
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Incident date: 10/04/2015
Category 3
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Category:
CaseMan no: GC40968
(N/A for TOMPA incidents)
Stephen Knowles
Position
Marine Officer Grade 3 - MSI 104550
Division
Maritime Safety Queensland
Regional office
Gold Coast
Address
40 - 44 Sea World Drive, Main Beach 4217
Contact number
07 55851816
Email
stephen.g.knowles@msq.qld.gov.au
Report date
15 June 2015
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Investigator
Marine incident investigation report
135 -04257 Form
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- Page Number: 1 of 22
F3072 ES
v04 Sep 2013
Page 1 of 13
Summary
Regional office: Gold Coast
DMS File No: 230/00609
Incident date: 10/04/2015
Time of incident: 11:32hrs
Category: Category 3
Date reported: 13/04/2015
Incident type: Collision Between Ships
Officers attending:
Contact No:
QPS attended:
Officers attending:
Contact No:
QAS attended:
Officers attending:
QBFP attended:
Officers attending:
Aquatic event:
(copy of permit attached)
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MSQ attended:
Contact No:
Contact No:
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Evidence
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Restitution
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Example: costs of oil response, damage to beacons, total cost of repairs and so on (attach quotes / invoices to report)
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Location
Latitude:
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Body of water / landmark: MA 12 - South Wave Break Island Channel, Labrador
-27.9461
Longitude: 153.4164
Latitude & longitude must be recorded in decimal format for entry into the CaseMan system. All coordinates in deg/min or deg/min/sec
format must be converted to decimal degree format for entry. For example 16°30'S would become -16.5000 degrees.
Conditions
Weather: Clear
Calm
Tide:
Incoming
Visibility: Good
Wind:
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Water:
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Smooth waters (incl. tidal rivers & creeks)
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Waters:
Moderate (force 3-4 / 7-15 knts)
Pollution
Source
Pollutant
Ship:
Sheen:
Land:
Diesel:
Unknown:
Bilge:
HFO:
Extent
Other:
or
Size of slick (length and width in metres)
Litres
135 -04257 Form
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Copy.pdf
F3072 ES
v04 Sep 2013
Page 2 of 13
Ships involved
Add ship
Remove last ship
Ship 1.
Ship name :
Jet X
Owners name:
Jetboat Extreme
Commercial
Ship class: Class 1
Ship description:
6.69 alloy monohull jet boat
Reg no:
29086QE
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Ship type:
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Owners address:
Boat mark:
Port of registry: GOLD
Registration expiry:
23/09/2015
Length (in metres):
6.69
Engine type:
Inboard (diesel)
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Registering authority: AMSA
Construction: Aluminium
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Beam (in metres): 2.38
No. of engines: 1
Last monitoring date:
Total power (kW): 308.9
Written direction:
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Previous incidents:
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Master of ship 1.
Masters name:
Masters address:
Place of birth:
Home phone:
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Mobile phone:
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Personal Information
Date of birth: Personal Information
Email address:
RUF:
Work phone:
Coercive powers used:
Statement/ROI:
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Marine licences: Coxswain & MED 2
Add deceased or injured persons on ship 1.
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Add crew on ship 1.
Add offence details for person on ship 1.
Add inj. person
Remove inj. person
Add crew
Remove crew
Add offence
Remove offence
135 -04257 Form
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F3072 ES
v04 Sep 2013
Page 3 of 13
Legislation: National Law DCV
Section: 18(4)
Suspect interviewed:
MIN issued:
MIN details:
Transcription:
MIN #:
Elements proven:
Issuing officer:
Breach duty to take reasonable care for safety of persons (master) Section 17(2)
Address:
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Name:
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Date of birth: Personal Information Role: Master
Licence number:
Expiry date: 31/07/2018
Offence recorded for ship 1.
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Address:
known by MSQ
Home phone:
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Name:
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Mobile phone:
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Email address:
Work phone:
Statement provided:
Evidence adopted:
Name:
Address:
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known by MSQ
Home phone:
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Email address:
Mobile phone:
Work phone:
Statement provided:
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Evidence adopted:
135 -04257 Form
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F3072 ES
v04 Sep 2013
Page 4 of 13
Name:
Address:
Known by MSQ
Home phone:
Mobile phone:
Work phone:
Email address:
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Statement provided:
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Evidence adopted:
Ship 2.
Ship name :
unnamed sailboard
Owners name:
Owners address:
Ship class: Recreational
Ship description:
2.4 metre fibreglass sailboard
Reg no:
unregistered
RUF:
Boat mark:
Port of registry:
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Registering authority:
Registration expiry:
Engine type:
Last monitoring date:
Previous incidents:
Master of ship 2.
Beam (in metres): 0.6
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2.4
Construction: Fibreglass
No. of engines: 0
Total power (kW):
Written direction:
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Length (in metres):
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Recreational
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Ship type:
Masters name:
Place of birth:
Masters address:
Home phone:
Email address:
Date of birth:
Work phone:
Mobile phone:
Statement/ROI:
Marine licences:
Add deceased or injured persons on ship 2.
Add inj. person
135 -04257 Form
Released
Copy.pdf
F3072 ES
v04 Sep 2013
Remove inj. person
Page 5 of 13
Name:
Phone:
Address:
Email address:
Fatality:
Statement:
Admitted
to hospital:
Hospital:
Doctor:
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Nature of injuries: 2 fractured ribs. soft tissue damage and vertigo
Role: Master
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Deceased or injured person related to ship 2.
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Add offence
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Add offence details for person on ship 2.
Add crew
Add witness
Remove witness
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Add witness
135 -04257 Form
Released
Copy.pdf
F3072 ES
v04 Sep 2013
Page 6 of 13
Summary of facts—explain incident & investigations conducted
On Friday the 10th day of April 2015, the DCV Jet X 29084QE and a sailboard were operating in
The Incident the South Wave Break Island channel when they collided.
The Jet X, a 6.69 metre alloy constructed thrill ride boat powered by a inboard diesel engine
through a jet propulsion unit, was on the return leg of a 55 minute cruise/joyride of the
Broadwater when it negotiated a shallow narrow channel known as the "shortcut" emerging in
the South Wavebreak Island Channel.
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Include full particulars
of vessels, voyage and
location of incident.
At the helm as master was
a commercially qualified Coxswain. Onboard
were a total of 11 passengers made up of 8 adults and 3 children.
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As the Jet X entered the channel, a windsurfer owned and operated by
commenced a south westerly run from Wave Break Island after turning in the shallows at the
island.
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At 11.32am,
navigated across the channel and performed a spin in the water
adjacent to the sandbank. The spin brought the Jet X to a stationary position with its head
pointing in a north westerly direction
then accelerated away from the stopped
position and applied port helm to achieve a large port sweeping turn before entering the 6 knot
area near the Grand Hotel. He failed to observe the windsurfer.
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watched the Jet X arrive in the channel at speed, spin, stop and accelerate again. He
continued to watch the progress of the jet-boat as the gap between himself and the jet-boat
decreased and on deciding that the jet-boat was not going to take action to avoid the collision,
assessed that if he altered to starboard, the jet-boat would go behind him. He was unaware that
had neither seen him or that the jet-boat was not navigating a straight course. He
altered between 10 and 15 degrees to starboard and continued some 50 to 60 metres before
realising a collision was imminent. Immediately before impact,
let go of his boom and
covered his head. He was then struck by the starboard stern quarter of the jet-boat, knocked
from his upright position and went under the stern of the jet-boat.
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came to the surface and clung to his board.
slowed and returned to
and stopped alongside him before engaging in a conversation. Another windsurfer arrived a
short time later and provided some assistance to
determined that
was uninjured and was being assisted by a friend. He
exchanged details and departed the scene
made his way ashore.
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The above incident was reported to Maritime Safety Queensland on Monday the 13th day of
The
April 2015 by both the master of Jet X and the windsurfer. As a consequence, it was detailed to
Investigation the investigating Marine Safety Inspector on the 15/4/2015.
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The incident was subsequently categorised as a cat 3 Marine Incident. Both persons involved
reported the incident as occurring on the 10th of April 2015 at approximately 11.32am.
The I/O has confirmed that ship 1, Jet X - 29086QE was issued with a Certificate of Operation for
an existing vessel. It is a alloy constructed 6.69 metre mono hull jet boat powered by a 308.9kW
main engine. At the time of the incident, it was operating within its permitted smooth water (E)
limits and being operated by Jet Boat Extreme Pty Ltd.
The master of ship 1 is identified as
DOB Personal Affairs and was found to
be the holder of both a Certificate of Competency as a Restricted (Sheltered Waters) Coxswain
Grade 1 and a Marine Engine Driver Grade 2.
135 -04257 Form
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Copy.pdf
F3072 ES
v04 Sep 2013
Page 7 of 13
Ship 2 is a sailing vessel without any mechanical propulsion. It is described as a JP slalom 66
sailboard, 2.4 metres in length and rigged with a Severne Reflex 6 sail.
The master of ship 2 is identified as
and whilst not requiring
any license, holds both a Recreational Marine Drivers License and a Personal Watercraft License.
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The tide was flooding with an expected high tide at the Gold Coast Seaway at 11.55am of
1.1metres. The wind speed was an estimated 15 to 18 knots from the south east.
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A statement was obtained from
on the 17th of April 2015. In his statement he describes
the lead up to the incident and his activity that included sailing a circuit at speeds between 15
and 20 knots within the South Wave Break Island channel between the Labrador channel and
the south western end of Wave Break Island. He recalls the jet boat first performing a spin on the
southern side of the channel before accelerating again. At this time, he was sailing a south
westerly course and the jet boat was off to his port side. The jet boat continued increasing
speed from his spin and stopped position and
who now thought he was aiming at him
performed an assessment of the risk of collision if he continued and deemed that if he did
nothing a collision would result. He then describes veering off to the west to give the jet boat
room to go under his stern. He continued to watch the jet boat over his shoulder and
determined that the master of ship 1had done nothing and a collision was imminent. He
believed he was going to be killed and immediately brought both hands up to protect his head.
The starboard stern quarter of the jet boat impacted and knocked him from the board and he
then went under the stern before coming to the surface. He further describes the masters
actions and his recovery to shore.
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provided overlays of his track recorded on a GPS worn whilst sailing. It provides a history
of tracks undertaken that morning, the alteration of course and the point of impact.
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The I/O attended the office of Jetboat Extreme on the 17th of April and was provided with a
document entitled Supporting Evidence of Marine Incident and on request, a copy of the
passenger manifest and logbook for the day in question. The supporting evidence provided by
was drafted after he had read information about the incident on a windsurfer forum
found on the Seabreeze website.
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Statements were obtained from a passenger and witnesses on the foreshore at Labrador.
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as
On the 16th day of July 2015,
in company with his Solicitor
attended the Maritime Safety Queensland office on the Gold Coast and willingly took part in an
electronically recorded record of interview. This interview focused on the failure by
in relation to his duty as a master of a DCV to take reasonable care for the safety of persons who
may be affected by his acts or omissions. [Section 17(1)(b)]. During this interview, he attempted
to claim privilege as a stand on vessel but later reluctantly admitted not seeing the windsurfer
until after impact.
whilst able to recite specific rules from the International
Regulations for the Prevention of Collisions at Sea, clearly had little understanding of the
application of those rules.
readily answered all questions and admitted not being distracted or reacting to any
onboard emergency. He was familiar with the area and knew that on windy days, windsurfers
operated in the area. He had not previously assessed or mitigated the risks associated with
operating in close proximity to windsurfers and on the 10th of April, saw 2 windsurfers
He could offer no reason or excuse for failing to take reasonable care for the safety of persons in
relation to his duty as a master.
135 -04257 Form
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Copy.pdf
F3072 ES
v04 Sep 2013
Page 8 of 13
The I/O determined that
had failed in his obligation to maintain a proper lookout
(Rule 5) and in doing so did not determine by any means if risk of collision existed (Rule 7) nor
did he take action to avoid a collision. (Rule 8)
There is no evidence to suggest that fatigue, drugs or alcohol contributed in any way to this
incident.
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acted appropriately post-incident and offered all reasonable assistance, completed
incident reports and provided additional information as requested.
135 -04257 Form
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Copy.pdf
F3072 ES
v04 Sep 2013
Page 9 of 13
Contributing factors
Contributing factors are not the cause of the marine incident but rather factors that may have contributed to the incident taking place
or it's severity. All factors that potentially contributed to the incident should be recorded here.
Human contributing factors
Insecure mooring
Commercial pressure
Insufficient crew numbers
Excessive speed
Insufficient fuel
Failure to wear engine kill switch lanyard
Insufficient maintenance
Failure to wear PFD
Insufficient planning
Fatigue
Navigation error—failure to keep proper lookout
Inadequate training of crew
Navigation error—other
Inappropriate advice to ship—Harbour Control/Port Authority
Navigation error—violation of Colregs
Inappropriate advice to ship—Pilot
Operational error—other
Inappropriate advice to ship—Vessel Traffic System
Overloading
Inappropriate instructions to crew—other
Poor communications
Inappropriate instructions to crew—poor communications
Poor ship to shore communications
Inattention
Violation of standard procedures
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Violation of statutory rules or standards
Inexperience or lack of knowledge
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Other (human):
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Material contributing factors
Bridge or navigation failure
Electrical failure
Equipment failure - other
Fuel or gas leak
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Hull failure
Inadequate stability—other
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Inadequate stability—overloading
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Other (material):
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Alcohol or drugs
Inadequate stability—shifting cargo
Inappropriate hull or equipment—construction fault
Inappropriate hull or equipment—design fault
Inappropriate hull or equipment—insufficient maintenance
Insufficient safety equipment
Machinery failure
Shore structure badly designed built or maintained
Environmental contributing factors
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Abnormal tidal conditions
Hazardous waters—uncharted hazards
Bar conditions
Heavy traffic area
Floating or submerged object
Poor visibility
Hazardous season (cyclones etc)
Sea state
Hazardous waters—coral reefs
Wash of passing vessel
Hazardous waters—lack navigation aids
Wind
Hazardous waters—shifting channel
Other (environmental):
135 -04257 Released
Copy.pdf
Form F3072 ES
v04 Sep 2013
Page 10 of 13
Findings
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Remove last finding
1. DCV Jet X involved in Marine Incident at time, date and place
2. DCV Jet X appropriately registered and crewed
3. Windsurfer undertaking both permitted and lawful activity in area frequented by similar craft
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4. Master DCV Jet X familiar with area and activities undertaken in area
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5. Master DCV admitted not seeing windsurfer - failed to keep proper lookout
6. Master DCV failed to assess risk of collision
7. Master DCV failed to take action to avoid a collision
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Conclusions
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The incident has been investigated as a Cat 3 Marine Incident and involved both a DCV and an unregistered
and unregulated sailing vessel.
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The I/O has determined that the master failed to take reasonable care for the safety of persons in relation to
his duty as a master. In arriving at the determination, the I/O considered that his failure to comply with the
International Regulations for the Prevention of Collisions at Sea significantly contributed to the resultant
collision and injuries to the windsurfer.
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A Breach Report was submitted to AMSA and it is recommended that it is progressed to an infringement
notice for the specified offence.
135 -04257 Released
Copy.pdf
Form F3072 ES
v04 Sep 2013
Page 11 of 13
Completed actions
Acknowledgement letter sent
Attached
CaseMan file closed or reassigned
Attached
Marine incident categorised
Attached
(Not applicable to TOMPA incidents)
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(Not applicable to TOMPA incidents)
Attached
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Ship inspection report (monitoring inspection completed)
Written direction issued
Photographic evidence taken
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Exhibits seized
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Witness statements
MIN issued
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Evidence
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Other
POLREP form sent
Attached
Attached
Attached
Copy attached
Attached
Attached
Copy attached
S Knowles
By whom (enter name)
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CaseMan incident, ship and person records updated and validated
Attached
135 -04257 Released
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Form F3072 ES
v04 Sep 2013
Page 12 of 13
For consideration by Compliance Section
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Further action required—copy of file forwarded for review and prosecution for specified offences.
Stephen Knowles
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Name:
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Report completed by
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Position: Marine Officer Grade 3
Name:
Greg Turner
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Report endorsed by
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Position: Area Manager (Gold Coast)
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CaseMan updated by
Name:
Stephen Knowles
Position: Marine Officer Grade 3
135 -04257 Released
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Form F3072 ES
v04 Sep 2013
Page 13 of 13
Statement of Witness
Statement Number
Date
1
17 April 2015
Statement of
Date of birth
Age
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Occupation
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Name of witness
Shipping Inspector/Authorised Officer taking statement
Position (insert position title, for example, marine officer)
Stephen Knowles
Marine Officer (Marine Safety Inspector 104550)
Region (for example, Cairns)
Base office (for example, Weipa)
Brisbane
Gold Coast
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Name of Inspector (full name)
Registered Number
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eside at an address known to Maritime Safety
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2. Since the age
craft in various forms including dinghies, ocean
Personal Watercraft Licence.
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racing yachts and sailboards. I have a Queensland issued Recreational Marine Driver’s License and a
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3. I took up the sport of windsurfing some 4 years ago and sail regularly on the Broadwater and lower
Moreton Bay area. The area I frequent on the Broadwater includes the waters on the western side of
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the waterway bounded by the end of North Street in the south to Shearwater Esplanade in the north.
This area provides consistent calm water in strong winds and is surrounded by numerous low-lying
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sand banks.
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4. I remember Friday the 10th of April 2015. On that day I took some time away from work to go
windsurfing in the area adjacent to the Grand Hotel Labrador. The wind on the day was southeast
and had an estimated speed of no more than 15 knots. As a consequence, I chose to use my JP slalom
66 board that is described as a board 2.4 metres long, 0.66 metre wide and has 108 litres of
buoyancy. I rigged it with a Severne Reflex 6 sail measuring 7.8 metres. I was wearing a red rashie
and shorts underneath a black purpose built harness and thick padded Prolimit life jacket.
Page 1 of 4
Corporate Forms Area Form F5009 CFD V01 Aug 2013
135 -04257 Released Copy.pdf - Page Number: 14 of 22
5. Whilst windsurfing on that day, I had attached a GPS, a highly accurate, speed windsurfing racing
approved Locosys GT-3 that enables me to record both my track and speed at one second update
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interval. I have a programme on my computer that enables downloading of the day’s activities and I
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am able to review, print or share through social media with others. I was using the GPS device on
this day.
6. About 11.32am, according to my GPS data, on that day I navigated a north easterly course towards
the south western corner of Wavebreak Island before turning downwind and commencing an almost
reciprocal course towards the Grand Hotel. I believe there was one other windsurfer in the area at
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this time. I was tracking at a speed of between 15 and 20 knots in the light winds when I saw that a
yellow and red commercial jet boat was now off to my approximately 45 degrees front/left site and
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also operating within the same channel. I watched him over my shoulder and saw him do a spin
about 100 meters away followed by a freestyle, swinging the jet boat’s back left and right before
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taking off again in straight line in my general direction.
7. I continued on my course whilst I monitored the jet boats’ movements and soon after determined
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that he appeared to be accelerating towards me. I kept watching as the distance between us
decreased from about 90 to 50 meters and I then made a deliberate minor course change to my right
to give the jet boat more space and at that time remember thinking he should now be pointing
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behind me as I was constantly moving forward. He didn’t and I felt as if he was aiming right at me
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and constantly adjusting his course to achieve that. As the distance between us decreased rapidly to
about 10-15 meters I knew, having many years of boating and competition water skiers towing
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experience, that there is no way collision can be avoided at that speed, estimated to be around 50
km/h. As the boat’s front was perfectly lined up with my head there was no chance to escape and at
that moment I thought it was all over and I was going to be killed. Immediately before the collision I
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brought both my hands and arms up to protect my head and turned my side and buttock towards
the boat in order to position my head as far as possible from the impact.
8. On impact with my body and board, I remember going under the right rear of the vessel before re-
surfacing. The jet boat I now know as Gold Coast Jet X was now stopped and had approached me in
the water. I was disorientated, shocked and could not believe what had just happened. I saw a
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number of people in the jet boat and the skipper, a person I now know as
then arrived and was also assisting. I provided
he could go. He kept asking if I was OK and I sa
s feeling glad to be
he other windsurfer
with my details and told him that I was OK and
s. I then said to him, “I was watching you the
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alright. I could move all my limbs and at that p
was asking if I was
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whole time and you didn’t see me?” A fellow windsurfer who came to help also asked him why he is
doing this? (He recognized this driver who came so close to him in the similar manner just week prior
to this accident. When my follow windsurfer lost the balance due to a large spray and water, this driver
came back and laughed together with the passengers and then took off.) He didn’t respond but asked
again if I was OK and if I’m ok to get to shore. I said that I was ok and being only hundred meters
from shore and surrounded by many sand banks I said I was ok to manage to get back with my
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fellow windsurfer’s help if needed.
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9. I was then assisted ashore by the other windsurfer. I inspected my gear once ashore and saw that I
had a crack in my board, the boom was damaged and I had a tear in my harness. Friends ashore had
seen the incident and over the next 2 hours supported me before eventually convincing me to get
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back on the windsurfer in an effort to face my fears or “get back on the horse” to help get over the
physiological aspect of the collision. I then fitted a new, smaller sail and spare boom to a different,
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much larger board and went out on the water for one slow run towards the Wave Break Island and
back. I started to feel the pain so I finished. During that period a jet boat from the same company
again appeared however this time stayed well away from the area and drove through the deep
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South-North channel towards the Gold Coast Seaway.
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10. I then recovered my gear and went home. I was now feeling the effects of the collision and had a
very sore chest, left ankle and wrist and also neck muscles. I thought may have broken a rib. My left
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ankle and arm had now swollen, I noted the onset of bruising to my left hip, legs and felt as though I
had strained neck muscles. Over the weekend I regularly applied an ice pack in order to reduce the
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swelling and pain.
11. I downloaded the data from my GPS and was able to clearly see my course and speed. The recorded
track for my last leg sailed pre-incident clearly showed the alteration of course to starboard and the
north.
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12. On the following Monday (13/4/15), I attended my family doctor who examined me and recorded
his findings. It was decided to wait a few days to x-ray my chest. I reported that I was suffering some
dizzy spells throughout my day. The x-ray results later confirmed some soft tissue swelling and
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undisplaced fractures. I was prescribed the medication in order to deal with my vertigo symptoms
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and I’m still receiving medical treatment.
13. As a consequence of a phone call with Maritime safety Queensland, I downloaded and completed a
marine incident report. In this report I provided my version of events and to the best of my
recollection, drew a diagram depicting my course and location together with the course of the jet
boat prior to impact. I over-laid the downloaded GPS data with Google earth and printed this out on
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an A4 sheet of paper before drawing in what I believed was the approximate location and course of
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the jet boat. The downloaded GPS data is a true and accurate record and has not been altered.
14. Later that week I attended the office of Maritime Safety Queensland where I made this statement
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and lodged my Marine Incident report.
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15. On returning home after this meeting, I unpacked and laid out the equipment that I used on the day
of the day of the incident. I took nine (9) photos of the gear with a focus on the damage. I later
Justices Act 1886
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email to the investigating Marine Officer.
I acknowledge by virtue of section 110A of the Justices Act that:
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1. This written statement by me dated 17 April 2015 and contained in the pages numbered 1 to 4 is true to the best of
my knowledge and belief, and
2. I make this statement knowing that, if it were admitted as evidence, I may be liable to prosecution for stating in it anything that I know
is false.
Signature ………………………………………………………………………………….
Signed at Main Beach this 3rd day of June 2015.
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H1 / Jet Asia Airways (JF)

New epoxy Rondar Enterprise

Mariner 25HP - Morgan Marine