APL England Master Charged Over Loss of Containers Off Sydney

Hi Folks…
I am an ex-Ship Master, and current but ancient Marine Surveyor in Sydney Australia. I was involved in the last two container overboard events here, but not in this one…yet. AMSA here in Australia is no longer the cornerstone of maritime knowledge that it once was, and it’s ancestors were renowned for. It is merely a bureaucracy these days, growing the business of a Canberra bureaucracy, building an empire and bugger the product (which used to be maritime safety). All Canberra bureaucracies are suffering under the same neo-liberal mindset.
Having got that off my mind, Alan Schwartz (AMSA boss) is an ex-Engineer from big ships and is a very capable lad. (in my humble opinion, imho). The legal beagles and political flunkies in AMSA are not of the same ilk, and imho, are largely to blame for the demise of proper expertise in the maritime and aviation sectors of the Canberra bureaucracies. Hence the push to blame the Master in these cases. This really illustrates that maritime law in general has not kept pace with reality. The Master is no longer Master Under God (a MUG he may well be), but is powerless in the modern world to do anything but chase paperwork all day, sort out countless surveyors/auditors/Port State pests/ Vetting vermin/garbage record book/stevedores/agents etcetecetc… To believe that a modern shipmaster has ANY power over anything to do with loading his box boat is loony. Class Societies of all flavours havve let the industry down completely, and flag states are pathetic. At the end of the day, who is REALLY taking the risk, paying for some of the stuff-ups?? P&I and Hull insurers and their Re boys…why do they not take more interest in the individual risks that they are writing??? A bit of risk prevention perhaps?? No, Because actuaries do it all…there’s an app, or an Algorithm…no problems!!
On my first day at sea as a 17 year old cadet, I clambered up the gangway with all my clobber to be greeted by the Chief Mate at the top: Tall urbane and immaculate, and a bit frightening. He said, Son, come here, I have something very important to tell you. I shat myself…I had been reading books about this and I knew he was going to send me up the bloody mast or into the bilges…but no. He simply said, Son, always remember, bullshit baffles brains!!!
He was right.
Hard Amidships all…
Dave

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Truly enjoyed your post. Many simularities in other regulating outfits across the industry wordwide.

Notwithstanding the sarcasm, it sounds like you’ve never worked a tanker, particularly an old 2-house tanker without a control room and 238 valves on deck that won’t turn themselves.

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Glad when we got aluminum valve wrenches, they were needed quite often. My wife always said my arms were bigger than my body. Update, body has caught up and passed the arms.

Class needs to not allow the vessel out of 5 year dry dock for things like that. Expecting an employee to risk their job and insist on repairs like that is asking a bit much.

Also, this illustrates the need to have an NI membership with it’s accompanying legal defense insurance.

Agree Phoenix. Class letting that vessel sail after inspection is part of the problem on signoffs out of the shipyard… Not sure when it was last inspected, but the deterioration of securing points did not happen overnite. Sorry to bring it up, but El Faro comes to mind, a much older vessel that continually passed inspection… You can lash the best you can, but all securing points must be reliable as well. Even then, mother nature can kick your ass even when or IF you took the most precautions to protect your vessel… This vessel lost power for a bit and was at the mercy of the weather. I feel bad for the Master of any rig having to experience what is happening now in this industry. Doesn’t mean all masters get a free pass, most do the best they can with the shit sandwich they are handed at times, and after the fact the owners cut a few corners.

11 posts were split to a new topic: Hot and Cold / Decks and Engine Rooms

Hi Sea Eagle, Thanks for the note, much appreciated.

Cheers

Dave

An update:

At the time of the incident, the ship was on a journey from Ningbo, China to Melbourne, Australia.

Captain Alias is due back in court on June 12.

One more opinion on this incident:


File “Note of Protest” and let the Lawyers handle it, is no longer good enough.

I’m glad I don’t have to contend with the new “culture” of blame that is now prevailing when it comes to shipping incidents around the world.

Interesting article, times have changed. Will share with my son, his wrestling pal is in charge of the lashing crew… Would recommend he share this with him as well. The shit trickles down nowadays.

In most cases I totally disagree with charging the captain, he didnt built it, staff it or maintain it.
Either the port detains it or goodbye.
Dont local stevedores do the securing, where is their liability?

we used to have an issue with truck drivers in OZ where the boss loads 80 tons on a semi and off goes the driver to get some huge fine if stopped and weighed.
Even the public got involved and said its crap the operator has the liability so they changed the law to fine the loader and not the driver.

Of course we now have B doubles, they are over 100 tonnes in the cities…
Road trains are a different thing and are restricted to where they can go

The stevedores do the lashing, If the lashing points were corroded, as the story goes that is the shipowners responsibility. It is up to who signs off on it before sailing, whatever party. It is extremely hectic just before sailing and mountains of paperwork. More reasons than not to share this article with my pals in the container industry.

Michael Grey is a very knowledgeable commentator on matters maritime and for many years was a columnist with FairPlay magazine.
When we have cases like a new build ship sailing from a yard in Europe straight into a North Atlantic crossing in mid winter with bare steel decks and the absolute minimum of coatings over the rest of the upperworks ongoing corrosion is assured.
The bottom coating and ship side may get attention at shipyard but the rest if it’s on a shipyard request is labeled ship’s staff.
If shipowners looked after an airline I wouldn’t fly with them- hell I wouldn’t like them flying over my house.

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There are, or have been, quite a few Airlines that was owned and operated by Shipowners.
Of the cuff I can think of:
EVA AIR, Taiwan:


Fred Olsen Airtransport, Norway:

Braatens SAFE, Norway:

I have flown with all of them.

There may be more that I don’t know, or remember.

Matson Airlines
American Export Airlines

Oh yes, I forgot about that one. (Don’t remember having flown with them)

BTW; TUI also operate a fleet of Cruise ships under several brands:


Not sure if they have full management, or only Hotel and Marketing and use Ship Management Companies for Nautical and Technical.

TUI Airlines have a substantial fleet and network:

TUI used to be part owners of Hapag Lloyd AG.

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