[QUOTE=z-drive;148782]My concern is that if i sign off on a guy as competent in say towing alongside, and then a year later he’s out towing alongside, knocks over a bridge and kills a few dozen people, I am sure my ass will be hung out to dry as well. How could he possibly be competent if he knocked the bridge over and killed people? You said he was competent; obviously not, because accidents never happen. A lot of guys have that concern and that’s what comes into play.
I do agree on all the other bullshit items. But its common, as the “top” tugboat companies don’t want Master/Mate of towing, which is %100+ legal to operate any of their tugs/barges, they demand say 1,600 ocean master for both mate and captain. Its good for us who have the license, but cheapens the whole master of towing license in my eyes. That’s customer driven i think. I just hate my license says not valid after December 31 2017 on vessels equipped with ECDIS. I hate negative endorsements; but do realize they are here to stay in the name of trying to get on the same page with the rest of the world.[/QUOTE]
That is not a realistically practical concern. “I’m sure my ass will be hung out to dry” is grossly overstating the risk. Its highly unlikely. Its a question of “proximate cause.” Proximate cause is a legal principle that places limits on liability for events that are “too remote” in time and space.
For example, suppose that you get into a traffic accident with another car and its your fault. You will be liable for the damage and injuries in the other car. But suppose that you got into this accident while driving near JFK Airport, and a piece of your car flew up and got caught on a Boeing 747 as it was taking off and retracting its wheels. Then suppose that that piece of your car fell out as the plane put its landing gear down on the approach to LAX, and that piece of your car fell through the roof of an office building in LA and killed five people. But for your negligence in getting into a traffic accident in New York, that piece of your car would not have killed five people in California. So are you also liable for the deaths of the five people in California? No, because the principle of “proximate cause” says that deaths in California were too remote in time and space from your negligence in New York. This may be an extreme example (about as extreme as “I’m sure my ass would be hung out to dry”), but the extremes define the middle.
While it is theoretically possible that a DE that signed off someone on a TOAR (who later has a catastrophic accident) might get sued, the risk of that is quite small. The odds of someone prevailing on such a claim against a DE are much smaller. I do not consider that risk a serious concern in comparison to all the other risks we take everyday. If this were not so, no one would ever take the risk of training anyone to do any task that involves risk. (A DE that pencil whips a TOAR might be a different issue). That said, anyone who is a DE would be wise to disclose that on their MOPS application form, and obtain assurances from MOPS that any claims arising from their acting under the authority of their license as a DE are also covered.
A more practical problem is that most tug companies expect their DEs to do TOARs for free. And too many DE’s see every TOAR candidate as “another guy that wants to take my job.” If a guy has DE and is expected to do TOARs, he should get something extra in his day rate for having DE, and/or he should get paid extra when he actually does a TOAR. Its unrealistic to expect DEs to do TOARs for free. When DEs start getting paid for doing TOARs, most guys will want to be DEs, and getting a TOAR completed won’t be a several months long ordeal. In the meantime, most guys who want to get their TOAR completed would be better off just taking a commercial course.