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To avoid collisions, apply the Regulations !


Thanks to Mr Lucien Breton, retired Chief Officer of Maritime Affairs, former Head of the Safety Centre in Saint-Malo, who allows us to publish the article below initially released in "Le Marin" (31 August 2007)



       Everybody agree to denounce the repetitive nature of the collisions at sea off our coasts and regret the endless lengthening of the list of fishermen who are uselessly loosing their lives while looking to earn their living.
But what’s more concrete is done to dry up as far as possible the tragic litany of fishing vessels implicated in maritime casualties, in addition to the pity full circumstantial statements ? Not many things actually.

       The findings are clear : the collisions originate from lacks of watch at bridge. These lacks are themselves the result of manning the ships with crews insufficient both in quantity and qualification. But it is not wholesome to set up seamen against seamen, while seeing only sinister brutes on the one hand, and, on the other hand only valorous professionals.

       Such an inconsistent manicheanism, sometimes guided by annex and hidden interests, is sterile. Already in 2002, the BEA mer (Bureau Enquètes Accidents mer, the French organization in charge of investigating the maritime casualties) was highlighting that if the quality of the watch was often too inadequate on board foreign commercial ships, it was hardly better on board of a lot of French fishing vessels. As the situation did not improve since this justified statement, there is a need to search for efficient and practical solutions while having the courage to face with the reality.
 



Merchant Shipping : To correct insufficient manning

       As far as merchant ships are concerned, it is illusory to hope amending at short and middle end the Geneva and Mondego Bay Conventions which are ruling the principles of the freedom of the Seas, the free registration of ships and the sovereign immunity of the Flag states, through presenting robust legal bases to Flags of conveniencies.

       With the aim to remedy to insufficient in number and quality manning on board these ships, the French Maritime Authorities could however discuss with the European Commission to manage the effective implementation, within the scope of the European Union, of the arrangements of two Conventions of the International Maritime Organization (IMO): the first one, STCW95(*) (Standards of Training, Certification and Watch keeping) and the second one, the ISM Code (International Safety Management Code).

       To quote a only precise example, the simple observation of the sub-section which stipulates that “a minimum of 10 hours of rest, including 6 consecutive hours, is imperative in any 24-hours period” is likely to upset many work arrangements, mainly on board foreign coasters. Such a suggestion is surely much more realistic than the delirious request for the systematic control of all the ships sailing the Ouessant rail.

Fishing: To changes the mentalities

       With regard to fishing vessels, the ambitious target “make the safety part of the culture of the fishing trades” set up by the Minister in 2011 was short-lived. The matter must now be again worked. This is a most hard task as it requires to change the mentalities. This task need not the introduction of new regulations but need to make effective the implementation of the existing texts and, in particular, the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs 72). It requires that a firm action be conducted in the fishing world with a huge part of consultation and educational skills. The problems are to be solved without blinkers and are well known for years.
On board fishing vessels :
  • a visual and auditory pertinent watch shall be permanently carried out.
  • All the navigational aids shall be used to set up the collision risks (Radar, radio equipment, anti-collision system…).
  • The Watch shall only be assigned to a certified person who is well aware of the steering and sailing rules. This person shall be fit to do the watch and shall have a basic knowledge of the English language.
  • the Skipper cannot permanently assume this duty, decisions addressing the Safe Manning of the vessels registered for coastal and deep sea fishing shall be re-examined within this scope and with the aim to give the priority to Safety and not to saving concerns.
  • The notion of “privileged ship in fishing” (and not “priority ship”) does not rule out ship handling to avoid collisions.
  • Fishing lights and shapes shall be obviously displayed neither when En route nor when in harbour so as to be seriously taken into account
  • The Watchman shall not take care of fishing apparatuses (Sounders, remote controls dealing with the stern) as a priority. The Watchman shall not neglect to listen to the Radio rescue frequencies for the benefit of fishing frequencies.
  • The location of TV set is forbidden at bridge.
  • Granting dispensations to the principles of professional training shall be drastically reduced.
       The implementation of all these obligations originating from common good sense is a huge challenge for the Public Authorities, the Professional Organizations, the Crews and the Maritime Training Institutions. This implementation may enable to come off the hypocrisy which surrounds these often taboo subjects. This is almost a cultural revolution which is much more difficult to handle than the validation by the IMO of the installation of specific revolving lights on board fishing vessels. It is however the indispensable condition to reduce the number of collisions at sea and, as a corollary, the number of Seamen who are loosing their life in such events.

(*) Additional Note: The STCW Convention.
This Convention was adopted in 1978 in London. It was subsequently amended in 1995 in London and in 2010 in Manila. The latest amendments provide for :
  • a minimum of 10 hours of rest in any 24-hour period; and
  • 77 hours in any 7-day period.
for those seamen engaged in watch duties.
In addition, the ILO (International Labour Organization) Maritime Labour Convention 2006 (MLC 2006) on record keeping provides that every seafarer hour of work and restshould comply with the following rule:
The maximum hours of work shall not exceed:
  • 14 hours in any 24-hour period; and
  • 72 hours in any seven-day period; or
The minimum hours of rest shall not be less than:
  • ten hours in any 24-hour period; and
  • 77 hours in any seven-day period.
The MLC 2006 was adopted at Geneva in 2006 and shall enter into force in August 2013.


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