Date of Offence: 28th Oct. 2001
Offences: Failure to keep a proper look out, and having inadequate, time expired and insufficient lifesaving equipment on board.
Details: At a hearing on 7th May 2002 at Weymouth Magistrates Court, the owner of the 15 metre motor yacht "MANDATOR" was convicted of both offences. During the evening of 28th October last year the "MANDATOR" struck the breakwater at Portland at high speed, causing extensive damage to the vessel and injuring one of the passengers. All three people on board were later rescued by the Weymouth Lifeboat. The "MANDATOR" was salvaged and taken to Hamble by barge for repairs. When the vessel was inspected by the Maritime and Coastguard Agency’s Enforcement Unit it was discovered that the distress flares were severely out of date, the lifebuoys were in a poor state of repair and they were not fitted with light and smoke floats as required by safety regulations.
Mr Alan Fairney, Principal Surveyor at the Southampton Marine Office said after the case that:
“Whilst nobody at the MCA would wish to see the leisure use of the sea unnecessarily regulated, owners of large motor cruisers do come under the scope of the Collision Regulations and over a certain size the Lifesaving Saving Appliance Regulations. Mr Shipley endangered himself and his passengers both by passing so close to the breakwater at speed and in the dark without keeping a proper lookout, and by failing to ensure that vital safety equipment was in good order. Fortunately the prompt response of the RNLI meant that Mr Shipley did not need to call upon this equipment after the accident.”
Penalty: £1,500 for failing to keep a lookout, £1,000 for the offences relating to the flares and lifebuoys, plus costs of £3,500.
Defendants: Mr Andrew Scott (Owner)
Mr George Wood (Skipper)
