Investigation of a Marine Accident
(In accordance with Article 166 of the Shipping (Jersey) Law 2002)
JY1553 “Navigator”
Background
The incident on Thursday 17 July 2014 involved the engine failure and subsequent swamping of a small sports craft being used for pleasure trips from Gorey. The vessel was operating under a permit issued by the Harbour Master in accordance with the Harbours (Inshore Safety) Regulations 2012.
It was hired from the Jersey Sea Sports Centre and driven by one of its staff. There were four young persons as passengers as part of the recreational programme organised for visiting STS students. The outcome was fortunate in that there were no injuries. Resolution was quick and efficient.
Notwithstanding the satisfactory outcome, the incident had the potential to have become more serious. There were freshening winds from the east and had the vessel sunk before aid could reach them, the youngsters aboard could have quickly been in real danger.
The Investigation
As a result of this background, it was decided that an independent inspection of the vessel was warranted. Additionally, the Harbour Master reviewed the conditions under which the Sea Sports Centre operated the vessel and the Registrar of Shipping interviewed the driver and made enquiries with the Coast Guard and the RNLI. The sole purpose, as normal on such occasions, is to establish facts and ascertain whether there were safety lessons to learn.
Considerations and Issues Arising
Personnel Recovery – the driver and passengers were quickly transferred to a second craft operated by the Sea Sports Centre. The proximity of this vessel and its ability to respond were vital to the successful and safe rescue.
Vessel Recovery - This was carried out quickly and efficiently by the RNLI.
The Weather – Although the weather was fine and the 1000h official report shows just a Force 3 wind from the north-north-east, the wind was freshening and conditions were approaching the safe operating limits by noon. By 1230 the actual wind speed at Les Ecrehous was at the low end of a Force 5 and by 1400 this was gusting to a Force 6. It is noted that there was a meteorological department warning issued that morning which indicated strong easterly winds could be expected. The east coast is clearly vulnerable in those circumstances.
The Inspection – This was carried out by Coxshall Marine Electronics & Surveying, an established Jersey marine surveying company. The Report gives a useful account of the facts concerning the condition of the vessel as found after it had been recovered and taken to the boatyard.
Although not a contributory cause of the initial failure of the engine, the condition of the vessel appears to have been a cause for concern, especially given its commercial use for private hire. The condition may of course have deteriorated compared with how it would have been seen before the incident. Additionally, some preliminary work on saving the engine had commenced before the inspection could take place meaning that for example the battery was no longer secured and the fuel hose disconnected.
Notwithstanding this position, the inspector was able to indicate certain possible causes of failure and subsequent swamping.
The Engine Failure – There is no certainty as to why this occurred and importantly there is no evidence of poor engine maintenance. It is noted that a fuel hose could have come apart. Additionally, the driver explained at interview that when the engine cut out the sea was beginning to get rough. He checked the fuel tank. Although he thought there was enough for ‘one or two more trips’ he decided that the tank would benefit from being topped up. This was done but the engine again failed to start. An alternative possible cause of the incident is therefore that in the increasingly sloppy sea conditions, the quantity of fuel was not adequate to prevent air being taken up as the craft rolled. Hand-pumping before restart was attempted could have either been inadequate or caused the carburettor to flood. Either would prevent a successful restart.
The Swamping – This is likely to have been a combination of factors. A small craft such as this one may start to take on water in moderate sea conditions when stopped. It is possible that the condition of the vessel may have contributed to the speed with which water was taken on board. It is also noted that the engine power was 24hp above the manufacturer’s recommended maximum and the extra weight may have caused the stern of the craft to sit low in the water when stopped.
Qualifications of the driver – The driver possesses a valid Level 2 National Powerboat Certificate, as is required for this type of operation. However, the law also requires that he should have undergone basic sea survival and either he or another member of the crew should have undertaken basic First Aid training.
Age of the Driver - The driver was sixteen years of age. The minimum age to be in charge of a commercial vessel is eighteen.
Actions Taken
A license to operate for the 2014 season had been issued to the Sea Sports Centre by Jersey Harbours. As an initial outcome of the investigation new license conditions were added to reinforce the safety measures for this type of vessel hire -
- Where more than one vessel is operating, they are to be close to each other & capable of providing safety back-up – this was the case but it needs to be a license condition.
- Single vessel operations to be wholly in sight of the beach concession operator, with safety boats available.
- The authorised total maximum number of people on board each particular craft should be stated on the licence.
- A kill-cord should be fitted and used at all times.
These additional conditions do not relate to any failure on the part of the driver or the Sea Sports Centre regarding this incident. Instead, they represent some safety improvements to the system of issuing licenses to operators generally.
The vessel was re-examined before being allowed back into operation. This is standard procedure but was particularly important given the inspector’s view that the vessel’s condition was a cause for concern.
The Harbour Master has formally interviewed the owner of the Sea Sports Centre, the skipper and the supervisor on duty on the day. This should leave no doubt as to the potential seriousness of the incident. Failure by any operator in the future to ensure close adherence to the Safety Code governing such operations would raise the possibility of prosecution and jeopardise their license to operate.
Actions required
Operators of pleasure vessel concessions which ply for hire in Jersey are reminded to ensure that, in addition to the basic certificate of competence for taking charge of the relevant craft,
all drivers and skippers employed by them:
- Must possess a basic sea survival course certificate;
- Must have reached the age of eighteen years.
The skipper, or where applicable, a member of the crew, must also hold an approved elementary First Aid Certificate.
These are legal requirements and cannot be avoided.
Recommendations
- To the Harbour Master - The Harbour master is recommended:
- to review the conditions attached to permits and ensure that all relevant issues highlighted by this incident are covered;
- to carry out additional spot checks on operators during the season to ensure the vessels used are in good condition and that the personnel are appropriately qualified.
- To operators of pleasure vessel concessions - In addition to any weather or other limitation imposed by the permit issued under the above-mentioned Regulations, all operators should –
a) take careful note of weather conditions and the direction of the wind in relation to the day and area of operation,
b) to be fully aware of the propensity of small power craft with a low freeboard to take on water in moderate sea conditions,
c) to be fully aware that such craft may not float level when swamped, and
d) ensure that engine power does not exceed the maximum recommended by the craft manufacturer.
Jersey Maritime Administration / Maritime Compliance / Economic Development Department
08 January 2015
gov.je