« Wiki legal dictionary and encyclopedia | Main | Legal tech, tips and training guru »

Thursday, January 05, 2006

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d834202e9953ef00d834d1d29f69e2

Listed below are links to weblogs that reference Decision in the TRICOLOR Case:

Comments

I do not agree to the decission. It is my personal opinion that all the three ships were at a speed much higher than the safe speed for those conditions of restricted visibility. Secondly the Tricolor was too close while overtaking Kariba and if in doubt he should have reduced the speed and not overtaken, till the situation improves. The immediate cause of the collision was the alteration of Kariba to starboard, but ther are other contributory causes as well. This is my personal opinion.

I agree. In most cases, there are multiple causes to any accident. But the point of the original comment is well taken, that technology cannot the place of prudence on the part of human operators.

The Master of Kariba is criticised for nto havign read teh manual of a radar installed the previous day. Not having rested for 17 hrs, among other jobs in port..overseeing the installation of the radar (we all know how professionally THAT is done!), I don't think a person who has not the time to rest would read a manual.

Most probably he was confused by the radar information display (This has been noted in the 5th circuit judgement) - Was it not the owner's responsiility (ISM Code) to ensure he was familiarised with it? The error in judgement causing the alteration may have stemmed from here.

Anyway since the appeals court has asked the 5th circuit court to re-analyse the apportionment (July 2007) blaming all 3 vessels, there is some respite here.

Why was tricolor on autopilot?
Was it ot wrong to overtake at this critical point?
Commercial pressures of container and roro vessels?

Peraps the installe's services could have been retained till the next port (which was just 2 days away)

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.