Volume 7: Number 1: June 2000

RISK WATCH
The Britannia Steam Ship
Insurance Association Limited

Collision Avoidance
In the last edition of Risk Watch advice was given as to how
the UK Court of Appeal recently interpreted Rule 17 of the
Collision Regulations.
In another case currently before the

of one another then apply and that

Courts in the UK, consideration is

action, including (if appropriate) the

being given to the way in which

requirement to stand-on, must be taken.

collision avoidance action should be

taken by ships navigating in restricted

In practice of course, the action required

visibility which subsequently come into

once ships come into sight of one another

sight of one another.

will depend upon the distance between

them at this time. However, we stress the

Rule 19 of the Collision Regulations

earlier obligation upon ships navigating

applies to vessels not in sight of one

in restricted visibility; where a risk of

another when navigating in or near an

collision exists they must take action in

area of restricted visibility. Where risk of

ample time. We can do no better than

collision exists, avoiding action should

quote from the decision in the Maloja II

be taken in ample time. Bold alterations

handed down by Mr Justice Sheen:

of course are the norm.

Ifa careful radar look-out had been
Where the ships subsequently come into

maintained on both ships they would

sight of one another, doubt may exist as

have realised by the time the range

to whether both ships remain obliged

had closed to 4 or 3 miles that a

to comply with Rule 19 or whether these

dangerous situation was building up.

obligations are superseded by those

It was then the duty of both ships to

imposed under the rules governing the

make a bold alteration of course to

conduct of vessels in sight of one

starboard. I regard the failure of both

another, in particular Rules 15 and 17.

ships to take this action as a most

In the past, the Courts have consistently

blameworthy fault in the navigation

found that the rules for vessels in sight

of each ship.
The structure of the Collision
Regulations is designed to ensure that
whenever possible ships will not reach
a close-quarter situation in which
there is risk of collision and in which
decisions have to be taken without
time for proper thought.

RISK WATCH The Britannia Steam Ship Insurance Association Limited

Custody Transfer Sampling a single and representative

fuel sample during bunker delivery
We are grateful to Rex Lim, Managing Director of DNV
Petroleum Services, for highlighting the need for a single
acceptable bunker fuel sample and describing a practical
way of achieving this.
Due to the non-homogeneity of bunker

To standardise this practice, DNVPS has

fuel, the importance of obtaining a

designed its own tamper-evident, reliable

representative fuel sample, which is

and cost-effective sampler system,

acceptable to all parties, during a

although it does point out that other

bunkering operation cannot be over-

companies are free to copy the idea and

emphasised.

make their own sampler.

One of the leading marine fuel testers,

Sampling is carried out by the continuous

DNV Petroleum Services (DNVPS), is

drip method throughout the duration of

campaigning for bunker samples to be

the bunkering. A needle valve on the

taken at a single agreed point so that

sampler is used to control the drip rate

the one sample can be accepted by all

during sampling. An anti-tamper security

parties in a bunker dispute. The point of

cap is used to seal the needle valve. This

sampling advocated by DNVPS is the

is to prevent unauthorised closure of the

custody transfer point at the end of a

valve or adjustment of the drip rate during

riser or convoluted bunker hose to

bunkering. The sample is collected in a

ensure that the fuel is thoroughly mixed

disposable plastic container and a new

at the time the sample is taken.

container is used each time a sample is

collected. The container is screwed onto
the sampler and a serialised tamperevident seal with a unique number is
threaded through the security cap and
container. The container is also weathertight to prevent sample contamination
from rain, dust or cargo.
Once the sampling has been completed,
the seal can be broken in the presence
of all involved parties and the fuel can
then be shaken and sub-divided into as
many containers as needed.

For further details contact

DNV Petroleum Services in Singapore
Telephone: +65 779 2475
Fax: +65 779 5636

Personal injury warning about mooring practices

A case, recently handled by the Association, involving a
double fatality which occurred during a mooring operation,
has highlighted the risks posed by taut mooring lines.
In this case, a mooring line had become

Ideally any line thought to be

snagged on a fender and was under

snagged should be slackened prior

extreme tension. Personnel aboard the

to the cause of snagging being

ship and ashore were leaning directly

investigated. This can be done by

over the line in order to see why it was

running the line out from the

not running freely. Just at this time the

mooring winch. The bridge watch

line suddenly released striking both

must also be alerted to ensure that

men with a whiplash effect; both are

the Master and Pilot are aware of the

believed to have died instantly.

problem and that matters are not

made worse by adverse engine or

In order to avoid such incidents those

tug movements.

supervising mooring operations are

asked to ensure that the ships crew are

Shipowners are asked to ensure that

alerted to this particular risk. They

this case is noted by those involved

should be instructed not to place

in mooring ships and perhaps

themselves in danger by being in the

considered during onboard safety

line of potential whiplash when

meetings.

inspecting mooring lines which are

likely to be under tension.

Any line thought to be snagged should be

slackened prior to the cause of snagging
being investigated.

RISK WATCH is published by The Britannia Steam Ship Insurance Association Limited

Tindall Riley (Marine) Limited

New City Court
20 St Thomas Street
London SE1 9RR
Tel +44 (0)20 7407 3588
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