Boat capsized in pompano beach?

[Wookie]

I was wondering when someone would mention that. Are captains expected to follow up on those instructions and actively direct their passengers to don pfd's prior to attempting to cross the shallow bar/inlet mouth when the conditions are dangerous?

Here is the text of the regulation. If this were an investigation I were conducting, I would ask the skipper if the text contained herein was posted on the vessel (the requirement is for the instructions to be posted on all small passenger vessels). Then I would ask the skipper if he complied with his posted instructions. If I were the plaintiffs attorney, I might ask if the instructions were followed, would the outcome have been different. The investigation will likely show operator error whatever happens. It's the way investigations work, unfortunately....

Title 46: Shipping

CHAPTER I: COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)

SUBCHAPTER T: SMALL PASSENGER VESSELS (UNDER 100 GROSS TONS)

PART 185: OPERATIONS

Subpart E: Preparations for Emergencies

185.512 - Recommended emergency instructions format.

An emergency instruction placard containing the following information will satisfy the requirements of ? 185.510.

(a) Emergency instructions?(1) Rough weather at sea, crossing hazardous bars, or flooding. (i) Close all watertight and weathertight doors, hatches, and airports to prevent taking water aboard or further flooding in the vessel.

(ii) Keep bilges dry to prevent loss of stability due to water in bilges. Use power driven bilge pump, hand pump, and buckets to dewater.

(iii) Align fire pumps to use as bilge pump if possible.

(iv) Check all intake and discharge lines, which penetrate the hull, for leakage.

(v) Passengers must remain seated and evenly distributed.

(vi) Passengers must don life jackets if the going becomes very rough, the vessel is about to cross a hazardous bar, or when otherwise instructed by the master.

(vii) Never abandon the vessel unless actually forced to do so.

(viii) If assistance is needed follow the procedures on the emergency broadcast placard posted by the radiotelephone.

(ix) Prepare survival craft (life floats, (inflatable) rafts, (inflatable) buoyant apparatus, boats) for launching.

(2) Man overboard. (i) Throw a ring buoy overboard as close to the person as possible.

(ii) Post a lookout to keep the person overboard in sight.

(iii) Launch rescue boat and maneuver to pick up person in the water, or maneuver the vessel to pick up the person in the water.

(iv) Have crew member put on life jacket, attach a safety line to him or her, and have him or her stand by jump into the water to assist the person overboard if necessary.

(v) If person is not immediately located, notify Coast Guard and other vessels in vicinity by radiotelephone.

(vi) Continue search until released by Coast Guard.

(3) Fire. (i) Cut off air supply to fire?close items such as hatches, ports, doors, ventilators, and louvers, and shut off ventilation system.

(ii) Cut off electrical system supplying affected compartment if possible.

(iii) If safe, immediately use portable fire extinguishers at base of flames for flammable liquid or grease fires or water for fires in ordinary combustible materials. Do not use water on electrical fires.

(iv) If fire is in machinery spaces, shut off fuel supply and ventilation and activate fixed extinguishing system if installed.

(v) Maneuver vessel to minimize effect of wind on fire.

(vi) If unable to control fire, immediately notify the Coast Guard and other craft in the vicinity by radiotelephone.

(vii) Move passengers away from fire, have them put on life jackets, and if necessary, prepare to abandon the vessel.

(b) [Reserved]

 

[bowlofpetunias]

In New South Wales the law requires every person on board must wear a life jacket when crossing sand bars. The captain passes them out and ensures everyone has one on before attempting to cross the bar. I have never seen a captain here break that rule. Capsized dive boats are awful rare here. I only know of one and there were no injuries.. everyone was wearing their vests...

 

[Ed Jackson1]

Was the captain and crewed named? Just wondering if I have been out with them before.

 

[Reck Diver]

Any opinions on whether or not the Captain will face criminal charges?

Certainly the civil suits will be coming.....

 

[Wookie]

I can't imagine why. He may have misread the ocean and the breakers at the bar, but he is certainly not the first captain to make a mistake. This is just a tragedy, nothing more.

 

[Reck Diver]

I can't imagine why. He may have misread the ocean and the breakers at the bar, but he is certainly not the first captain to make a mistake. This is just a tragedy, nothing more.

Small Craft Advisory was posted at the time. Could it be argued that the Captain was reckless for risking the safety of his passengers given the conditions?

I bring it up because the incident continues to have life. This morning on the Paul and Young Ron Radio program, they talked quite a bit about the incident.

Yes it is a tragedy, but might have been an avoidable one.

 

[DandyDon]

Small Craft Advisory was posted at the time. Could it be argued that the Captain was reckless for risking the safety of his passengers given the conditions?

I bring it up because the incident continues to have life. This morning on the Paul and Young Ron Radio program, they talked quite a bit about the incident.

Yes it is a tragedy, but might have been an avoidable one.

Not a small craft was it?

As far as suing, that call will be up to the survivors, relatives of the deceased, and their lawyers - who are obligated to do as much as they can for their clients.

 

[Wookie]

There is no definitive description of small craft, but it is generally recognized that small craft are smaller than 65 feet in length. A small craft warning or advisory is non binding, meaning that there are no rules to follow just because one is posted. As the Coast Guard themselves say, a prudent mariner relies on more than one source for maritime information.

 

[danvolker]

Not a small craft was it?

As far as suing, that call will be up to the survivors, relatives of the deceased, and their lawyers - who are obligated to do as much as they can for their clients.

Good people are obligated to do what is "Right". Some attorneys..the rare and the good, actually live by this, and attempt to do what is right. But most will use the Law to steal legally, whenever it is the best interest of their client.

Doing as much as they can may very well amount to legal theft.

You can pass this off as the way things are...or, you can smell the rank odor-- and actually say it stinks.

 

[DandyDon]

Good people are obligated to do what it "Right". Some attorneys..the rare and the good, actually live by this, and attempt to do what is right. But most will use the Law to steal legally, whenever it is the best interest of their client.

Doing as much as they can may very well amount to legal theft.

You can pass this off as the way things are...or, you can smell the rank odor-- and actually say it stinks.

That would make the lawyer to also be judge & jury. I hope no one sues, but if they do - everyone deserves their day in court if s/he is up to it.