Conception Indictments

[lexvil]

Cocoanut Grove fire - Wikipedia

It reminds me of this, lots of development in codes, which will probably make anything close to live aboard diving in California more exclusive because of the increased operating expense.

The difference is the Grove deliberately hid and blocked exits, conception was in compliance with the regulations as far as structurally required. New regulations are needed but application to boats makes things that sound simple actually can be quite complicated.

Emotions aside this is not a slam dunk prosecution, the documentation shows compliance.

 

[Basking Ridge Diver]

A better example of following compliance and rules leading to a tragedy...

The "Our Lady of Angels" school fire anniversary (Dec. 1, 1958) in Chicago where 92 kids and four nuns lost their lives. A good read and all of it was preventable.

 

[johndiver999]

The difference is the Grove deliberately hid and blocked exits, conception was in compliance with the regulations as far as structurally required. New regulations are needed but application to boats makes things that sound simple actually can be quite complicated.

Emotions aside this is not a slam dunk prosecution, the documentation shows compliance.

From what I have picked up by reading about the incident, the compliance issue seems to be primarily associated with the failure to provide a "roving night watchman", something I was unaware of before reading about this incident. This would be an operational, rather than equipment/physical compliance issue.

If the crew/staff have (and will confirm in court) that the SOP was to never provide the required roving crew assignment, it seems like the case could be rather simple to comprehend.

What excuse would the captain and operator be able to raise?

 

[kelemvor]

The difference is the Grove deliberately hid and blocked exits, conception was in compliance with the regulations as far as structurally required. New regulations are needed but application to boats makes things that sound simple actually can be quite complicated.

Emotions aside this is not a slam dunk prosecution, the documentation shows compliance.

They had procedures which must be followed (the roving watch) which can't really be inspected by USCG. I'm pretty sure that crew (and maybe captain) have already admitted they weren't following the procedures so I would expect this to be exactly a slam dunk.

Hopefully other captains and owners will take this stuff (and any new regulations) seriously in the future. Really, that's about all you can get out of something like this. New regulations, increased compliance with regulations. I think customer awareness is not a likely positive result as the regulatory requirements are far too complex for most laymen to understand just based on the other lengthy thread on the topic.

 

[nolatom]

More than you might ever want to know about the Seaman’s Manslaughter Statute:
https://www.blankrome.com/siteFiles/publications//490C53F432B10A6F13741CE1A4E43E6C.pdf

 

[johndiver999]

Also, I regret my word selection as "incident"...I should have used "tragedy", or something that conveys the seriousness.

 

[VikingDives]

Press release from the US Attorney's Office:

The indictment alleges that Boylan caused the deaths of 33 passengers and one crewmember “by his misconduct, negligence, and inattention to his duties.” The indictment cites three specific safety violations:

• failing to have a night watch or roving patrol, which was required by the Code of Federal Regulations (CFR) and for over 20 years was a requirement in the Conception’s Certificate of Inspection issued by the United States Coast Guard;
• failing to conduct sufficient fire drills, which are mandated in the CFR; and
• failing to conduct sufficient crew training, which was also required by the CFR.

10 years for each count, potentially.

 

[lexvil]

They had procedures which must be followed (the roving watch) which can't really be inspected by USCG. I'm pretty sure that crew (and maybe captain) have already admitted they weren't following the procedures so I would expect this to be exactly a slam dunk.

Hopefully other captains and owners will take this stuff (and any new regulations) seriously in the future. Really, that's about all you can get out of something like this. New regulations, increased compliance with regulations. I think customer awareness is not a likely positive result as the regulatory requirements are far too complex for most laymen to understand just based on the other lengthy thread on the topic.

They had procedures which must be followed (the roving watch) which can't really be inspected by USCG. I'm pretty sure that crew (and maybe captain) have already admitted they weren't following the procedures so I would expect this to be exactly a slam dunk.

Hopefully other captains and owners will take this stuff (and any new regulations) seriously in the future. Really, that's about all you can get out of something like this. New regulations, increased compliance with regulations. I think customer awareness is not a likely positive result as the regulatory requirements are far too complex for most laymen to understand just based on the other lengthy thread on the topic.

the definition of roving watch will likely be the cornerstone of both the prosecution and the defense.

 

[lexvil]

Press release from the US Attorney's Office:

The indictment alleges that Boylan caused the deaths of 33 passengers and one crewmember “by his misconduct, negligence, and inattention to his duties.” The indictment cites three specific safety violations:

• failing to have a night watch or roving patrol, which was required by the Code of Federal Regulations (CFR) and for over 20 years was a requirement in the Conception’s Certificate of Inspection issued by the United States Coast Guard;
• failing to conduct sufficient fire drills, which are mandated in the CFR; and
• failing to conduct sufficient crew training, which was also required by the CFR.

10 years for each count, potentially.

The second two will, absent documentation, be nearly impossible to defend.

 

[drbill]

Having dived off the Truth Aquatics boats a number of times and knowing Glenn personally, I find this sad all around. Very sad for those who lost their lives in this tragedy and their family and friends, but also sad for what has been a very good operation over the years.