CHAIRMAN’S REPORT 10/07

January 8th, 2008 by JCB
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For those that don’t as yet know, our secretary, Monica, has been seriously ill recently, and has spent some time in hospital. She is now at home convalescing, and I’m sure that you will all want to wish her a speedy recovery. For the time being the T&G have provided a temporary secretary but my advice to everyone is that if you wish to contact the section committee you should use their home details. Also, any financial matters to be dealt with should be addressed directly to our treasurer and here I must congratulate John Pretswell on his efforts to make the subscription side more “electronic”.

The IDM went ahead in September, although was in jeopardy at one stage due to lack of members. There was general debate about apathy within the membership, status of a pilot, affiliation to T&G, ABP Humber Pilots, MarNIS, ETCS. I shall forward a copy of the final notes to each local secretary in the near future,

The IMPA/EMPA safety week was from 8^th to 14^th October. Completed forms will be sent to IMPA, who are compiling a report.

MAIB have recently released its report into the collision between Alaska Rainbow (pilot onboard and 2 tugs connected) and Sea Express 1 (PEC holder) on the River Mersey. For those that haven’t seen it, it is available from MAIB’s web site. Two factors mentioned in the Conclusions are that the pilot was not proactive in requiring support, which increased his workload; and that neither the pilot nor the master had ordered the fog signals to be sounded (although VHF communication had taken place).

A quick survey of some districts has shown that it is not uncommon for fog signals not to be sounded in narrow rivers, especially whilst manoeuvring with tugs fast. In this case Alaska Rainbow would have needed to sound one long and three short blasts every two minutes, and each tug one long and two short every two minutes. Clearly this could be seen as causing a significant distraction. Perhaps each district should look at its own procedures for fog. We are all seamen, and know that the rules apply to all waters, however, there is provision for “local rules” to apply. In this “blame culture society” that we live in we should all remember that in the event of an “incident”, bodies like MAIB will look at every detail.

Several other conversations have made me look into what a pilots status is whilst on the bridge of a ship. We know from the Cavendish Report that a Pilot becomes the employee of the shipowner. Law defines a pilot as “any person not belonging to a ship who has the conduct thereof”. All the case law we have says that the pilot has the conduct of the ship, and is entitled to all assistance he can get from the Master and crew. The Master should only intervene where he has misgivings as to the wisdom of the pilot’s proposed course of action, or if in immediate peril. This is a very important point. There is a wide held misconception that pilots are not in control of the manoeuvring, and are merely advisers to the Master. Yes, we do advise, but we should also have the con of the vessel.

Two cases were mentioned to me recently; one where the Master took control off the pilot approaching the berth – then hit a berthed ship, and another where the Master took control, then ignored the pilots advice, and took a long time to berth the ship. The ship was sent an invoice for the extra time that the labour was standing by, and the pilot was asked by his CHA to explain why it took so long for HIM to berth the ship.

My advice, and the advice of our solicitor, is, in cases where the Master takes “control” of the vessel, that you inform your VTS/CHA by VHF – if only to protect yourself. You may be thankful that you did if there is an incident. Having taken the control, I would also suggest that pilots continue to offer advice – it is up to the Master whether he continues to disregard it.

I have raised my concerns on this subject with DfT – mainly as a result of the P&I Club findings into “pilot related claims”.

Conference 2008 will take place at the Crown Hotel, Harrogate, on May 15^th and 16^th. We are working on final details and will send out information in the near future. I hope that changing the venue and date will entice a few more people to attend. Harrogate is a great place for shopping, and has many attractions. There will be a golf day on the 14^th prior to Conference.

It would be remiss of me not to mention insurance! The process for renewing has not been without its complications, although for the majority, a smooth process. We have been assured that it will be better next year. Unfortunately a small number of pilots have chosen not to renew their insurance, and it has been my regrettable duty to cancel their UKMPA membership; this at a time when we can do without losing members.

Section committee continue to serve all pilots to the best of their abilities, and we have each taken on extra work with Monica being ill. However, technology is an aid, and we move more information by e-mail and the web site. It would be useful to have each local secretary’s e-mail so that we can cut down on paperwork in the post.

There will be some changes to payments for the Pilot, to be introduced next year. These mainly affect retired pilots, but also pilots who retire between the annual renewal date (July). A separate note is included in this magazine on P14.

Best wishes to all.

Joe Wilson