First Officer Guilty, Blamed for Collision

Padmesh Prabhune

The Maritime Disciplinary Court of the Netherlands in its recent ruling has held the first officer of the Helge responsible for the collision that occurred last year on 9th September 2022 off the coast of Denmark in which a reefer overtaking a smaller, slower bulker hit the vessel.

According to the Dutch Maritime Disciplinary Court, the first officer of the Helge was at fault for the collision with Wild Cosmos. It ruled that the first officer had a major failure in performing his duty. Therefore, the collision and all of its effects could not have been avoided. Fortunately, no one suffered a major personal injury.

According to the inspectors report: “The collision took place early on the morning of September 9, 2022, approximately 20 miles west of the Danish coastline in what they highlight is a busy shipping lane. The visibility was good but note that the winds were from the east at Force 7, the sea state was rough, and there was a moderate swell. It was also dark and raining.”

It further mentions that the smaller vessel, of 5,000 dwt was the Netherlands-flagged multi-purpose dry cargo vessel Helge, sailing with a crew of eight and operating at a speed of 8 knots in the busy lane. She was being overtaken by the Wild Cosmos, a 10,0000 dwt reefer traveling at a speed of 17 knots. The collision caused significant damage to the stern of the Helge, with water entering its ballast tanks and flooding into the engine room which caused the ship to blackout. The crew abandoned ship into a life raft and was 30 minutes later airlifted to shore by a helicopter. None of the crew on either vessel were seriously injured, and the Helge did not sink; she was towed to the Port of Esbjerg in a salvage operation for repairs.

The first officer of the Helge had been on watch for about an hour and in his defense said that the second officer and lookout from the prior watch did not alert him to any issues with the Wild Cosmos. The first officer was joined by a lookout but he sent the lookout below because the person had reported he was not well. The first officer did not replace the lookout after relieving the one person.

The First Officer, who resigned from his position since the incident, had his licence suspended by the court. In addition, the court reduced the length of the suspension from that originally requested by the inspector in the case due to his cooperation with the inspectors and his understanding of the error made.

While many find it a surprising judgment, the Dutch inspector however finds that the smaller vessel being overtaken was primarily responsible and referred the officer on watch for disciplinary action.

The court concurred with the inspector’s extensive report saying that the first officer of the smaller ship “seriously failed in his responsibilities.” They however added an important note calling special attention for vessels sailing at slow speeds in busy lanes and being approached from behind, moreover emphasizing the critical use of radar and recommended a setting of “radar center” as opposed to “off center” to maintain good visibility behind a vessel.

The jury also believe the first officer lacked situational awareness and he did not react in an attempt to prevent the collision. They, however, acknowledge the Wild Cosmos also had an obligation to maintain a safe distance between the ships.

The court reduced the recommended suspension from the inspector’s report and gave the first officer a total of eight weeks of suspension of his navigation license, out of which four weeks will not be imposed unless he “behaved contrary to his duty of good seamanship” in the future.

They, however, also imposed a two-year probationary period.

-Marex Media