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Obligations of skippers to respond and assist in distress situations

Posted 9 months, 5 days ago

Obligations of skippers to respond and assist in distress situations
The SAMSA Marine Notice No. 21 of 2007 reminds skippers of their obligations and responsibilities to respond and assist in distress situations. During the recent investigation in to the loss of a small fishing vessel, where two crew members lost their lives, the survivors stated that two red parachute flares were fired from the liferaft. The weather conditions were clear and would not have reduced the distance at which the flares would have been seen. They also stated that no assistance was received from fishing vessels which were visible near by. This leads the Authority to conclude that either; a. A proper lookout was not being kept; or b. The catching of fish is viewed as more important than saving human lives. If either or both of the above reasons led to the lack of response, the Authority takes an abhorrent view of both the contraventions of the Merchant Shipping Act, 57 of 1951, and the loss of a tradition of the sea which requires a skipper to immediately cease any activity and render assistance. The Merchant Shipping Act 57 of 1951 states; “316. No person shall— f…… refuse or fail to give all reasonable assistance, when called upon to do so, ..” The sanction for contravention of this section is a fine or imprisonment for a period not exceeding one year. The Merchant Shipping (Safe Manning) Regulations, 1999, Annex 1 Part 1 states, “Principles to be observed in Keeping Navigational Watch; 11. A proper look-out shall be maintained at all times in compliance with rule 5 of the annex to the collision regulations, and shall serve the purpose of — (c) detecting ships or aircraft in distress, shipwrecked persons, wrecks, debris and other hazards to safe navigation.” Quite clearly there is a legal obligation to respond and assist in a distress situation and the Authority will not hesitate to prosecute where a skipper fails to respond to a distress signal. Full Story »

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