sábado, 24 de mayo de 2014

Sewol master and three crew members could face the death penalty

Alexander SpiewokSewol master and three crew members could face the death penalty

Auditor at DNV GL Group Contribuidor principal
Lloyd's List - 15 May 2014 - by Max Tingyao Lin

South Korean prosecutors bring indictments of homicide through gross negligence

QUOTE

SOUTH Korea's authorities have indicted the master and three crew members of the ferry that sank last month for homicide through gross negligence, a crime punishable by death.

Sewol capsized and eventually submerged on a routine journey from Incheon to Jeju Island, killing 281 of the 476 passengers on board.

Rescuers continue to search for 23 missing people. Many of the casualties were children and their teachers on a school trip.

South Korean prosecutors told reporters in Seoul that the 69-year-old master Lee Joon-seok, the first and second officers and the chief engineer fled the vessel as hundreds of passengers remained on board.

The four have been accused of abandoning the ship without trying to evacuate the passengers, Yonhap News Agency reported.

Prosecutors also charged another 11 crew members for negligence because they escaped off the ship before many passengers.

Sewol, which lost part of its capability to maintain stability after remodelling work to add capacity, was massively overloaded and had insufficient water in its ballast tanks when the incident occurred, according to prosecutors.

When the ship sailed into strong currents, Capt Lee left navigation work to the third officer and the crew made a sharp turn of 15 degrees.

That was why Sewol listed rapidly and sank, prosecutors said.

Last week, South Korean authorities arrested the chief executive of ferry operator Cheonghaejin Marine, whose business licences are being revoked.

Prosecutors are also seeking to detain some members of the family that owns Cheonghaejin Marine, including one based in the US.

The South Korean government has faced strong criticism for not launching rescue operations in a timely manner, prompting president Park Geun-hye to offer a public apology and her premier to resign.

The investigation has also put the roles of Korean Register and Korean Shipping Association as industry monitoring bodies under the spotlight.

At the end of April, KR chairman Chon Young-Kee resigned “to ease the pain and sorrow of the Korean people and the families who lost their loved ones onboard Sewol”, the class society said.

UNQUOTE

Comentarios

  • Alexander Alexandrov
    Alexander
    Alexander Alexandrov
    Independent Maritime Professional
    We might put Costa Concordia, Estonia, etc cases in this topic as well. It seems there is lack of MET and control upon processes? To whom belong mistakes? Is the master and crew the only guilty or it is top of the pyramid?
  • adthisaya ganesen
    adthisaya
    adthisaya ganesen
    Senior General Manager at MISC Berhad
    It is truly a very sad story. The question that rings in my mind is whether justice will be done by just penalising the Master and the crew of MV Sewol. What would be a better thing to do is fixing all the wrong and erroneous systems, processes and procedures as a top priority so that there will NOT be a repeat. By doing so, we will also allow opportunity for everyone to learn and appreciate what went wrong where.
    Jill F. y Thottapilli Anil K. recomiendan esto
  • Alexander Alexandrov
    Alexander
    Alexander Alexandrov
    Independent Maritime Professional
    In principle you are right, but since decades it is a willing only. Maybe, somewhere, somebody makes something? In practice the final guilty is the Master, despite there are many other parties concerned ashore. What do you thing about CC case: if Master maneuvered to close to the rocks what did VTS duties at the same time? Following the vessel their obligation is to advise the Master. Do you thing there is such warning?
  • John Immerfall
    John
    John Immerfall
    Maritime Professional
    What a shame all those young lives were lost. It truly is a debt that cannot be re paid. Taking the lives of the Master and his crew will not bring back those precious lives. Remove them from the industry, permanently. Give them some jail time. Make them personally apologize to each surviving family member. Make them publicly admit in detail their wrong doing. Shame them, that is what they deserve. Tsun Tsu says "when plotting revenge. Remember to dig two graves." We should pitty them. They have all those innocent lives hanging over their souls. The company should have to pay every penny they have. Selling all of their assets completely. That money should be given to surviving familes. The ferry should be rendered inoperable and sank. It should be marked and memorilized. So that all that see it can remember what happens when poor decisions become reality.
    Jill F. y Alexander A. recomiendan esto
  • Jill Friedman
    Jill
    Jill Friedman
    Unlimited master/SDPO
    Death penalty for an accident? WOW! And how will we ever get anyone to even consider becoming an officer again?

    IMHO, we have already gone way overboard in blaming the ships crew for what happens on board. In many cases, it was the actions and rulings of people on shore who caused the worst of the results of the incident. I have a feeling this case is going to be one of those.

    I still have not seen any reports of what really happened on board the Sewol. Yes, they made a "sharp turn". Why? Why would that cause the ship to list and sink??????? THAT it the important question!

    Yes, the captain and some of his officers deserted the ship before they should have. They disregarded their duties and more people died than should have. They should be punished for that.

    But DEATH??? How does anyone know how they would react if they thought their live was on the line? Is there a way to train for that? To guarantee that you would save others before yourself if it came down to that? I don't know of any such training except maybe in the military (but the merchant marine is NOT the military).

    It astounds me how little people understand about how shipboard operations really work. How little REAL authority or control even the master has anymore. Yes, of course, the crew could refuse to sail. Then the company will just find another who will. That is the truth of shipping today. There will always be someone willing to work for whatever scum operation is out there willing to pay a days wages (or even if not). Sometimes it takes real world experience and not things they teach in class to learn when you need to take a stand. I hear some of the Sewols crew was fairly new. We can't crew ALL ships with very experienced sailors. Crew need to start somewhere and learn on the job regardless of how many classes they may go to on the beach.

    Of course I am sorry for the people who were involved in this tragedy, but I really can't imagine how it would truly help anyone to just blame the crew and go right on with business as usual. Write a few more rules (that probably won't address the real problem and will mostly be ignored or gone around) and hope for the best til next time.

    I see the authorities are searching for the owner/operators of the Sewol. I hope they can find them and get to the bottom of some of the questions I have about the ships stability, procedures and manning.
    Capt Richard T. y Barista U. recomiendan esto
  • Barista Uno
    Barista
    Barista Uno
    Blogger ordinaire at Marine Café Blog
    Sadly, there is this mad rush following the disaster to place a sacrificial lamb on the altar of maritime safety. Is it to appease the gods? No. It is to appease South Korea's national conscience.
    Capt Richard T. y Jill F. recomiendan esto
  • Alexander Alexandrov
    Alexander
    Alexander Alexandrov
    Independent Maritime Professional
    Jill, excellant speach, touching in deep of the problems. We are "lambs" because are separated at all and secondly, because the only crew (Master) is at sea. The rest parties involved in the transport process are ashore in a similar working environment and "united". Community gave them rights that they are not able to perform. Their errors are coupled and reflect at sea. That is why Masters are guilty always. Our unions and professional organisation do not work properly, defending our human and professional life.
    Capt Richard T. y Jill F. recomiendan esto
  • Capt Richard Teo FNI FCILT MAICD
    Capt Richard
    Capt Richard Teo FNI FCILT MAICD
    Consultant and Change Agent
    The advent of modern management and sometimes suspect Leadership in a very cut-throat industry has sadly brought us back to medievil times where revenge, anger and very powerful emotions take over from sensible and ethical approaches. Yet we preach the 2 latter principles in all our leaderful-management schools and CPD whatsoever?

    Sometimes I shudder at how the world has become and seafaring is now not only high risk to our lives but to our very being, existence and future. Shame methinks?
    Jill F. recomienda esto
Publicado por en No hay comentarios:

domingo, 18 de mayo de 2014

Container Lines Plan Pacific Freight Rate Rise

Container Lines Plan Pacific Freight Rate Rise

By MarEx
Container shipping lines have agreed to raise Asia-U.S. freight rates by $300 per 40-foot container (FEU) to west coast ports of the U.S. and by $400 to all other ports in the U.S from May 15.

The increase was agreed by companies in the Transpacific Stabilization Agreement (TSA) which also adopted a $400 per FEU peak season surcharge effective June 15, the TSA said in a statement.

The TSA groups 15 of the world's biggest container shipping lines, including Denmark's Maersk Line, a unit of A.P. Moller-Maersk, privately owned Swiss-based Mediterranean Shipping Company (MSC), French privately held CMA CGM, China's COSCO and South Korea's Hanjin Shipping .

The container shipping industry was hit hard by the global economic downturn since 2008 and only a few lines made a profit in 2013 due to supply outstripping demand.

Spot freight rates are calculated and published every week by Shanghai Shipping Exchange and the surcharges added to that.

"Carriers continue to play catch-up on rates, which have been effectively stagnant since 2011," TSA Executive Administrator Brian Conrad said.

Transpacific container lines are experiencing a surge in eastbound bookings that began in January and is expected to continue into the second half of 2014, with vessel utilization in the mid-90 percent range via the West Coast and in the high-90 percent to full range to the East and Gulf Coasts, the TSA says.

Founded in 1989, the TSA calls itself a "research and discussion forum of major container shipping lines" serving the trade from Asia to the United States.

Liner shipping was previously organised in similar groups called "liner conferences" which met to discuss market conditions, freight rates and other common concerns.

But the European Union decided in 2006 to ban the practice as against competition rules and the ban took effect in 2008.
Publicado por en No hay comentarios:

Chile Plans New Port

Chile Plans New Port

Seeks To Boost Innovation
By MarEx
Chile president Michelle Bachelet said on Friday her center-left government was planning the development of a "big scale" port in the center of the copper-exporting country.

Bachelet also estimated about $1 billion would be allocated to foster innovation in the Andean country over the next four years as she presented a batch of pro-growth plans on Friday.

Previously red-hot economic growth in world No.1 copper producer Chile is slowing on the back of softer investment and domestic demand, creating a headache for the new president.

"We have a major challenge, the challenge of growing at a good rhythm while at the same time increasing our productivity, being more competitive, diversifying our economy and becoming less vulnerable to global volatility," she said.

Many economists have long warned that Chile, like many of its Latin American peers, is too dependent on Chinese appetite for commodities and credit-led domestic consumption.

Further details about the port plans were not immediately available. The announcement comes a day after Bachelet said she was planning a new Liquefied Natural Gas (LNG) terminal in central-south Chile to help battle an energy squeeze.
Publicado por en No hay comentarios:

Bangladesh Salvages Capsized Ferry, 54 Bodies Recovered

Bangladesh Salvages Capsized Ferry, 54 Bodies Recovered

By MarEx
Rescue workers in Bangladesh completed the search of a stricken river ferry on Saturday, bringing the number of bodies recovered to 54 two days after the vessel capsized with around 200 people on board.

"We were able to salvage the capsized ferry today and there are no more bodies inside the wreck," said Saiful Islam Badal, deputy commissioner of Munshiganj district.

About 40 people swam to shore and 35 were rescued after the double-decker ferry went down in the Meghna river near the capital Dhaka during a storm on Thursday afternoon, police and rescue officials said.

An official of the Bangladesh Inland Water Transport Authority (BIWTA) said the M.V Miraj 4 ferry had capacity for 122 passengers, but according to several survivors and a district official the number on board was almost double, though there was no log kept.

Divers attached chains to one side to pull the ferry right side up on Saturday. At the end of the day, Bangladesh Inland Water Transport Authority (BIWTA) declared the end of the rescue operation inside the vessel, but Saiful said a search of the river would go on.

"Rescuers from the navy, coast guard and police will continue to search while there is a possibility of finding more bodies in the river," he said.

Hungry and enduring the summer heat, grieving relatives thronged the river bank. Many were wailing in distress, and voiced anger that the rescue operation had been ended.

"I am here to find out what happened to my uncle and my brother and I cannot go back to my home without them," said Mukhlesur Rahman.

Low-lying Bangladesh, with extensive inland waterways and slack safety standards, has an appalling record of ferry accidents, with casualties sometimes running into the hundreds.

Overcrowding is a common factor in many of these accidents and each time the government vows to toughen regulations.

In March 2012, a ferry sank near the same spot, killing at least 145 people.

The district administration of Munshiganj has decided to give 20,000 taka ($256) to each of the families of a deceased.
Publicado por en No hay comentarios:

lunes, 5 de mayo de 2014

No one Needed to Die on the MV Sewol


Rod Sullivan

No one Needed to Die on the MV Sewol

Director, Transportation and Logistics Law Programs, Professor of Law at Florida Coastal School of Law
What caused the South Korean Ferry Sewol to sink last month? It was a combination of errors.

According to Ms. Park, the 3rd Mate on watch, the MV Sewol disaster began with a steering malfunction. She reported that when the helmsman made a course correction, the rudder swung swiftly to port and wouldn't respond to further rudder commands. The helmsman, Mr. Cho, confirmed the malfunction. However, at 22 knots, a steering gear failure shouldn't cause a ship to capsize.

Next, there was a shift of the cargo and vehicles on the ferry. According to the ship's manifest there were 45 containers loaded on the deck, forward of the bridge. Photos of the Sewol taken shortly after rescue helicopters arrived show only 12 containers on deck, and none of those were firmly lashed down. The remaining 33 must have broken away and fallen over the side. Similarly, while it is impossible to see what happened to the cars and trucks on the car deck. It can be assumed that they shifted as well, because the Sewol was listing 20 degrees to port when the engines were stopped and the speed had been reduced to 5 knots.

The International Standards Organization (ISO) publishes minimum lashing standards for vehicles carried by ferry. Each truck less than 20 feet in length should have had four lashings securing the truck to the deck, two per side. Each truck over 20 feet should have had eight lashings. Had the trucks been lashed down to ISO standards, the trucks would not have shifted when the ferry made its sudden turn.

Next came human error. The Captain, instead of telling the passengers to don their life jackets and muster on deck, instead told the passengers to stay where they were below deck. He says that he was afraid that the passengers would be swept away by the strong currents, but mustering the passengers on deck, in the vicinity of the life rafts, did not require them to enter the water. The Sewol was equipped with 44 life rafts, each with a capacity for 25 people. That is 1100 spots for under 500 passengers and crew. However, only 2 of those 44 lifeboats were launched into the water.

After the passengers were told to remain below decks, the list of the ship continued to increase from 20 degrees, to 30 degrees, to 40 degrees and then to 50 degrees before the Captain himself stepped from the Sewol onto a rescue craft. In the photo showing the Captain leaving the Sewol you can also see 14 life rafts, sitting in their cradles, never having been placed into the water. The passengers were now trapped below deck.

At a list of 50 degrees there was no way for the passengers to reach the doors and hatches leading to the outside, without the use of handholds, ropes, or ladders. Their fate was sealed. They would die inside the ship, their escape route having been cut off by the list of the ship.

These were not the only errors committed by the Captain and crew of the Sewol. When the ship initially listed over to one side, the first distress signals didn't come from the crew of the Sewol. They came by cell phone from the passengers. The crew of the ship waited over 8 minutes before advising the Coast Guard of their predicament.

The tragedy on the Sewol didn't need to happen. No one needed to die. It's a shame that so many did.

Comentarios

  • Howard Goodrick
    Howard
    Howard Goodrick
    Owner, Myton Systems Ltd
    Rod, I read your comments with interest. It is also possible of course that cargo consignments within the truck / semi-trailer combinations also shifted. Whilst this is more likely in successive rolling situations it is also possible at rapidly achieved higher angles of heel. Cargo shifting once on the deck can sever vehicle lashings, dislodge trestles and block scuppers, causing successive cargo related factors exacerbating the heel.. Progressive flooding of car decks, destroying stability with free surface effect. One notes however that the "quarter" ramp was on the high side so water must have accessed via vents etc., however as you say you would expect the vessel not to have heeled so far over when the helm assumed hard-over position and one would have expected the bridge to have reduced revolutions immediately and then stopped engines to aid recovery or for vessel to assume an angle of loll if cargo had (likely assumption by the Master / OOW) shifted.
  • Ahmad Zohri
    Ahmad
    Ahmad Zohri
    Oil&Gas shipping and marine terminal services consultant
    I think it is difficult to say that the Master's instruction for passengers to stay inside was an error, because had the ship only assumed an angle of loll at say 30 to 40 deg and not list any further, passengers standing on open deck risk sliding to the side of the vessel and may go overboard, and be washed away by strong currents. It would be interesting to find out why the vessel went beyond an angle of loll position, since if she had assumed an angle of loll, then any further heel caused by external forces would return her back to the angle of loll position when that external force is removed.
  • Tor Erik Jensen
    Tor Erik
    Tor Erik Jensen
    Assistant professor at Buskerud and Vestfold University College
    This comment was posted by me at Admirality and maritime law network last week:
    I have deep respect with those loosing near family and friends on board, and the people of South Korea. But in particular when in the middle of a crisis the principle of justice comes under pressure. Politicians themselves are surely under pressure in these situations, but defining the master's actions as manslaughter before a thorough investigation and / or trial for justice has taken place, makes it very difficult for him and others onboard to actually contribute to a fair investigation. South Korea have accepted SOLAS and the ISM code, thus also have a duty to control the shipping and ferry companies and their system of safety, which indeed shall include the training of evacuation. An important question to be asked, if to learn from such a tragedy is whether the crew and officers onboard where given the necessary traininng, and to which degree the company and relevant authorities actually had carried out their duty to control that the level of competence was satisfactory.
    adthisaya G. y PETER T. recomiendan esto
  • Tor Erik Jensen
    Tor Erik
    Tor Erik Jensen
    Assistant professor at Buskerud and Vestfold University College
    Today's article in the New York Times describes the picture so far..."[...] as early investigations revealed a slew of loopholes in safety measures and a lax regulatory enforcement that investigators said contributed to the sinking..."
    Now, how to build a safety culture where authorities, classification societies and managememt companies build trust and cooperate properly? It is an incremental process, and also in Europe too often pushed by accidents, but both within the national aurhorities and top South Korean management companies one will find the necessary competence and understanding. Whether proper routines and control mechanisms in all levels of the industry seems to be in place must surely be further investigated. .
    Captain Cem A. y adthisaya G. recomiendan esto
  • Rod Sullivan
    Rod
    Rod Sullivan
    Director, Transportation and Logistics Law Programs, Professor of Law at Florida Coastal School of Law
    I have a couple questions, and I would appreciate responses from anyone who knows the answers. First, while South Korea has adopted SOLAS and the ISM code, are they applied to coastwise vessels which are not operating in international trade? Second: the ISO has standards for the lashing and security of vehicles on ferries. (ISO 9367) Does anyone know if the MV Sewol was applying this or another standard (or no standard at all)?
    PETER T. recomienda esto
  • adthisaya ganesen
    adthisaya
    adthisaya ganesen
    Senior General Manager at MISC Berhad
    Very good postings by Rod and Tor. Whilst official investigations are underway, it is very important that certain precautionary measures are implemented worldwide based on the preliminary findings thus far. The last thing we want is a similar occurrence of this sort.

    To begin with, I hope that the local authorities everywhere around the world can implement stringent checks and controls on all coastal ships and ferries as well as foreign going vessels. Through the wide network already available, the authorities can solicit help from the maritime professionals in case they are shorthanded.
  • Howard Goodrick
    Howard
    Howard Goodrick
    Owner, Myton Systems Ltd
    Tor raises a good point about countries that have ratified SOLAS and implementing same.
    The issue SOLAS Reg 1 - Application - which suggests that ships not engaged on International trade might not need to comply with SOLAS. That of course takes us to SOLAS Ch IX and its Reg 2, following this the implication is that Pax vessels not engaged in International voyages need not apply the ISM Code. You expect of course that responsible maritime nations such as South Korea have adopted voluntary SOLAS & ISM in their Merchant Shipping Act though I confess not to have researched this aspect relevant to the case of the Sewol. May be someone has the answer. Certainly you would expect Class to approve stability designs and stability data etc based on International rules and codes etc.
  • badaraddeen mu'azu
    badaraddeen
    badaraddeen mu'azu
    Student at arab academy for sci & tec and maritime
    Good
  • Ronald (Ron) Oyer
    Ronald (Ron)
    Ronald (Ron) Oyer
    Retired at DNV Petroleum Services
    The latest reports are that the vessel was loaded to 3x it's maximum cargo capacity. Shouldn't this have been evident when taking drafts and checking load line prior to departure? At this point and as usual when matters involve Class very few facts have or will be released to the public.
    Rod S. recomienda esto
Elvis Alberto Samaniego Enviarme un correo electrónico por cada nuevo comentari
Publicado por en No hay comentarios:

BIMCO calls on IMO to approve mandate container weight verification


BIMCO calls on IMO to approve mandate container weight verification
BIMCO calls on IMO to approve mandate container weight verification
FOUR major shipping associations, representing carriers, shipmanagers and port authorities, have issued a joint state urging the UN's International Maritime Organisation to adopt the current proposal for mandating compulsory container weigh-ins before loading.Saturday, 07.Sep.2013, 07:44 (GMT)
BIMCO calls on IMO to approve mandate container weight verification

FOUR major shipping associations, representing carriers, shipmanagers and port authorities, have issued a joint state urging the UN's International Maritime Organisation to adopt the current proposal for mandating compulsory container weigh-ins before loading.

No shipper organisations were co-signers as shippers find such mandates burdensome in terms of time and money as weigh-ins are extra steps that slow movement and add to scheduling demands.

But the Global Shippers Forum (GSF) issued its own statement: "GSF maintains that the majority of shippers act responsibly and comply with their responsibilities to make accurate cargo declarations. However, a number of recent incidents have highlighted that weight mis-declarations may be on the rise. We believe that the IMO Correspondence Group proposals are sensible and proportionate and will lead to improved operational performance and enhanced safety within the maritime supply chain."

Mis-declared container cargo weights are safety hazards for ships, their crews, other cargo on board, as well to dockers and other freight handlers connected rail and road transport, said the statement from BIMCO, the International Association of Ports and Harbours, the International Chamber of Shipping and the World Shipping Council.

The collective work and agreement of 15 governments and 13 industry groups have forged a compromise solution for the IMO's consideration in mid-September. The IMO has recognised and discussed the problem of incorrect container weights for over six years.

"With the input of many governments and industry organisations, the IMO now has before it an openly and carefully negotiated and crafted compromise proposal for addressing this recognised and documented safety and customs problem," according to the joint statement.

"This compromise should be adopted as a long-needed improvement to maritime safety. It is time to solve the problem. It is time for the IMO to adopt the solution that is before it," the joint statement said.

Mis-declared container weights also facilitate evasion of customs tariffs, while also impairing customs authorities' ability to perform accurate cargo security risk assessment, the statement said.
Publicado por en No hay comentarios:

EU States Reject Ban on Filipino Seafarers


EU States Reject Ban on Filipino Seafarers
EU States Reject Ban on Filipino Seafarers
At the Committee on the Safety of the Sea (COSS) held on 23 April, the EU Member States endorsed the recommendation from the European Commission (EC) not to de-recognise Filipino seafarer certificates of competency.Tuesday, 29.Apr.2014, 23:20 (GMT)
EU States Reject Ban on Filipino Seafarers

At the Committee on the Safety of the Sea (COSS) held on 23 April, the EU Member States endorsed the recommendation from the European Commission (EC) not to de-recognise Filipino seafarer certificates of competency.

 Instead, the Philippines administration will report back to the EC every three months, the International Association of Independent Tanker Owners (INTERTANKO) said.

Filipino SeamanAdditionally, the European Maritime Safety Agency (EMSA) will continue to undertake inspections to ensure continued compliance. Coupled with this will be technical assistance provided by EU member states to the Philippines in ensuring that they are able to comply with their obligations. 

"This is outcome is welcomed, providing the balance between an outright ban and a clean bill of health. The additional monitoring and technical assistance will provide the added assurance owners need when sourcing seafarers from the Philippines,” INTERTANKO added.

This possible ban followed the submission of a report by the European Maritime Safety Agency (EMSA) to the European Council on the ability of the Filipino authority to meet its obligations under the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Convention. 

This subject was discussed at length within INTERTANKO’s Human Element in Shipping Committee (HEiSC).The possible de-recognition is a serious issue for the industry and the consequences would be significant. The consequence of the most concern would be the loss of experienced officers from the industry.

 Many companies have taken the time and effort to train seafarers in their systems as well as undertaking considerable additional training and this would all be for nought and the industry would lose well-trained, competent officers who would need to be replaced with less-experienced ones. A safety impact could well be expected in addition to an inability to meet the requirements of the crewing matrix.
 
Related Articles:
 
Publicado por en No hay comentarios:
Suscribirse a: Entradas (Atom)