Who’s liable in a marine crash?

LAST weekend’s cold front with strong winds and high swells led to a brief closure of Durban’s port to incoming vessels.

Tsunami-like waves also battered the Durban beachfront in mid-march, leading to the closure of beaches, after a similar spell of bad weather.

After the inclement weather of March, a video circulated on social media which attracted many views, showing Durban marine pilot Rainer Rauntenberg, steering a Ro-ro vessel (roll on, roll off ships designed to carry wheeled cargo such as vehicles) at times rocking severely from side to side, safely into port during the rough seas of mid-march.

Rauntenberg was praised for his skill and calmness under pressure and led Durban’s harbour master to say this “proves the port of Durban is always ready to service its customers and will not let adverse weather conditions delay vessel turnaround time, while adhering to maritime safety precautions”.

The fact that the port closed for incoming vessels a week ago is an indication of just how severe the conditions were.

Earlier this month, a Durban marine pilot was aboard the MV Julian when the vessel overshot its berth and crashed at the bulk terminal, seriously damaging a bulk ship loader, near the port’s entrance on the Bluff.

News reports speculated that the damage to the bulk ship loader was around R100million. This does not take into account the subsequent loss of business.

The heroics of Rauntenberg and the collision of MV Julian have cast the spotlight on the role of marine pilots, especially in Durban, and, more importantly, who will be liable in the event of damage caused by the negligence of marine pilots.

A marine pilot is someone, usually a local expert in navigation (such as an ex-ship’s master) and the marine characteristics of the port, who is employed by the local port authority and, in that capacity, renders a service, known as “pilotage” to a vessel owner, which entails the pilot assuming brief control of the navigation of the vessel, usually in waters that require familiarity with the area and local conditions, such as currents, tides and shifting sandbanks, in return for a fee payable to the port authority.

This is in contrast to the master of the vessel, whose navigation experience and knowledge of the subject vessel equip the master to navigate the vessel on the open seas.

The pilot assumes control of the vessel from the time of arriving on the bridge, usually just before entering port, until handing control back to the master after docking.