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Editorial Editorial: John Clandillon-Baker Crimson Mars Grounding Edited JCB Use of Mobile Phones JCB GMDSS Revalidation Pension News Debbie Marten U N I T E D K I N G D O M M A R I T I M E P I L O T S A S S O C I A T I O N SUMMER 2007 No.290 The official organ of the United Kingdom Maritime Pilots’ Association D I V I D E D W E F A L L U N I T E D W E S T A N D In This Issue One such error brought the lesson firmly home last year when the woodchip carrier Crimson Mars grounded whilst departing from Port Dalrymple in Northern Tasmania. The approach channel to Port Dalrymple looks narrow and winding but the pilot had been working in the port for 13 years so was presumably well experienced in handling large ships in the channel. On this occasion the ship was proceeding at full manoeuvring speed into a flood tide which gave a speed over ground of about 10 kts. At a critical turn the pilot claimed that he ordered port 10 but the helmsman claims that he ordered starboard 10. Observing that the ship was not responding, the pilot thought that the flood tide was acting on the port bow thus reducing the effectiveness of the rudder and claims to have ordered port 20 closely followed by “hard to port”, again the helmsman recalled the order being starboard. Noticing that the vessel was now swinging to starboard the pilot checked the helm indicator and then noticed that the helm was hard to starboard. Although the engine was put full astern and the anchors were let go the vessel grounded shortly afterwards causing major damage to the bulbous bow. I make no apologies for including another pilotage incident report as the feature this quarter because the very nature of our work means that we have a very high statistical chance of being involved in a reportable incident. Any lessons that may be learned through investigations are therefore of immense value not least because they are revealing an alarming trend by investigators to readily criticise the pilot’s lack of integration into the “bridge team” even though the reality of the average bridge team frequently results in the pilot operating as a one man band. In the Crimson Mars case, the disaster was caused by the helm being put over the wrong way. We all know that this is not that uncommon, especially these days where good helmsmen are rapidly becoming an endangered species and in the case of the Crimson Mars the minimal margins for error in the pilotage waters meant that the few seconds of delay in realising the erroneous helm order transformed a routine manoeuvre into a major disaster. The nature of pilotage is such that margins for error are frequently minimal, a fact that was brought dramatically home to me recently on a laden tanker when the Master failed to correctly switch the control from the centre to bridge wing consoles. By the time we realised that the engine was not reacting to the pitch control lever and rectified the error we only just managed to avoid hitting the jetty. Afterwards, as one does, I reflected upon the incident and lucky escape. Until the error, the ship was well under control and had we hit the jetty the damage to the ship would have been minimal but it would probably have damaged some fendering and thus put the jetty out of action for a few days. Since the jetty in question serves a main fuel distribution depot, the “knock-on” effect could have jeopardised fuel supplies and therefore the damage claim might have been considerable. Incident reports have left me in no doubt that the investigators would have managed to find some fault with my pilotage technique. Such is the life of a pilot! John Clandillon-Baker FNI Email: [email protected] Crimson Mars Grounding One of the first lessons that I was taught when training to pilot VLCCs onto Single Buoy Moorings in Nigeria was the importance of checking that the helmsman put the wheel over as ordered and not to be shy about even gesticulating with arm movements to reinforce the verbal command when issuing helm orders. My thoughts that Peter Snow type gesticulations on the bridge might make me look a bit foolish were dismissed by the training pilot with the observation that in view of the potentially adverse consequences of such an error, I would look rather more than foolish if the helmsman put the wheel over the wrong way! 25 years on, and although now piloting on the Thames, that lesson is still valid and is one that I now instil in new trainee pilots. It does seem strange that in the 21st century, where technology is so dominant, such basic techniques can still have relevance but as every pilot knows it is not that uncommon for the helmsman to put the wheel over the wrong way and the consequences of such an error going undetected will invariably result in a grounding or collision in pilotage waters. Criminalisation of Mariners Barrie Youde Sunk VTS Suspended JCB A Month on Logos II Chris Hughes UKMPA (Response??) JCB Obituaries Pilot Ladders JCB Interim Delegates Meeting JCB

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Editorial

Editorial: John Clandillon-BakerCrimson Mars Grounding Edited JCBUse of Mobile Phones JCBGMDSS RevalidationPension News Debbie Marten

• UNIT

ED KINGDOM•M

AR

ITIM

EPILOTS ASSO

CIA

TIO

N

SUMMER 2007 No.290The official organ of the United Kingdom Maritime Pilots’Association

DIVIDE D W E FALL

UNITE

DWESTAND

In This Issue

One such error brought the lesson firmlyhome last year when the woodchip carrierCrimson Mars grounded whilst departingfrom Port Dalrymple in NorthernTasmania. The approach channel to PortDalrymple looks narrow and windingbut the pilot had been working in the portfor 13 years so was presumably wellexperienced in handling large ships in thechannel. On this occasion the ship wasproceeding at full manoeuvring speed intoa flood tide which gave a speed overground of about 10 kts. At a critical turnthe pilot claimed that he ordered port 10but the helmsman claims that he ordered

starboard 10. Observing that the ship wasnot responding, the pilot thought that theflood tide was acting on the port bow thusreducing the effectiveness of the rudderand claims to have ordered port 20 closelyfollowed by “hard to port”, again thehelmsman recalled the order beingstarboard. Noticing that the vessel wasnow swinging to starboard the pilotchecked the helm indicator and thennoticed that the helm was hard tostarboard. Although the engine was putfull astern and the anchors were let go thevessel grounded shortly afterwards causingmajor damage to the bulbous bow.

I make no apologies for including anotherpilotage incident report as the feature thisquarter because the very nature of ourwork means that we have a very highstatistical chance of being involved in areportable incident.

Any lessons that may be learned throughinvestigations are therefore of immensevalue not least because they are revealingan alarming trend by investigators toreadily criticise the pilot’s lack ofintegration into the “bridge team” eventhough the reality of the average bridgeteam frequently results in the pilotoperating as a one man band. In theCrimson Mars case, the disaster was causedby the helm being put over the wrong way.We all know that this is not thatuncommon, especially these days wheregood helmsmen are rapidly becoming anendangered species and in the case of theCrimson Mars the minimal margins forerror in the pilotage waters meant that thefew seconds of delay in realising theerroneous helm order transformed aroutine manoeuvre into a major disaster.The nature of pilotage is such that marginsfor error are frequently minimal, a fact thatwas brought dramatically home to merecently on a laden tanker when the Masterfailed to correctly switch the control fromthe centre to bridge wing consoles. By thetime we realised that the engine was notreacting to the pitch control lever andrectified the error we only just managed toavoid hitting the jetty. Afterwards, as onedoes, I reflected upon the incident andlucky escape. Until the error, the ship waswell under control and had we hit the jettythe damage to the ship would have beenminimal but it would probably havedamaged some fendering and thus put thejetty out of action for a few days. Since thejetty in question serves a main fueldistribution depot, the “knock-on” effectcould have jeopardised fuel supplies andtherefore the damage claim might havebeen considerable. Incident reports haveleft me in no doubt that the investigatorswould have managed to find some faultwith my pilotage technique. Such is the lifeof a pilot!

John Clandillon-Baker FNIEmail: [email protected]

Crimson Mars GroundingOne of the first lessons that I was taught when training to pilot VLCCs onto Single BuoyMoorings in Nigeria was the importance of checking that the helmsman put the wheelover as ordered and not to be shy about even gesticulating with arm movements toreinforce the verbal command when issuing helm orders. My thoughts that Peter Snowtype gesticulations on the bridge might make me look a bit foolish were dismissed by thetraining pilot with the observation that in view of the potentially adverse consequences ofsuch an error, I would look rather more than foolish if the helmsman put the wheel overthe wrong way! 25 years on, and although now piloting on the Thames, that lesson is stillvalid and is one that I now instil in new trainee pilots. It does seem strange that in the21st century, where technology is so dominant, such basic techniques can still haverelevance but as every pilot knows it is not that uncommon for the helmsman to put thewheel over the wrong way and the consequences of such an error going undetected willinvariably result in a grounding or collision in pilotage waters.

Criminalisation of Mariners Barrie YoudeSunk VTS Suspended JCBA Month on Logos II Chris HughesUKMPA (Response??) JCBObituariesPilot Ladders JCBInterim Delegates Meeting JCB

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Summer 2007 2 The Pilot

The official report goes into detailed analysis of the eventsleading up to the grounding but it is evident that in common withmany pilotage acts the pilot alone was ‘the bridge team” and sinceneither the Master nor the officer of the watch (OOW) recalledeither the helm order given by the pilot or the acknowledgementby the helmsman it is obvious that the passage was not beingmonitored in accordance with “best practice” procedures! Thisaccident happened in good visibility and in daylight and it isevident from the chart that, had any other member of the bridgebeen paying even minimum attention to the passage observingland to starboard, a reef a couple of cables right ahead and thechannel to sea open on the port bow that a starboard helm orderwas probably not going to achieve much other than a disaster andthis would therefore tend to support the pilot’s statement of helmorders and that the helmsman put the wheel over the wrong way.Investigators are always incredulous that such failures can occuron even well found vessels, pilots just reflect that “There but forthe grace of fate go I”! Such is the reality of pilotage and thisincident serves to confirm my own “Theorem of Pilotage” that thedifference between a good pilotage manoeuvre and a bad pilotagemanoeuvre is 10 seconds inattention and the difference between asuccessful pilotage act and a disastrous one is 20 secondsinattention!

RecommendationsAs with all these investigations we should all learn lessons and

returning to my introduction, the Australian investigators providethe following recommendation regarding helm orders, “Theyshould also ensure that the conventions governing helm orders areobserved, particularly the use of ‘midships’ when changing rudderdirection, and ‘closing the loop’ when communicating orders to ahelmsman. The use of hand signals to enhance the communic-ation of helm orders should also be considered”.

As I understand it “closing the loop” refers not just to theestablished practice of the helmsman repeating the order back tothe pilot but also the traditional best practice of confirming whenthe instruction has been executed.

The rudder angle indicatorThe other key recommendation for pilots in the report is that

“Pilots and masters should ensure that they are able to read, orotherwise be able to check, the rudder angle when conning aship”.

This is a very significant recommendation in that it highlightsonce again the fact that new ships are still being constructed withappaling ergonomics which totally fail to provide an efficientnavigation centre. Although only launched in 2002, the CrimsonMars had a “traditional” wheelhouse arrangement (see plan)virtually undistinguishable from those found in the 1960s with theengine telegraph on one side of the bridge, the radars on the otherand the helmsman in the middle. The instrumentation is alsounchanged from the Japanese design of the1970s with various palegreen instrument readouts (will the stock never run out?!),including the helm indicator, sighted above the centre wheelhousewindow directly above the pilot’s head at the normal conningposition. All this reality is far removed from the utopian dream ofthe “e-navigation” proponents! Because of the cranes mounted onthe centreline of the ship, the class rules for the Crimson Marsrequire two additional “conning” positions with a clear viewforward and the pilot was conducting the ship from the starboardposition adjacent to where the radars were sighted at the time ofthe incident. The report considers it significant that there was nohelm indicator visible from this position stating that “If theincorrect use of starboard rudder had been observed earlier thegrounding may have been prevented”. It goes on to note thatSOLAS, Chapter V, Regulation 12 states “... ships ... shall be fittedwith indicators showing the rudder angle, the rate of revolution ofeach propeller ... All these indicators shall be readable from theconning position”. This would tend to suggest that thearrangement on board the Crimson Mars was not compliant. Notso, the report states the following with respect to this:

During the investigation Class NK (The ship’s classificationsociety Nippon Kaiji Kyokai) advised the ATSB that they interpret

Not the Tasman Sea monster but the results ofa misunderstood helm order!

Crimson Mars’s bridge layout with details relevant to the incident

Position at 1436

Position of bow at 1444

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this (SOLAS regulation) to mean that all indicators required bythe provisions of the SOLAS regulation should also be readablefrom the ‘additional conning positions’. Class NK also stated thatthese positions are normally located approximately 2.5 m from theconning position which is usually on the centreline and that theindicators near the centreline are not difficult to read from suchpositions. They required additional indicators when additionalconning positions were distant from the centreline such as onbridge wings.

The photo below clearly reveals that this is not the case and aswe all know, even at the centre line “conning position” if the pilotis standing in front of the window next to the compass repeater hecannot see the rudder indicator above his head without anawkward contortion risking serious neck dislocation.

Returning to the report it is evident that the ATSB is notconvinced by the interpretation of the rules by Class NK but, aswith most investigations, fails to actually condemn theinterpretation (mustn’t make waves which might upset the statusquo!). I have read it several times and can only conclude that it isnon committal waffle. Perhaps someone more perceptive than mecan decipher the meaning so I have reproduced the followingrelevant section directly from the report, grammatical errorsincluded:

Extract from report section 2.3 Conning Position (Page16)In submission ClassNK stated: The aim of the additional

conning position is “giving a clear view”. SOLAS Ch. V/12(m) isrequired the indicators shall be readable from the conningposition. The conning position means centre conning position andis not including the additional conning positions. This is to clarifythat it is not necessary to provide an additional rudder angleindicator and a shaft revolution indicator at each additionalconning position in accordance with NK rule, ISO standard andIMO MSC/Circ.982 under the SOLAS Convention.

The above, however, is only the interpretation by ClassNK ofthe SOLAS regulation.

The regulation does not state that it refers to a conning positionon the centreline or a primary conning position, nor impliessecondary or additional conning positions to which itsrequirements do not apply. It is also reasonable to interpret thatthe requirements that apply to a conning position in the regulationapply to all conning positions on a ship’s bridge.

The sign indicating the starboard additional conning position onthe bridge of Crimson Mars may have initially prompted the pilotto take this position in the circumstances. When it becameapparent that he could not read, in particular, the rudder angleindicator he should have moved to a position in which he couldread it. The rudder angle indicator should be readable from aposition taken while conning a ship.

k k k

So, as I understand it, the Class NK rules require that if the viewthrough the bridge windows on the centre line is obstructed thentwo other conning positions with a “clear view” forward must beprovided but ClassNK don’t believe that these require the rudderangle indicator to be readable. These secondary positions areindicated on the plan as positions A & E and the Crimson Marsalso has these points formally marked with “Conning Pt” in redon the bridge front. SOLAS regulations require that the rudderangle indicator and engine revolution indicator “shall bereadable” from a conning position. It therefore seems perfectlyclear that the SOLAS regulations require that these twoinstruments must be readable from the secondary conningpositions. However, this would obviously involve additionalexpense that will bankrupt the poor ship owner so the ATSB areseemingly suggesting that yes, these are the requirements but if theship’s arrangement is non compliant then it is the pilot’sresponsibility to undertake a bridge survey and identify anunofficial conning point where he has both a clear view forwardand a view of the relevant instruments! What nonsense. In myopinion such poor ergonomics are totally unacceptable in the 21stcentury and a valuable opportunity has been missed by thisinvestigation to condemn such (regrettably all too popular)dysfunctional wheelhouse layouts as not “fit for purpose”.

Although unfamiliar with the Dalrymple port approach thechart indicates that it is a very narrow channel with tricky bendsand manoeuvring would seem also to be compromised by the tidesmentioned in the report. A small rudder angle repeater probablycosts less than $20 and could easily be fitted at the additionalconning points. I am in no doubt that had such a repeater beenfitted as seemingly required by SOLAS regulations then the pilotwould have been monitoring it, observed the error and thisgrounding would not have happened. The old saying of a “ship(and the pilot’s reputation!) spoiled for the want of a h’apeth oftar” is, in my opinion, appropriate in this case.

I would like to believe that despite the lack of condemnation bythe report, ClassNK and other Classification Societies mightrealise the potential weakness of their arguments, learn the lessonsand arrange for additional rudder angle repeaters to be fitted inorder to ensure full compliance with SOLAS recommendations atthe secondary designated conning positions. However, knowinghow such issues are usually dealt with in the maritime world, Iwouldn’t be at all surprised if the actual outcome will be for theClassification societies to arrange for the “conning pt” markingsto be removed to avoid any potential liability. I hope to be provenwrong!

JCB

USE OF MOBILE PHONESIn the report relevance was attached to the fact that 6 minutesbefore the grounding the pilot had received a call on his mobilephone which he terminated after 23 seconds. Some publicationsreporting this grounding have wildly stated that the groundingwas caused as a direct result of the mobile phone conversation butthe records show that although the call was received just as theship was approaching an earlier bend in the river, the pilotsuccessfully negotiated that turn and correctly aligned the ship inanticipation of rounding the point where control was lost.However, the investigators did consider the mobile phone use to beof relevance in this case and referred to MGN 299 which includesthe following recommendations regarding the potential forwatchkeepers to be distracted by mobile phone conversations:

Interference, in this context, relates to the distraction caused bymaking or receiving mobile phone calls at inappropriate timesduring the conduct of the vessel’s navigation and conning.

Such activity is liable to demand the attention of bridge

The Pilot 3 Summer 2007

The view of the instruments from the pilot’s conning position!

Rudder angleindicator

Main enginetachometer

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Summer 2007 4 The Pilot

personnel when full attention should be devoted to the safe andefficient navigation of the vessel.

Consideration should also be given to prohibiting all mobilephone usage when navigational requirements demand theindividual attention of all those responsible for the safe conduct ofthe vessel.

In this case the phone was used six minutes before the incidentfor a few seconds. Six minutes is a long time and I personally don’tbelieve that this call could have possibly have had any influenceover the subsequent event but the report makes the followingobservations:

The pilot did not discuss the use of his mobile telephone withany of the bridge team. The master stated that its use wasinappropriate and that he was not sure if the pilot wasconcentrating on the pilotage. The third mate believed that themaster, rather than he, should ‘challenge’ the pilot in such a case.In any event there was no ‘challenge’, increased vigilance, or anyother action by the bridge team in response to the use of themobile telephone by the pilot.

The pilot stated: I do not believe that the pilot’s mobile phone use before Salt PanPoint contributed to the grounding at Long Tom Reef, nor do Ibelieve that discrete communications by mobile phone after thegrounding negatively affected the return of the vessel to anchor at

Bell Bay.The report responds thus:

While the pilot did not use his mobile telephone when he wasgiving the helm orders leading to the grounding, he did so a fewminutes before. Using a mobile telephone causes a distraction andinterferes with the attention of the user and the entire bridge team.This distraction interrupts the thought processes andconcentration of the bridge team and is not restricted to just theperiods that a mobile telephone is used. In any event, there isoverwhelming evidence in the transport industry that the use of amobile telephone by a person concurrently with operating atransport vehicle is a distraction to the prime task of operating thevehicle.

The ATSB investigation report number 162, the grounding ofthe container ship Bunga Teratai Satu on 2 November 2000,concluded that the distraction caused by the use of a mobiletelephone was the significant unsafe act that resulted in thegrounding. The incident highlighted the distraction that mobiletelephones can cause to the user, as well as to others.

The use of mobile telephones is contrary to good BRMprinciples, hinders situational awareness and prevents an optimal‘state of the bridge’.

You have been warned!! JCB

GMDSSREVALIDATION

FORMARINE PILOTS

Further to the problems being encounteredby some pilots in renewing their Master’sClass 1 Certificate as identified in theSpring issue of The Pilot, the following isthe advice from the MCA regardingGMDSS revalidation for pilots.

“The UK has decided that if an officercannot show that he has been employedon duties including the use of GMDSS for12 months in the last five years, then thecertificate will be limited to VHFoperation only’. This would effectivelyallow a pilot to legally use his own and theships VHF radios and those of the pilotlaunch.

For this limitation to be lifted the holderwill have to successfully complete therelevant GMDSS examinations.

We do not believe that the duties ofmarine pilots extend to the use of the fullGMDSS equipment on board the vesselsthat they are piloting.

An officer’s COC will be revalidated asoutlined in MGN 9. A full ROC or GOCGMDSS certificate will not be required forrevalidation, but would be required foremployment at sea.”

This clarifies the situation in that itconfirms that pilots do not need a GMDSScertificate to renew their Class 1 CoC butif they decide to return to sea then theywill be required to obtain the full GMDSSfor Class 1 CoC revalidation.

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The Pilot 5 Summer 2007

PENSION NEWSTHE SECRETARIATTrustees’ Annual Report & Accounts

The Trustees Annual Report & Accountsfor 2006 has now been sent out to all activemembers of the Fund. Richard Wiscombe isin the process of finalising the mail-shot tothe pensioners and this report should belanding on their door mat by the end of thismonth/beginning of August.

Explanatory Brochure and PNPF RulesAt long last the revised Rules and

Explanatory Brochures were sent out to allactive members of the PNPF on 13 June2007. Thank you for your patience whilethis revision marathon was being carriedout.

Alternate TrusteeFrom 1 July 2007 the UKMPA has

appointed John Owens, a Milford HavenPilot, as an alternate Trustee of the Fund.John replaces Charlie Wood who resignedas an Alternate at the end of April.

INVESTMENT STRATEGYEIM

The Trustees implemented the thirdphase of their hedge fund investmentstrategy with an investment in EIM, a Swissbased “bespoke” hedge fund of fundsprovider. The capital was disinvested fromthe equity mandate and successfullytransferred to EIM in three tranches overApril, May and June.

Legal & GeneralAt their May meeting the Trustees agreed

to the Investment Consultant’s recommend-ation of transferring the equity mandatefrom Schroders into a passively managedmandate with Legal & General and thistransition was carried out on 11 July 2007.

QuellosIt appears that the Trustees are not alone

in awarding Quellos a hedge fund mandate.The Parliamentary Contributory PensionFund has hired the firm to run a £9m fundof hedge funds brief. Obviously where theTrustees lead others follow!

ADDITIONAL VOLUNTARYCONTRIBUTIONS SCHEME (AVCS)Those members that are still contributingto the closed AVC Scheme should bereceiving their renewal documentationfrom Richard some time next month.

Equitable LifeI have recently read that the European

Parliament has backed a report calling on

the UK government to compensate victimsof Equitable Life’s near collapse seven yearsago. I would suggest that you do not holdyour breath as the government has atendency to ignore the contents of reportsthat it does not agree with.

UK STATE PENSIONA recent survey has shown that the U.K.has the lowest level of state pension of all30 countries in the Organisation forEconomic Co-operation and Development(OECD) ranking lower than Turkey andGreece. The UK commits the least financialsupport to retired workers, with an averageworker getting 41% of pre-retirementearnings after a full career, whereas Greeceexpects to provide 96% of pensionerincome.

In Europe the UK is ranked 25 out of 26only just managing to beat a new entrantlike Albania. It is a bit like the ranking theUK gets in the Eurovision Song Contest.

OVER 65s STILL AT WORKI suppose given the above survey it is notsurprising to learn that the number ofpeople working over the age of 65 is likelyto treble by 2017. A survey carried out byAon Consulting shows that more than halfof the people surveyed believe they will beforced to continue working past the statepension age for financial reasons. But for aquarter of respondents fear of boredom andloneliness drives their wish to continueworking as they desire companionship andintellectual stimulation.

FINANCE BILL 2007There are key changes for pensions in the2007 Finance Bill which include:

• Allowing ill-health pensions to bereduced rather than totally suspendedwhere the member’s medical conditionimproves. (and we have only justchanged the Rules!)

• Lump sum death benefits to be paidwithin two years of the earlier of the datethe scheme administrator couldreasonably have known of the death andthe date when s/he first knew of thedeath; and

• Schemes to make commutation paymentsin the six months before or within 12months of the date the member firstbecome entitled.

NEW PM – NEW MINISTERSUpon taking up his new role as PrimeMinister, Gordon Brown’s reshuffle of thecabinet saw Peter Hain replacing JohnHutton as works and pension secretary and

Mike O’Brien being appointed Minister ofState for Pensions Reform in place of JohnHutton.

PENSIONS BILLThis Bill was one of 23 Bills unveiled in thenew Prime Minster’s “summerstatement”and will introduce measures toestablish personal accounts. The PM hopesthat the new Bill, currently going throughParliament, will ensure that all workingpeople have the right to a workplacepension.

PENSION PROTECTION FUND(PPF) LEVYAs if the calculation of the PensionProtection Fund levy is not complicatedenough with a scheme based part, based onliabilities and a risk based part, based onthe credit worthiness of the Employer somebright spark at the PPF thought that thescheme’s investment strategy should beincluded as a separate risk factor. Whichcould have meant that investment strategiesadopted by schemes to help lower deficitscould have led to them being penalised witha higher levy. Fortunately the practicality ofdeveloping a “simple” formula forassessing these risks has resulted in the PPGdeciding not to include investment strategyas a component of the levy. (It appears thatsometimes common sense prevails!)

Enjoy the rest of the summer – weatherpermitting!

Debbie [email protected]

Pensioners Deceased–––––––––––––––––––––––––––––

February 2007 to April 2007–––––––––––––––––––––––––––––J Armstrong London-NorthJ Boyce London-SouthBC Fulton SouthamptonA Hoggarth HumberKC Horne DoverRB Shimmell Milford HavenL Sidgwick Tees

RetirementsFebruary to April 2007

QK Guttridge Seaham FebMH Kitchen PLA Feb

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Summer 2007 6 The Pilot

Times change. The criminalisation ofmariners (including pilots) for errors andomissions committed in the course of dutymoves ever closer. The powers of theMaritime and Coastguard Agency (MCA)are sweeping. The 1987 Pilotage Act itselfprovides for criminal sanctions (includingimprisonment) to be imposed upon pilots incertain circumstances. It is the MCA whichwill investigate those circumstances andseek actively to impose the sanctions,including imprisonment, if it sees fit,subject only to the protection of the Courts.In the course of its investigations, the MCAis empowered to order the holding of aninterview of any suspect pilot under cautionunder Code C of the Police and CriminalEvidence Act (PACE) of 1984. The cautionused is the same as that levelled at asuspected pimp or murderer:-

“You do not have to say anything. But it

may harm your defence if you do notmention when questioned something whichyou may later rely on in Court. Anythingyou do say may be given in evidence.”

The “speak now” provision is recent. Itdoes not in any way diminish thefundamental legal principle that it is for theprosecution to prove a criminal casebeyond a reasonable doubt. A suspect(including an honest pilot) has noobligation whatsoever to assist theprosecution in preparing a case againsthim. The true effect of the “speak now”provision is that it serves as a warning to adishonest suspect that if he seeks to inventa defence at a later stage he probably willfind himself in difficulty later in relation tohis credibility. In the case of an honestsuspect (there are such people; and pilotsare now prominently amongst theirnumber) there remains no obligation

whatsoever to assist the MCA in makingout a case against him. The truth remainsthe truth whether it is spoken or unspokenat any given moment. When questioned bythe MCA under criminal caution an honestpilot (of which type may God forbid thereshould be any other) is well advised to saynothing at all.

In a case where the MCA (PACE)interview is conducted by the CHA of adirectly employed pilot, the pilot may feelparticularly vulnerable, for the simplereason that it is natural for any man to wishto co-operate with his employer. There is,however, no Court in the jurisdictionwhich, on Judicial Review, would uphold apenalty of any sort against a man whomight choose to comply with the advice,“You do not have to say anything.”

Barrie Youde

The Criminalisation of Mariners - including PilotsHurricane Jack was a shipmate of Captain Para Handy in the crew of the Vital Spark, a most venerable Clyde puffer whichexisted in the fertile imagination of Neil Munro. The world knows that Hurricane Jack was called Hurricane Jack becausehe once stole a sheep. Until recently, Hurricane Jack was, it would be nice to believe, the only criminal amongst marinerswho have served since the late Nineteenth Century. As to pilots in particular, Joseph Conrad (who died in 1924) was rathermore flattering when he referred to “a pilot - which to a seaman is trustworthiness personified”. It has long been a sourceof personal pride that, having been born into a pilot’s family, I have not heard of a pilot who has been convicted of a seriouscriminal offence in well over a hundred years.

Re: Independence- Self-EmploymentIn recent years two cases (one on the Clydeand a second at South-East Wales) havebrought into focus the oppressive nature ofthe obligations imposed on any pilot whomight find himself subject to a contract ofemployment with his CHA.

In each case the pilot, when ashore,declined to accept the word of a CHAofficer. In each case the CHA officer held noqualification whatsoever in pilotage. Inneither case was it suggested that the pilotwas guilty of any incompetence ormisconduct affecting his capability as apilot. In each case the Courts found that acontract of employment (and nothing else)bound the pilot to accept the word of anunqualified officer; that the pilot hadbroken the terms of the contract and thatde-authorisation of the pilot by the CHAwas therefore appropriate under Section3(5)(d) of the Pilotage Act.

As recently as December 2001 (in theHumber case) the Court of Appealconfirmed that pilots may be eitheremployed by the relevant CHA or,alternatively, self-employed. Under Section4 of the Act, following the agreement of themajority of the pilots of a port, the CHAhas no obligation to offer terms of

employment. It follows that, where themajority of the pilots of a port are inagreement, they are entirely free to rejectany offer (including any continuing offer)of employment made by the CHA and tooperate thereafter as self-employed men viaa formal co-operative, if they so choose.Where such a co-operative operates, thepilot is not bound by any contract of thesort which gave rise to the disasters sufferedon the Clyde and at South-East Wales.

It is entirely possible for the pilots of anyport, provided only that the majority are inagreement, to relieve themselves of any ofthe oppressive burdens of employment by aCHA, by the simple measure of forming aproper co-operative. It is well-known thatthe pilots of Liverpool reverted to self-employment almost ten years ago, withgreat success. Terms and conditions ofservice have greatly improved; and theindependence of the pilotage profession(having been approved by the House ofLords in 1988) was properly enhanced. Thepilots of Belfast, after enduring muchwholly unnecessary oppression, reverted toself-employment on 1st December 2006.Pilots at many other ports have remainedself-employed throughout.

There is broad agreement that the 1987Pilotage Act is unsatisfactory in manyways, particularly because of its convolutedprovisions in relation to the employmentstatus of pilots. When the Act was

introduced in 1988, many pilots weremisled into believing that to accept terms ofemployment from a CHA was a matter ofHobson’s Choice. Many pilots were fooledinto the belief that a CHA had somehowbeen given the power to conscriptauthorised pilots into employment. For themajority of pilots of any port, nothingcould be further from the truth. I am nowprivileged to serve in legal practicealongside Richard Wilkinson, the lawyerwho was able not only to construe the Actproperly but who also, with great skill,drafted the first reversion-agreement whichenabled the pilots of Liverpool to ridthemselves of the purposeless and highlydangerous obligations of their formercontracts of employment. It is of vitalsignificance that, whereas the Act obliges aCHA to offer employment to authorisedpilots, authorisation as a pilot is manifestlynot restricted to the employees of a CHA.The Act recognises that the authorisation ofproperly qualified pilots in the publicinterest for the safety of shipping is ofinfinitely greater importance than anyarrangement as to the mere status of theiremployment. In short, authorisation as apilot precedes (both chronologically and interms of public significance) anyarrangement as to terms of service. A CHAhas, of course, no power to impose terms of

(Continued on p14)

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The Pilot 7 Summer 2007

Sunk VTS Suspended!As many of you will be aware the “Sunk” is a deep water area offthe Essex coast which serves as the pilot boarding and landing areafor the ports of Harwich / Felixstowe, London and the Medway.With a deep water anchorage it is a navigational focus point forshipping destined to and from those ports which include the largestships in the world. In addition to vessels requiring a pilot, manyexempt and excluded vessels trading to the above ports also transitthis area. With ships arriving and departing the ports, entering andleaving the anchorage, manoeuvring to pick up or land pilots,fishing vessels and leisure craft it is hardly surprising that this areahas seen a few near miss, close quarters encounters! For many yearsdiscussions had been held regarding how safety could be enhancedin the area and in 2000 a Sunk users group was established whichbrought together the MCA, the ports, pilots, Masters and PECholders. This led to a “Sunk Precautionary Area” (SPA) beingestablished and its implementation in 2003 coincided with theestablishment of the Sunk VTS managed by the Harwich HavenPort. All vessels entering the precautionary area were required toreport to “Sunk VTS” on VHF CH 14 which provided trafficinformation relevant to that vessels transit through the SPA.Limited traffic organisation was provided to vessels being servedwith a pilot whereby the VTS would provide ships with a pilotboarding “turn number”. When the pilots involved were consultedprior to departure this worked well and the safety of all shippingwas enhanced as a result. The SPA was considered by the MCA tobe a provisional measure and with a formal risk assessmentexpressing concern over the seemingly random navigation ofvessels through the SPA they still saw the Sunk area as a high riskarea. The Sunk users group therefore continued to meet and a seriesof Traffic Separation zones were agreed which would routeshipping into and through the SPA via a “roundabout” situatedsome 7 miles to the East of the existing Sunk light vessel. Inaddition to the new zones an enhanced VTMS was proposed whichwould actively manage shipping in the new and considerablyenlarged SPA. The new schemes involved moving the Sunk lightship to become the centre of the roundabout plus the relocation ofseveral existing buoys and the laying of a number of new buoys to

mark the new approach channels. The date for the implementationof the new scheme was set for 0000 1st July. Mariners were advisedof the changes earlier on this year and new charts were producedwith the Admiralty Sailing Directions and other relevantpublications being updated accordingly. These latter contained thedetailed instructions for shipping, including the role of the newSunk VTMS which would continue to be called Sunk VTS and alsocontinue to operate on VHF Ch. 14. The MCA, in accordance withGovernment projects policy, put the operation of the VTS out tocontract and I believe that interest was expressed by both Harwichand London. Trinity House were tasked with the buoyage changeswhich they undertook with military precision on the 30th June.

On the 29th June less than 36 hours before the new scheme wasdue to “go live” an urgent Notice to mariners was issued advisingthat although the new approach channels would be implemented asadvised, the Sunk VTS would cease to operate No information wasgiven as to why but I understand that the previous Sunk VTS hadbeen operated by Harwich on a voluntary arrangement and theyhad not tendered to operate the new service. No other party hadtendered to operate the VTMS and the existing MCA ChannelNavigation Information Service (CNIS) had neither the operatorsor equipment to undertake the role. At the time of writing, with noinformation on either the MCA or DfT websites, it is a mystery asto what is going on. Currently any vessel calling “Sunk VTS” isbeing advised by either Dover or Thames Coastguard that the SunkVTS service has been suspended until further notice and vesselsrequiring a pilot are being instructed to call Harwich pilots on VHFCH 9. I understand that the CNIS is monitoring the AIS of vesselstransiting the SPA and are taking action against any foundcontravening the separation scheme. There is a theory that thereason for outside interests not tendering to operate the service is aresult of concerns over the legal issues surrounding trafficmanagement outside port limits. Whatever the reason this situationcan only be described as a fiasco and with red faces all round at theMCA could it be that the e-navigation concept is falling at the firsthurdle? Who knows, but so far despite the lack of VTS coverage,the presence of pilots liaising with their colleagues and Masters ofvessels within the SPA seems to be proving an extremely effectivemitigation measure. No surprise there of course! JCB

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About the ship and charityLogos II was built in Spain in 1968, and operated as a ferrybetween Spain and Morocco as the Antonio Lazaro, EducationalBook Exhibits Ltd. a private, non-profit, charitable organisationregistered in the UK purchased the ship on 21 October 1988, andrenamed her Logos II. Over 9 million visitors have been welcomedon board for tours, programmes and visits to the floatingbookshop. With stops in over 280 ports of call, the ship has visited76 countries, including Africa, the Americas, Europe, the Near Eastand many island nations. The ships are also associated with theChristian charity “Operation Mobilisation” (OM)

We joined the Logos II in Gibraltar shortly after Christmas and Isigned on as 2nd Mate doing the 12-4 watch. Initially, I spent muchof my time on the bridge bringing the charts and navigationpublications up to date.

Leaving Gibraltar for Tripoli (Libya) we had the blessing of awonderful calm, relaxing, sunny and warm trip down theMediterranean with Mary being able to share the watch with meevery afternoon and several times we were entertained by dolphinsgracefully playing around the bow. 2007 was brought in withtraditional hooting on the ship’s whistle and a Ceilidh, called by aScottish couple which went very well, especially considering therewere 40+ nationalities on board!

We arrived in Tripoli, Libya to a reception of traditional musicand dancing on the quay and the main meeting room was sooncompletely full with over 200 people including ambassadors andlocal dignitaries etc. Also there were numerous photographers, andthe whole thing was broadcast live on TV! We were hosted byWatassimo, a Charity founded by President Gaddafi’s daughter andthey paid for everything. The people were so welcoming andfriendly.

Mary was working in the book exchange in port and she enjoyedmeeting people who stopped to speak. 6000 people visited the firstday, most people in the country apparently having been informedof our presence by a text message on their mobile phones!!

In Tripoli, Mary had the pleasure of attending the AnglicanChurch service ashore with a mostly African congregation(unfortunately I was on duty), followed by much fascinating

conversation. The churches there are for ex-pats and many whoattend are Egyptian. We were told that they were about to celebrateChristmas on the Coptic Church date of 7th January.

In the old town the little narrow streets, small shops and bazaarsare just as you might imagine, and doesn’t look as though it’schanged for hundreds of years. Most people took no notice of usbut there were a few who wanted to have long conversations. Wefound the Libyans to be very kind, gentle people and we felt safewalking around there without much pressure from street vendors,unlike many bazaars I have been to! The history of all the differentinfluences here is fascinating. Starting with the Stone Age,Phoenicians, Greeks, Romans, Arabs, Italians and others have allsettled here at different times. The Berbers are apparentlydescended from Scandinavians centuries ago and are quite paleskinned, and the Tuareg live in the southern desert and are free toroam in any North African and adjacent country. They are unusualin that the men have to cover their faces and the women don’t!

While we were there we had a visit from Gaddafi’s adopted 22year old daughter, (not the one who founded the charity).Apparently her parents were killed in the American air raid onGaddafi’s palace but she was very pleasant, showed no ill feelingtowards our American Captain or others and appeared to take agreat interest in the ship. Hopefully she will have reported backfavourably to her Dad!!!

Watassimo arranged several outings for us, one of which was toLeptis Magna, where we had a wonderful day going around aworld heritage site, one of the largest and best Roman sites in theworld. It is enormous, (they told us it stretches for 10 square kms)and although it was devastated by an earthquake in 11th century,some of the buildings remained spectacularly intact. The site issituated on the coast in a fertile area where all the fruit andvegetables are grown and having been inhabited from Phoeniciantimes covers a long span of history. Our guide’s grandfather hadbeen responsible for some of the archaeological work and hadwritten a book on it. While we were there we were treated to adelicious meal, which according to some was camel, and otherscow, but it tasted like lamb and was very good.

During our stay at Tripoli around 35,000 visited the ship andupon departing we had quite a dramatic send off with a large

Summer 2007 8 The Pilot

A Month on Logos IIAs the pages of this magazine have often recorded, many pilots are involved in charitable work in their off duty time.

The following is an edited account of a cruise on the Charity vessel Logos II by the UKMPA Europilots’ representative,Chris Hughes where he volunteered his services as a deck officer accompanied by his wife, Mary, who volunteered to

assist in the bookshop and at times also helped out as a nurse.

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The Pilot 9 Summer 2007

crowd on the quay, and horns blaring, while many others werewatching from outside the gates. The pilot rather over did the ship’swhistle in reply and our captain would have been much happier ifhe had concentrated more on taking the ship out safely!

On the voyage to our second port Benghazi we had a verywelcome quiet day, before again being met with a similar quaysidereception as in Tripoli with more hooting, and then drums andbagpipes.

Benghazi has a much more provincial ‘feel’ about it and has moreobvious poverty than the capital, with some begging on the streets.There was less English spoken there but those who did speakEnglish were often keen to talk, and some ventured onto quitesensitive issues.

Most homes have satellite TV and there appears to be very littleother entertainment. The women wear all sorts of long clothes andcover their heads with pretty scarves. The vast majority of menwear western clothes.

The Libyans enjoy football and both in Tripoli and Benghazi ourship’s team was invited to play a local team. It turned out that inBenghazi they were semi-professionals and both matches wereplayed in a stadium. Naturally we lost. The entertainment laid onduring our stay was quite profession with dancing and drama andgood to watch – though I heard enough wailing of the local varietyof bagpipes, to last a lifetime!!

We were also lucky enough to join an unforgettable trip toanother Greek/Roman site at Cyrene – a long journey of about 3-4hours and with police and ambulance escort, stopping the trafficwith sirens blaring to take us through the few traffic lights evenwhen red!! We travelled through mountains amongst ravines andcaves before arriving onto a plateau stretching as far as we couldsee, on the Northern edge of which Cyrene is built. The size wasquite extraordinary as it stretches down the north side of theplateau on a spectacular site with view to the sea. Again we wereable to wander over the ruins, even walking on mosaic pavements

and many of us would have liked to have stayed longer but we weremoved on to have our lunch. This involved a drive along the rocky,barren coast, a new looking tourist hotel. The meal was a typicalLibyan one, consisting of a piece of lamb on the bone, with cous-cous, chick peas. There was then a small cake, oranges or bananasfor dessert.

The last Saturday turned out to be the busiest ever with a recordfor the ship of over 11,000 visitors and the International Nighttook place but with no room for us to watch. Apparently, the shipdid a drama on the theme of the Prodigal son, which caused manygood comments and in a letter sent to the ship from the churchesin Tripoli where they also mentioned the significance they felt ofour visit.

The enthusiasm, friendliness and hospitality of the people inLibya far exceeded anything we could have imagined and thewelcome and graciousness amazed us and during our visit over100,000 people had visited the ship.

We sailed from Benghazi on Monday 21stJanuary for Split, again with a lot of hootingalthough it was not nearly as bad as Tripoliand the pilot was much more professional!

We arrived in Split having had a ratheruncomfortable ride through a gale and weremet by people working on the new ship‘Logos Hope’ which is being refitted in ashipyard nearby. Our berth was in the ferry-port in the centre of that attractive city.

Due to a threatened BA Strike most peoplewho were booked on our flight home madeother arrangements so there were only 4 of uspassengers on the plane and we came back inluxury.

Although in some ways it is nice to behome, in so many others we were sad to beleaving the ship and we would have liked tostay longer but I am sure this will not be ourlast time on board an OM ship. While we areserving on these ships we do feel we arebringing knowledge, help and hope to theplaces we visit and for us to do this is aprivilege.

For more information:Logos II: www.mvlogos2.org/Operation Mobilisation: www.om.org/

Chris Hughes.

This is an edit of Chris’ original article whichappears in full on the Pilotmag website.Thefull text of Chris’ account is on the Pilotmagwebsite. JCB

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Summer 2007 10 The Pilot

That’s it!! One cryptic email from onepilot is the sum total of opinion from ourmembership. In his article Avald states: “Ido not believe pilots generally areunaware of the major issues facing us inthe UK or are unconcerned about theirimplications.”

I am sure that every cutter crew or pilottaxi driver will endorse this statement andmy own experience is that when pilotsmeet up they engage in lively discussionsand invariably they have strong opinionson the key issues affecting pilots andpilotage. Indeed, it has been suggested thatthe collective term for a group of pilotsshould be a “whinge of pilots”! However,another factor of pilots that I experiencedduring time serving on our localcommittee was that despite having strongviews on many issues the majority arereluctant to get formally involved byactively participating in surveys,consultations or by joining workinggroups or committees. There seems to bean assumption that there will always be“somebody else” who will get involvedand write the letters and attend themeetings. Fortunately there usually are butperhaps it is the independent nature of thepilot’s job that seemingly detaches themajority from a desire for greaterinvolvement. Such lack of participationinvolvement on a local level is obviouslymagnified for national and internationalinvolvement and it is very easy to slip intoa routine of piloting and believe that whatgoes on outside one’s own district is oflittle relevance. Unfortunately, nothingcould be further from the truth and one ofthe motivations that drive me to continueediting the magazine is a recognition thatthe general ignorance of pilots andpilotage amongst many of those with themost powerful voices in the maritimeworld means that our profession isconstantly under attack from a widevariety of interests but additionally eventswhich occur around the world can and dohave an impact on how we operate aspilots even in the smallest ports. Itherefore trawl the maritime news andincidents reports to try to alert all ourmembers to events which may have a

direct bearing on how we all undertakeour pilotage role. The same concerns overthe impact of national and internationalmaritime trends has prompted others tovolunteer to serve on the SectionCommittee or the sub committees andhere I personally feel that Avald hasdirected some unwarranted criticism. Aseditor of the magazine I have had thepleasure of working with four differentchairmen and many different committeemembers and all have been totallydedicated and shown a willingness tosurrender a considerable amount of theirfree time to ensure that the essential rolethat pilots bring to navigational safety inconfined waters is fully appreciated andthat the need to ensure that highestpossible standards standards in pilotageand training are maintained. In the formercase, despite the bitter dispute on theHumber, the UKMPA have managed tobecome a respected body offering highlyprofessional input to the IMO and DfTand no pilot should underestimate theachievements of participating in theunprecedented defeat of the two EU PortsDirectives aimed introducing competitioninto pilotage provision. The other keyachievement has been the Port MarineSafety Code and here it is Avald himselfwho deserves a medal for his dedication inproof reading all the drafts. If you everneed someone to go through a complexdocument and find the minute changesthat alter the meaning from that desiredthen Avald’s your man! The final draft ofthe PMSC, sent out very shortly beforepublication was due contained many suchchanges which were identified andchallenged by your committee.

On the latter issue of standards,progress is frustrating! A set of standardswas drawn up in parallel with the PMSCwith the idea that they would form anintegral part of the Code. Again yourcommittee spent hours pouring over drafts(thanks again Avald) which wereproduced in conjunction with a subsection of the DfT called British PortsIndustry Training (BPIT). The standardsdocument was completed in 2000 andpublished by BPIT with the title Marine

Pilotage (National OccupationalStandards). It still exists and remains acomprehensive “best Practice” guidancedocument but its incorporation into theCode was shelved when BPIT wasdisbanded and the remit for the standardswas passed to a port run organisationcalled Port Skills and Safety Ltd. (PSSL).The document is still in its original formatand can be downloaded free from thePSSL website at:

www.portskillsandsafety.co.uk/publications/nos5

However, both the ports and ship ownerinterests have spent the last seven yearsarguing over its detail and have resisted itsbeing formally incorporated into thePMSC! One document that has made it toformal incorporation into the Code is theboarding and landing code now called“The Embarkation and Disembarkationof Pilots. Code of Safe Practice”. Some ofyou will have seen this document whichhas been sent to the local secretaries.Reading through it you may think thatthis is straightforward common sense andof course this is the aim. However, againthis has only made it into the PMSC as aresult of dogged determination by thoseon the T&T committee who have had atwo year battle to finalise it in the face ofopposition from the ports’ representatives.At one stage the ports protested that thepilots were attempting to hi-jack theirdocument! The pilots therefore took greatdelight in producing the original handwritten draft drawn up by past T&Tcommittee chairman Peter Russell(London retired) in the 1980’s. And so itgoes on!!

UKMPA??Following questions raised by my editorial and Joe Wilson’s chairman’s report in theJanuary issue, Bristol pilot, Avald Wymark, wrote a long and thought provoking articlefor the spring issue (21st Century UKMPA – The Future?) which in turn raised furtherquestions as to the way forward. I had anticipated that I would be spending a considerabletime editing down responses from members in order to fit a wide spectrum of varyingthoughts into the magazine. So here is the summary of the opinion of the membership:

“My personal response to Avalds peice in the Pilot Mag, good for you Avald, I canfully understand the concerns, we really do need the younger element of the Assoc todecide the future mainly because we will not be around, on a beach somewhere elseI hope, whatever”

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The Pilot 11 Summer 2007

At present, as well as continuing thestruggle for the standards the committeestry to get a representative to all the IMONav sessions to keep an eye on the E-navigation and VTS issues and, withEMPA, are still involved in the MaritimeNavigation and Information Service(MarNIS) project (Pilot passim) whichhas now reached the stage for a prototypefor the pilot laptop unit known asPOADSS to be manufactured and trialledby pilots.

Returning to Avald’s article thequestion of affiliation to a union is raised.Again this is an important issue but in myexperience although any form of Unionmembership is an anathema to manypilots, those pilots (both employed andself employed) who have used the servicesof the T&G have found the advice andhelp provided of great value. I have neveridentified the membership of the T&G asbeing an ìissueî when providingprofessional input into maritime fora.

So where are we now? This questionformed the concluding section of Avald’sletter and in one way the lack of feedbackis indicative that the membership is

satisfied with the way that the Chairmanand other committee members arerunning the Association. However, thereare many issues that currently need to beaddressed and your involvement isneeded. For example, one of the keytopics of every conference is the cost ofmembership and how it may deter pilotsfrom smaller ports from joining. This hasbeen addressed and costs are beingexamined. It may come as a surprise tomany that postage is a significant cost andit was for this reason that circulars arenow posted on the UKMPA websiterather than being posted out. I amabsolutely sure that there isn’t a singlepilot who cannot get access to the Internetso a key question is why only 180 out of488 members have registered?

Another question concerns this verymagazine. I believe that there are benefitsof having the magazine both printed andon-line and that operating the Pilotmagwebsite separately from the main UKMPAsite enables it to provide an “open”pilotage information resource. Feedbackand requests for info from outside bodiesthrough my site tends to confirm this.

However, the costs of printing anddistributing the magazine are high andprevent me from producing it in fullcolour. A quarterly on-line issue wouldcut costs and permit full colour and someof our advertisers are keen to advertise onthe website.

There are many issues to be debated, soremember that you are all A.N. Other solet’s hear from you. It’s your Associationand your magazine so why not comealong to the IDM on board the HQSWellington on 5th September. Superbvenue, good company! Who knows, youmay actually enjoy yourselves! I lookforward to seeing some new faces there.See page 13 or the UKMPA website(circular 3/07) for details.

JCB

Weblinks to MArNIS, the Boarding &Landing Code, and to the registrationpage of the UKMPA website can be foundon the UKMPA website:

www.ukmpa.orgor the pilotmag website www.pilotmag.co.uk

David Balderston

“Don’t worry sir …Yes! that is our berth, the

little ship is backingclear”

I hope

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Summer 2007 12 The Pilot

Bruce Craig Fulton(1940 - 2007)

Bruce was born in the Wirral on 12th May1940, the son of Liverpool Pilot Douglas CFulton.

On leaving school, Liverpool College, in1956, Bruce went to sea as an Apprenticewith the Moss Hutchison Line, tradingmainly to the Eastern Mediterranean, butalso apparently to the Caribbean beforejoining the Liverpool Pilotage Service inearly 1958. After the usual almost seven

years as an apprentice pilot on the pilotboats, during which he valiantly overcamea speech impediment which threatened tothwart his pilotage career, he qualified as aThird Class pilot in September1964.

Five years later, in 1969, he became aFirst Class pilot; sadly this was not longafter the death in service of his father whodied in 1968, and who was justifiablyproud of his son having followed in hisfootsteps.

Then, for twenty years, Bruce, who wasalways a lively, animated and enthusiasticshipmate, diligently and successfullyperformed his duties as a Liverpool Pilot.He spent a couple of years overseas as apilot in Saudi Arabia with other Liverpoolcolleagues during the ‘lean’ years for theLiverpool Service in the 1980’s when some140 self-employed pilots were covering amuch-reduced level of shipping, withsignificant detrimental financialconsequences to all concerned. Theseoverseas secondments were a mutuallybeneficial arrangement both for those whowent overseas and those who stayedbehind.

In due course, in 1989, he was one of theLiverpool Pilots who, after the re-organisation of pilotage in 1988, decidedthat working under the new imposedemployment regime in Liverpool was not

for them. Accordingly, he applied to thenew Southampton Pilotage Service and wasduly accepted. Here he worked successfullyalongside former Liverpool colleagues andhis new Southampton colleagues until hishealth problems led to an ill-healthretirement in April 2003.

Bruce married his lovely wife Barbara in1968, and they were to be the proudparents of four children, Roger, Victoria,Rachel and Emma. His final months of life,after an all too short a retirement, wereextremely difficult, but his sense of humournever left him and those of us who knewhim can hear his distinctive laugh even now.

His funeral was held on the 29th Marchat the very small, but beautifully restored500-year-old Lathom Park Chapel, astone’s throw from his home, and on theday it was filled to the brim with hisimmediate family, who he loved dearly andhis large extended family, which he valuedgreatly. There were also very many friendsfrom the locality and very many of hiscolleagues, some who had travelled aconsiderable distance to pay their lastrespects.

Bruce will be well and fondly remem-bered by all of us who knew him.

Geoff ToppLiverpool pilot (Retired)

OBITUARIES

Gerald William Alexander Smith

It is with sadness that I report the death ofGerald Smith, on Tuesday, 24 April. Hedied at home after a short illness.

Born in 1932 in Soham, Cambridgeshire,Gerald spent his early years in Edinburgh,and then moved to Burnham-on-Sea inSomerset as a young boy. He began his seacareer on the Worcester (1947-1949). He

went on to become a merchant seaman,sailing with Clan Line, joining his first ship,the Clan Maclay, at Vittoria Dock inBirkenhead on 22 August 1949 and set sailon 24th bound for Cape Town. He met thelove of his life, Una, when home on leave,and they were married in 1955.

This was followed by a stint as aHarbour Pilot in Aden (1960 - 1965),where he was joined by Una and their yearold son. Those 5 years were happy andexciting times for the family, until thepolitical situation drove them back home toEngland. In 1965, Gerald began work atGravesend as a River Pilot on the Thames

for Trinity House (and subsequently thePLA) until he retired in 1988.

Gerald and Una remained very much inlove until her untimely death in 1995, andhis memories of her were his constantcompanion for his remaining 12 years.

Throughout his life, Gerald was an avidhistorian, especially concerning all mattersmilitary and nautical. A great wealth ofknowledge has died with him. He leaves amuch loved son and daughter in law andtwo beautiful grand daughters and will begreatly missed.”

Mr Nicholas S G Smith

HMS WorcesterAs mentioned in his obituary, Gerald Smith started hisapprenticeship on board the Worcester training shipwhich was moored at Greenhythe on the Thames. Hisfamily has advised me that Gerald kept someinteresting diaries dating back to this time which theyhope to transcribe and edit with a view providing anarticle for a future issue. Meanwhile, any memberswho served on the Worcester may be interested toknow that there is a thriving Worcester Associationand full details can be obtained via their website:www.hms-worcester.co.uk/homepage.html

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The Pilot 13 Summer 2007

INTERIM DELEGATE’S MEETINGAs you are aware there is no main conference this year since at the last conference itwas decided that a summer date and venue might encourage more delegates to attendand a summer conference will be arranged for 2008. In order to compensate for thelack of a full conference an enhanced one day IDM has been arranged on board theHQS Wellington. At the time of writing this only a couple of districts have registeredso please note the following:

Date: Wednesday 5th SeptemberVenue: HQS Wellinton, Temple Stairs, Victoria Embankment, London WC2 2PN

The meeting will commence at 1030hrs and hopefully be completed by 1630hrs.HQS Wellington will be open from 0930, and Caron from IMPA will be offering aguided tour of the ship prior to the conference session. Those wishing to take a tour ofthe ship are asked to indicate such at the time of registration.

Refreshments will be provided at lunch time, but it will be necessary to make acharge of £20 per person to cover catering costs.

It is essential that Districts inform this office if they are to attend and how manyrepresentatives will be attending. It would be appreciated if this information could beprovided as soon as possible on the form attached to Circular 03/07 which can bedownloaded from the UKMPA website.

Brief history of HQS Wellington

The ship originally started life as HMS Wellington (L65), a Grimsby Class Sloop builtin 1935 for the New Zealand section of the Royal Navy. In 1939 she was returned tothe UKRN and served throughout the war, mainly on convoy escort duty where she isdocumented as assisting in the destruction of a u-boat and rescuing over 250 survivorsfrom torpedoed merchant ships. In 1947 the ship was purchased from the RN by theHonourable Company of Master Mariners (HCMM) and following conversion atChatham dockyard she was renamed HQS Wellington and towed to moorings on theEmbankment, adjacent to Temple Stairs where she remains to this day as the Liveryheadquarters of the HCMM. Following the establishment of the InternationalMaritime Pilots’ Association (IMPA) in 1971, HQS Wellington was also chosen as theheadquarters for the association. The ship underwent a major refit at Sheerness in 1991where the accommodation and facilities were updated to modern standards.

In 2005 ownership of the vessel was transferred from the HCMM to the WellingtonTrust to ensure the on-going preservation of this historic vessel.

The Wellington Trust is the charitable body and its principle aims are:

• The restoration, maintenance and preservation for the public benefit of the sloopHQS Wellington as part of the nation’s heritage.

• The education of the public in the history and traditions of the British MerchantNavy.

As with any historic vessel funds are always required for maintenance and donationsare always welcome. The ship can be also hired for functions where it provides aunique and impressive venue. Full details can be obtained fromwww.thewellingtontrust.com

JCB

Court date set forHPL v ABP

Misfeasance caseAs you will recall from earlier issues ofThe Pilot, Humber Pilots Ltd (HPL)have initiated court proceedingsagainst Associated British Ports (ABP)for Misfeasance in Public Office. In anadmission which has clear imp-lications for all CHAs, ABP hasadmitted, without challenging thepoint, that in its capacity as a CHA itis a “public body”. It is thereforeobliged to conduct its affairs“properly”. The date for the trial ofPilot Colin Brammer and 88 others(HPL) versus ABP is fixed for 9th June2008. It will be heard in the AdmiraltyCourt, Royal Courts of Justice, TheStrand, London.

Pilot laddersI recently represented the UKMPA at ameeting on pilot ladders organised byIMPA who had hoped to have a paperentitled “Improving the safety of pilottransfer arrangements” incorporated intothe next IMO NAV Committee session.Although the paper was rejected for thecurrent session due to pressure on the IMOagenda, the meeting went ahead anywayand brought together pilots and rep-resentatives from Intertanko, InternationalChamber of Shipping (CS), Intercargo, OilCompanies International Marine Forum(OCIMF) and the Society of InternationalGas Tanker and Terminal Operators(SIGTTO). Although informal, muchground was covered and whilst it wasagreed that the existing wheelhouse posterproduced by IMPA had been a remarkablesuccess, evidence was pointing to anincreasingly lack of compliance with theposter’s recommendations and that pilotaccess was a neglected area during theconstruction of new builds. With shipsincreasingly being constructed for specificrather than general purposes some designswere resulting in dangerously poor pilotaccess points. Also even for existing shipsthere are serious issues around access fromthe ladder to the deck and the combinationpilot ladder / accommodation ladderinterface. Interestingly it was PeterHinchliffe, general manager of the CoSwho suggested that rather than wait forIMO, the industry could work with IMPAto produce an illustrated booklet coveringbest and worst practices. IMPA and EMPAintend to hold a pilot ladder safety week inOctober so dust off your cameras and keepa look out for further information in your“inbox” and the UKMPA website.

JCB

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The Pilot 15 Summer 2007

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