Collision between FV Tammy-R and bulk carrier Metal Trader

Outline of incident

The fishing vessel 'TAMMY-R' departed Eden on Wednesday 18 April 1990 bound for fishing grounds off Gabo Island.

According to the crew, after some trawling the vessel completed its last trawl near position 37 56'S 149 56'E at approximately 0300 hours Eastern Standard Time on Thursday 19 April 1990. After boxing and stowing the catch, the Skipper decided to return to Eden in order to have a minor oil leak in the hydraulic steering repaired.

The Skipper set a course to clear Cape Howe and about half an hour later the trawler was apparently in collision with a merchant vessel and sank. The two crew members took to a life raft, eventually being rescued by helicopter some seven hours later.

Conclusions

It is concluded that:

1. The TAMMY-R sank as a result of a collision with another ship.
2. On the balance of probabilities TAMMY-R was in collision with METAL TRADER.
3. The most likely time of the collision is considered to be within the period 0414 - 0421.
4. The collision was brought about by the failure of TAMNY-R to give way to METAL TRADER crossing on the starboard bow.
5. The Skipper of TAMMY-R was negligent in that he failed to ascertain the course of METAL TRADER and whether a danger of collision existed before handing over to the relatively inexperienced Deckhand.
6. The Deckhand was negligent in that:
   a) he failed to ascertain that a danger of collision existed
   b) he failed to give way as required by Rule 15 (COLREGS) to a vessel crossing from starboard
   c) he failed to keep a proper lookout as required by Rule 5 (COLREGS).
7. The Master of METAL TRADER did not stop to offer assistance to TAMMY-R as, at the time, he was apparently unaware that a collision had occurred.
8. The Master of METAL TRADER failed to respond to the distress relays broadcast by Melbourne Radio as they were not received due to a fault in the ship's radio equipment.
   
   It is further considered that:
9. As it is not possible to determine with any certainty whether or not the Officer of the Watch of METAL TRADER was in fact aware that the collision had occurred, either:
   
   (a) the Watch aboard METAL TRADER was inefficient with respect to
   i. keeping a proper lookout (COLREGS Rule 5) in that TAMMY-R was not observed visually or on the radar.
   ii. in that it was unaware that the ship had been involved in a collision,
   
   or
   
   (b) the officer of the Watch was negligent in that:
   i. he failed to take necessary action to avoid collision as required by Rule 17(b) (COLREGS)
   ii. he failed to notify the Master that he had been involved in a collision; and
   iii. he wilfully ignored international conventions in that he failed to stop and render assistance to TAMMY-R.