Any civil liability for a ship accident during navigation lies with the captain and the vessel's owner, judge Décio Gabriel Gimenez, of the 3rd Federal Court of Santos (SP), ruled in the case of the accident of the 'Postojna' on Sep 29, 2011. Civil action for damages, including lost profits, which was filed by a terminal against the Port Authority of Santos (APS) and the agency of the freighterwas unfounded. The accident occurred due to the ship's maneuver carried out at the time of leaving the Port of Santos channel, after completion of loading of 44000 tons of sugar, bound to Indonesia, possibly due to the vessel colliding with debris from the previous shipwreck of the Greek cargo m/v 'Ais Giorgios', partially submerged since January 1974 due to a fire. Responsibility for navigation, as explained above, lies with the shipowner and the master (Law No. 9,537/1997). The plaintiff was the company Rumo. Due to rudder damage, the freighter was unable to continue its voyage and re-docked at the Rumo terminal until it was repaired. The company had allegedthat the measures adopted after the accident affected its operations, preventing it from fulfilling contracts signed with third parties. Therefore, it asked for the defendants to be sentenced to compensate it for the losses suffered and compensate the damages. The amount to be paid by the defendants, in the event of conviction, would be determined through an expert opinion, but the plaintiff gave the case a value of R$5 million. With the claim dismissed, the judge ordered the terminal to pay procedural costs and expenses, in addition to legal fees, set at 15% of the updated value of the action, considering the complexity of the case and the time required to resolve the controversy.
News
JETLINER
Due to bad weather, the 'Jetliner', sailing from Kendari City to the port of Raha City, Southeast Sulawesi (Sultra) with 39 crew members and five passengers on board, ran aground in Muna waters on May 23, 2013, at around 01.30 a.m. WITA, while entering Raha port. Ahead of the grounding, the ferry had suffred damage to the port side main engine, so that during its voyage it used the starboard side main engine. When it entered Muna waters, it was caught by stron winds and currents and got stuck. The KUPP together with the Raha Port Area Police evacuated the passengers. The Harbour Master and related parties planned to return to the ship at around 10.00 p.m. WITA when the water has started to rise to monitor the refloating process. Reports with photos: https://kiatnews.co.id/akibat-cuaca-buruk-kapal-jetliner-kandas-di-perairan-muna-upp-raha-lakukan-evakuasi/ https://butonpos.fajar.co.id/2024/05/22/jetliner-kandas-di-perairan-laino-raha/2/
Rostock
On May 2, a HLC 295000 heavy load crane of Liebherr mounted on the deck of the 'Orion I' crashed in the Seaport of Rostock during a test when lifting a pontoon which was filled with 5.550 tons of water. The crane boom broke off, and parts fell onto the 'Orion I', which started to list to port side, and onto the quay edge. Heavy metal pieces flew around. Five people inside the crane's cabin were injured by the heave jerk. The fire brigade, ambulances and police attended with a large contingent. They tried to free the victims from the steel mesh. There were two serious and three minor injuries. A total of 120 people were on board the 'Orion I' who were now being evacuated and looked after. A rescue helicopter has landed. In addition, large amounts of oil leaked out, which the fire brigade has to collect before it got into the water. It is the second accident on the Liebherr site within a few months. In January, two loading cranes fell into the water during tests. The salvage then took several months. Reports with photos and video: https://www.nonstopnews.de/meldung/32916 https://www.ndr.de/nachrichten/mecklenburg-vorpommern/Rostock-Erneutes-Unglueck-mit-Hafenkran,hafenkran156.html https://www.t-online.de/nachrichten/panorama/id_87809036/rostock-krank-knickt-im-hafen-ab-fuenf-verletzte.html
Everett WA
The American destroyer USS 'Kidd' returned to Everett after nearly 50 crew members aboard were tested positive for coronavirus as of April 27, 2020. This was the second reported outbreak of COVID-19 aboard a US Navy vessel at sea. After concerns were raised about cases aboard the USS 'Theodore Roosevelt', one sailor assigned to that ship died from coronavirus complications. Roughly half the crew members on the USS 'Kidd' have been tested for the virus, and some have been evacuated. 45% of the ship have been tested for COVID-19, with 47 total positive results. Two Sailors have been medically evacuated. 15 sailors have been transferred to USS 'Makin Island (LHD 8)' for monitoring due to persistent symptoms. None were in the ICU or on ventilators. Sailors aboard the USS 'Kidd' were wearing PPE and N95 masks. Initial COVID-19 testing of sailors from the USS 'Theodore Roosevelt' were now complete, there are 955 active cases, along with 14 recovered cases. The USS 'Kidd' was on a counter narcotics mission' when ait was reported at least 18 crew had fallen ill with the virus.
CG WALNUT
The oast Guard Cutter 'Paul Clark' has repatriated 31 migrants to Cuba on May 22, following multiple interdictions in the Florida Straits. The first interdiction occurred on the morning of May 17, when Sector Key West watchstanders received a report from the 'Walnut' of a migrant voyage 38 miles southwest of Marquesas, Florida. The 'Walnut' arrived on scene and safely embarked the migrants. The second interdiction occurred on the afternoon of May 17, after an Air Station Miami HC-144 Ocean Sentry aircrew detected a migrant vessel 23 miles north of Matanzas, Cuba. Sector Key West watchstanders diverted the 'Walnut', which safely embarked the migrants. The final interdiction occurred on thze morning of May 18, when Sector Key West watchstanders received a report from a good Samaritan of a migrant venture 23 miles south of Plantation Key, Florida. Coast Guard Station Islamorada boat crews arrived on scene and safely embarked the migrants. Once aboard the Coast Guard cutter, all migrants were treated with dignity and respect, and receive food, water, shelter, and basic medical attention. Report with photo: https://www.news.uscg.mil/Press-Releases/Article/3784117/coast-guard-repatriates-31-migrants-to-cuba/
PROTOPOROS XIV
On May 22, 2024, at noon, the Port Authority of Salamina was informed that the ferry 'Empedoklis' ((IMO: 9812793) allided with the docked 'Protoporos XIV' during the berthing manoever at the port of Palukia, causing minor property damage, on a scheduled route from the port of Perama with 136 passengers and 77 vehicles on board. The 'Pioneer XIV' had no passengers and vehicles on board. No injuries were reported from the incident, and no marine pollution was observed. The Port Department of Salamina of the Central Port Authority of Piraeus, which was conducting the preliminary investigation, banned both ships from sailing , until the certificates of seaworthiness have been presented by the attending classification societies.
Marseille
The 'AIDAblu' made a brief stopover yesterday in Marseille on April 26, 2020, to embark several hundred crew members of one of his sisterships, the 'AIDAsol', which has been moored in the port for 1,5 months. The transfer took place to facilitate the repatriation of AIDA personnel via Germany. The 'AIDAblu' set sail again in the afternoon. At the same time, another cruise ship which had been berthed in Marseille since last month, the 'Europa 2' of Hapag-Lloyd Cruises, set sail to also return to Germany, its arrival in Hamburg was scheduled for May 2. The Marseille areas now hosted six cruise ships, the 'Costa Smeralda', 'MSC Magnifica' and 'AIDAsol', 'Le Boréal', 'L’Austral' and 'Le Lyrial'. The repatriation operations of the international personnel of these ships was still in progress, in particular via flights chartered by the owners. This was particularly the case for the crew members of the 'MSC Magnifica', which arrived on April 20 and who also landed 4 tonnes of food surplus, donated to local associations to help the most disadvantaged.
CGC PAUL CLARK
The 'Paul Clark' has repatriated 31 migrants to Cuba on May 22, following multiple interdictions in the Florida Straits. The first interdiction occurred on the morning of May 17, when Sector Key West watchstanders received a report from the Coast Guard Cutter 'Walnut' of a migrant voyage 38 miles southwest of Marquesas, Florida. The 'Walnut' arrived on scene and safely embarked the migrants. The second interdiction occurred on the afternoon of May 17, after an Air Station Miami HC-144 Ocean Sentry aircrew detected a migrant vessel 23 miles north of Matanzas, Cuba. Sector Key West watchstanders diverted the 'Walnut', which safely embarked the migrants. The final interdiction occurred on thze morning of May 18, when Sector Key West watchstanders received a report from a good Samaritan of a migrant venture 23 miles south of Plantation Key, Florida. Coast Guard Station Islamorada boat crews arrived on scene and safely embarked the migrants. Once aboard the Coast Guard cutter, all migrants were treated with dignity and respect, and receive food, water, shelter, and basic medical attention. Report with photo: https://www.news.uscg.mil/Press-Releases/Article/3784117/coast-guard-repatriates-31-migrants-to-cuba/
EMPEDOKLIS
On May 22, 2024, at noon, the Port Authority of Salamina was informed that the 'Empedoklis' allided with the docked ferry 'Protoporos XIV' ((IMO: 9848974) during the berthing manoever at the port of Palukia, causing minor property damage, on a scheduled route from the port of Perama with 136 passengers and 77 vehicles on board. The 'Pioneer XIV' had no passengers and vehicles on board. No injuries were reported from the incident, and no marine pollution was observed. The Port Department of Salamina of the Central Port Authority of Piraeus, which was conducting the preliminary investigation, banned both ships from sailing , until the certificates of seaworthiness have been presented by the attending classification societies.
San Diego
The number of coronavirus cases aboard the USS 'Kidd' rose to 64 as the Navy destroyer pulled into port at San Diego on April 28, 2020, to get medical care for the crew and to disinfect and decontaminate the ship. The 'Kidd' was the second Navy ship to have an outbreak of the disease while at sea, the other being the USS 'Theodore Roosevelt', an aircraft carrier that has been docked at Guam for a month and has more than 900 sailors with confirmed cases of COVID-19, but the entire crew has now been tested. The Navy has moved swiftly to get the 'Kidd''s crew ashore. That was a point of contention with the 'Roosevelt', whose skipper, Capt. Brett Crozier, felt compelled to write to several other commanders pleading for more urgent Navy action to protect his crew of nearly 5,000. Crozier was then relieved of command for what the Navy's top civilian official at the time, Thomas Modly, called poor judgment. Modly resigned several days later, and the Navy is now seeking higher-level approval to reverse his move and restore Crozier to command. The Navy said that 63% of the 'Kidd''s crew of more than 300 had been tested as of April 28. One sailor was medically evacuated to the United States on April 22 after experiencing shortness of breath. Fifteen were transferred to another ship with a medical facility for closer observation of symptoms. Sailors being removed from the 'Kidd' at San Diego will be isolated with twice-daily medical screenings. Crew members who have tested negative will enter quarantine for a period of observation, with military health professionals monitoring them for symptoms. Also, a small contingent of sailors who tested negative will remain on the ship for essential services and deep cleaning. The cleaning is expected to take two weeks. The destroyer had been off the Pacific coast of Central American doing counter-narcotics operations. The Navy said no deployed ships currently have known coronavirus cases aboard. 13 ships that previously had one or more active cases while in port have zero cases now.
Flensburg
The Flensburger Schiffbau-Gesellschaft shipyard a which had been operating at a loss for some time, filed for self-administered insolvency on April 24. The goal of the shipyard’s filing was to permit it to start afresh. The future of Flensburger Schiffbau-Gesellschaft in the medium term was in building Ro-Ro ferries, according to the message delivered by the management at a workers meeting on Sunday April 26. The move is specifically designed to allow the company to start from fresh without existing contractual obligations to customers and suppliers. Though an administrator will be brought in from outside the company, the company management will continue to control the business which is a different process to bankruptcy in German law. Investor Lars Windhorst is prepared to put money into the business through his Tennor Holding investment vehicle. Tennor Holding took 100% control of the yard in 2019. He has said, however, that the money should not be used on loss making contracts. The former majority owner Siem Industries is interested in contracting 4 further Ro-Ro ferries from the yard. Siem recently took delivery of LIEKUT, the eighth of a series of vessels built by FSG for the company to charter out. FSG had been making significant losses for a number of years. The Siem group acquired the company for a token €1 back in November 2014 after severe liquidity problems. Those losses massively increased in recent years, however, with the yard losing an eye watering €111m in 2018. The hugely increased losses were due in part to delivery delays with Irish Ferries 'W.B. Yeats' and the subsequent penalty payments made to Irish Continental Group (ICG). The agreed contract price to build the 'W.B. Yeats' is understood to have left little to no margin for the yard in the first place.