Navigation Related Technical Investigation Flaws

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Information about Navigation Related Technical Investigation Flaws
News & Politics

Published on August 17, 2009

Author: manioberoi



STCW 95 STCW 78 Different Treatment for Rest Period Policy Not Considered by Taiwan Prosecutor

NAVIGATION RELATED TECHNICAL INVESTIGATION FLAWS IN INDICTMENT File No.: 2009-chen-tzu-ti-1873 DATED 16 JULY 2009 BY Prosecutors Hsueh Chih-Yu AND Lin Shih-Chun of Hualien District Court of Taiwan Ser Indictment Technical Flaws 1 Page 8: The repeated forcible attempts to hoist the capsized Shin "Afterward, three Tomg Chyuan No. 86 to stand upright with a bulldozer hoists and a bulldozer damaged the hull. Later the correct method of pumping were brought in to help air into the now damaged but still unbroken hull with with the evidence proper use of two heavy-duty hoists made the ship float. collection operation The denial of joint inspection by both sides makes the and eventually proved charges at Page 12 “hull of the fishing boat Shin Tomg useless to enable the Chyuan No. 86 was damaged” unreliable and capsized Shin Tomg unacceptable as evidence in any civilized system of Chyuan No. 86 to stand jurisprudence. upright." Page 9: "It was not until 15:44, May 1 were two heavy- duty hoists deployed to hoist the hull and was air pumped into the hull so that the capsized Shin Tomg Chyuan No. 86 stood upright successfully and emerged from water to be afloat." Page 12: "11 A report made by the Criminal Investigation Bureau, Ministry of interior on evidence collected from the wreckage of the fishing boat Shin Tomg Chyuan No. 86 The fact that the hull of the fishing boat Shin Tomg Chyuan No. 86 was damaged."

2 Pages 14-15: The International Convention on Standards of Training, "According to Certification and Watchkeeping for Seafarers 1978, as testimonies given by amended in 1995 (STCW-95) was adopted by the witnesses Hsu Kuo- International Maritime Organisation (IMO) in 1978 and Ching and Chu Cheng- came into force in 1984. During the late 1980s, it was Kuo who are officials clear that STCW-78 was not achieving its aim of raising of Keelung Harbor professional standards world-wide, and so IMO Bureau, Ministry of members decided to amend it. This was done in the early Transportation and 1990S, and the amended Convention is now referred to Communications, as STCW-95. Whereas the STCW-78 Convention during prosecutor focused almost entirely on knowledge, the emphasis of interrogation, STCW-95 has been shifted to practical skills and international maritime competence underpinned by theoretical knowledge. The customary practice: in standards set by the Convention applies to seafarers of addition to operating all ranks serving on sea-going merchant ships registered the helm, a sailor shall under the flag of a country Party to the Convention. The serve as a lookout Convention has already been accepted by 133 countries, man; if an officer is on including all major labour suppliers and shipping duty in the steering registries but R.O.C. Taiwan does not find a mention room/bridge and has here. Between 7 February 2007 and 11 May 2007 eight switched to manual vessels of R.O.C. Taiwan Coast Guard were got steering, the sailor at inspected for classification by an IASC member, DNV helm shall be in charge on specific request of owner. This resulted in a of operating the helm withdrawal of classification of all eight vessels. only; a senior sailor shall follow an order This may point to serious deficiencies in the way subserviently rather STCW 78 / STCW 95 is being implemented in R.O.C. than take charge of Taiwan. CCRS, R.O.C. Taiwan is currently amongst determining the course non-IACS Classification Societies. "Notice published of navigation. Even if a pursuant to Article 27(4) of Council Regulation (EC) No senior sailor finds that 1/2003 in Case 39.416 — Ship classification" on 10 a command given by an June 2009 has opened the way for non IACS members officer on duty is such as Taiwan's CCRS to consult technical data on wrong, the senior IACS database by 2011. As a direct result of this sailor shall not be decision IACS Quality System Certification Scheme is entitled to contesting also being modified so that requirements therein (the the wrong command Quality Management System Requirements and IACS given by the officer on Unified Requirements, Common Structural Rules, duty. In other words, a Unified Interpretations and Procedural Requirements) senior sailor only has can be applied equally by IACS Members and non-IACS to follow a superior Classification Societies (including non-Applicants for officer’s orders and IACS Membership). execute the orders. The International It is only in 2011 that any R.O.C. Taiwan entity or Convention on investigator would be able to meet the quality standards Standards of Training, requisite for navigation investigations of member Flag

Certification and State vessels on the high seas. Hence the so called Watchkeeping for investigation by witnesses Hsu Kuo-Ching and Chu Seafarers, 1978, or Cheng-Kuo who are officials of Keelung Harbor Bureau, 1978 STCW for short, Ministry of Transportation and Communications, R.O.C. provides: a competent Taiwan do not meet the quality standards for fair and seafarer, a helmsman, impartial investigation for the Panama Flag State vessel or a sailor shall M.T. Tosa. operate the helm or look out for danger in A proper investigation is sine qua non for proceeding the course of with any criminal action. No proper investigation having navigation of the been seen to be done makes the criminal trial at Hualien, vessel, or shall stand illegal, arbitrary and against the principles of natural guard at the end of a justice, which are recognized by all civilized nations. staircase of the vessel while the vessel was It shall therefore be incumbent upon Flag State, Panama moored to a harbor, to file for prompt release of crew as well as a separate and shall follow the application for provisional measures. orders given by the Chief Officer, a navigation sailor on duty, or the chief seafarer, clean/maintain the inside and outside of the hull, machines installed on the deck, and the living cabin, and prepare for the goods to be loaded or unloaded."

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