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THE MCA IN MGN 315 (M) EXPANDS ON THIS
WITH: “8.2 The look-out must be able to give full attention
to the keeping of a proper look-out, and no
other duties shall be undertaken that could interfere
with that task. The duties of the look-out and helmsman
are separate, and the helmsman should not be
considered to be a look-out except in small vessels
where an unobstructed all-around view is provided at
the steering position and there is no impairment of
night vision or other impediment to the keeping of a
proper look-out.”
The above two paragraphs are not open to interpretation.
They are law. Unless you have a suitably qualified
crew member on the bridge with radars operating “at
all times,” then you are breaking the law and not only
endangering the yacht, the crew and passengers under
your command, but also all other vessels, personnel and
the environment in your area.
There was an incident in the anchorage off St. Tropez during
the 2010 Mediterranean season where a large Feadship
dragged anchor, colliding with another anchored
motor yacht. This is an all too common incident, and it
occurred because all crew were engaged with guests
and owners (there was a party aboard) and no one was, it
has been revealed, available for anchor watch.
My argument remains that there is an endemic design
fault in the majority of yachts that not only results in insufficient
crew numbers to fully comply with obligations
toward maritime law but also does not allow crew members
to fully provide the resort-like services their guests/
owners quite rightly demand.
CASE IN POINT: There is a well-known Dutch shipyard
that builds semi-custom yachts in the 47-metre range
that is equipped with bunks for eight crew — nine if the
captain is part of a couple. This model is built to and
complies with the MCA LYII Code. How can the MCA or
the Flag States think a captain can operate a yacht of this
size with this number of crew and do so legally while also
providing crew with the required hours of rest?
The MCA, Flag States and Classification Societies have
never considered the problem we have, nor have they
fully investigated what numbers of crew are required
to operate a yacht to acceptable standards in all areas
and departments. A yacht has to be greater than 500GT
before authorities decide to even issue a Safe Manning
Document. This is as ludicrous as it is unprofessional.
Most yachts, and hence their captains and crew, simply
do not operate legally. Whilst some (and I stress “some”)
yachts are operated legally and professionally, they are
the minority, and typically over 3,000GRT and commanded
by a Master Class 1.
The MCA’s standard comment has been, “Captains and
companies must ensure the rules and regulations are
complied with,” which is an over simplification of a very
difficult problem — and quite simply a cop out on their
behalf. The time has come when this industry has a long,
hard look at what we deem acceptable, and how endemic
and continued illegal activity can be deemed acceptable
as “a part of yachting.”
The only way to ensure that yachts are designed and built
to accommodate and carry sufficient crew to operate legally
is through legislation, and this push must come from
industry-representative bodies such as the Professional
Yachtsmen’s Association (PYA). The International Labor
Convention’s Maritime Labor Convention 2006 is an excellent
start. Sadly, the yachting industry and the PYA in
particular have attempted to dilute this convention, leaving
captains and crew with no alternative but to operate in
violation of basic maritime law and regulation.
I come from a commercial background, and the unprofessional
thread of “acceptable behavior” I see throughout
the yachting industry is horrifying. Whilst no one
wants to see “the big one” happen to anyone, I cannot
help but feel that a catastrophic accident involving a superyacht
may not be too far away.
Captain Sue Denim has more than two decades of experience
in the marine industry and has been an instructor
at a leading maritime institution. She has completed four
new build projects up to 70 meters and has run superyachts
all over the world.
Unless you have a suitably qualified crew member on the bridge with radars
operating “at all times,” then you are breaking the law.
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