EDITORIAL JANUARY 2008

March 21st, 2008 by JCB
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The role of the pilot has never been easy to define but generally the Master pilot relationship results in a mutual understanding that works remarkably well considering the number of ship movements that are undertaken without incident throughout the world every day. Unfortunately a combination of circumstances inevitably combine which results in an incident in pilotage waters and of course the investigators have the benefit of hindsight to analyse in detail what went wrong and make “recommendations”. However, there is a fundamental difference between undertaking investigation to produce reports to provide “lessons learnt” in order to prevent others making a similar error and using the findings to apportion blame which could result in prosecutors using such fact finding reports in support of legal action. Regrettably there is an increasing tendency towards the latter in maritime investigations and whilst the system has worked extremely well for the air industry it is no longer working for the maritime industry.

In a recent “Viewpoint” column in Lloyd’s List, Michael Gray eloquently wrote about this development and quoted Dennis Bryant of Holland+Knight who has accurately summed up the difference in the following quote “When there is an aviation casualty, the search starts for the cause and how to prevent a recurrence, When there is a maritime casualty, the search often starts for someone to blame and possibly prosecute. “

Pilots are of course at the front line and the UKMPA are currently supporting two members whose authorisations are under threat following incidents. By seeking to identify a “culprit” in every maritime incident and possibly using MAIB reports to bring legal action against individuals there is a danger that those involved will increasingly refuse to co-operate in investigations. This is a serious problem that the MAIB needs to address as a matter of urgency.