FOR OFFICIAL USE
[Crown Copyright Reserved.]
(No. S. 355.)
STEAM TRAWLER "AVONDOW."
THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
In the matter of a Formal Investigation held at Aberdeen on the
24th day of May, 1933, before John Dewar Dallas, Esquire, Advocate,
Sheriff Substitute of Aberdeen, Kincardine and Banff, assisted by
Commodore H. Stockwell, C.B., D.S.O., R.D., Captain Edward Barkley,
and Walter Bates, Esquire, into the circumstances attending the
stranding of the British steam ship "Avondow" of Aberdeen, official
number 137101.
The Court, having carefully inquired into the circum-stances
attending the above-mentioned shipping casualty, finds for the
reasons stated in the Annex hereto, that the stranding and loss of
the said vessel were due to the default of the skipper, Alexander
Flett, and of the 2nd hand, Alexander Cowie. The Court finds (1)
that the skipper, Alexander Flett was in default and suspends his
certificate for 12 months, and (2) that the 2nd hand, Alexander
Cowie was also in default, and suspends his certificate for 6
months, both from the date hereof.
Dated this 30th day of May, 1933.
We concur in the above Report.
| | HENRY STOCKWELL,
ED. BARKLEY,
W. BATES, | Assessors. |
Annex to the Report.
This Inquiry was held at the Sheriff Court at Aberdeen on the
24th day of May, 1933. Mr. M. M. Duncan appeared for the Board of
Trade, and Mr. E. W. H. Brander for the skipper, Alexander
Flett.
Alexander Cowie, the 2nd hand, appeared in person.
The s.t. "Avondow," official number 137101, was a ketch-rigged
single screw trawler, built and engined by Messrs. Hall Russell and
Co., Ltd., of Aberdeen, in the year 1914. Her tonnage was 196.68
gross and 77.13 net register. She was fitted with inverted direct
acting triple expansion engines of 78 N.H.P. (475 I.H.P.) with one
multitubular boiler.
Her registered dimensions were, length 115.4 feet B.P., main
breadth 22.1 feet, and depth of hold 13.2 feet.
She was constructed with three bulkheads.
On her last voyage she carried a crew of 10 hands all told
including the skipper, Alexander Flett, certificate No. 18189. She
carried the life-saving apparatus and boat usual in ships of her
class. Her steering compass was fixed in the roof of the
wheelhouse, and she had a second compass in the skipper's berth.
The wheelhouse compass was last adjusted on the 29th September,
1932, by Mr. W. Murray of Messrs. Berry and Mackay, certificated
compass adjusters, of 67, Marischal Street, Aberdeen. She left
Aberdeen on her last voyage on the 22nd February, 1933, and
proceeded to the fishing grounds N.N.W. of Rona's Voe (Shetland
Islands). The skipper's evidence showed that she ran a distance of
18 miles in a N.N.W. direction from Rona's Voe, and commenced
fishing there round a Dan buoy belonging to the "Loch Hourne," but
there is no evidence to show that this buoy was moored; the 2nd
hand stating in his evidence that he did not see it at any time.
The vessel stopped fishing, and started for home, at about 3 p.m.
on Sunday, the 26th February. A course of S.S.W. was set, and the
log was set. The weather at the time was fine but hazy, with a
light to moderate breeze from S.E. The skipper stated that the
vessel dodged about for about three hours before starting for home
(the Dan buoy having been lifted) and at the time of departure he
estimated that the vessel was about 21 miles N.N.W. of Rona's Voe.
The Court is of the opinion that his estimation was very much in
error, and considers that the vessel was considerably farther to
the westward. This opinion is supported by the evidence of the 2nd
hand, which showed that when fishing was commenced, about 175
fathoms of warp was used; whereas latterly this had to be increased
to 210 fathoms, showing that the vessel had got into deeper water.
No soundings were taken nor any efforts made to fix the vessel's
position on departure other than the estimation made by the
skipper; so she really started on her voyage homeward from a
position which was a very doubtful one.
The weather began to get bad between 6.30 p.m. and 7 p.m. and
after running 35 miles by the log the course was altered to S. by
W. ½ W. This was at 7 p.m., at which time the skipper estimated
that the vessel had passed 3 to 4 miles westward of Foula Island,
which he could not see owing to darkness and rain. He did not make
any allowance for the wind, which was striking the vessel on the
port bow, on this new course. Shortly after starting on this new
course the vessel was put head to wind and sea (S.S.E.) for a
period of about four hours, during which time the decks were being
cleared of fish.
For 2½ hours of this time the engines were at "slow" which it
was estimated would take the vessel just a little to windward. The
previous course, S. by W. ½ W., was resumed when the decks had been
cleared. The skipper left the bridge and went below about 1 a.m. on
Monday the 27th February, leaving the vessel in charge of the 2nd
hand, Alexander Cowie. He did not tell the 2nd hand where he
thought the vessel was; he only gave him the course to steer, S. by
W. ½ W. and orders to re-set the log when abeam of the south light
on Fair Isle; if he did not see Fair Isle Light he was not to
re-set the log but to carry on the same course which would take the
vessel to Rattray Head. Owing to the state of the weather he did
not think that Fair Isle Light would be visible much more than 6
miles; but he felt certain that the course the vessel was on would
take her mid-way between Fair Isle Light and Dennis Head Light. The
2nd hand stated that when he went on the bridge to relieve the
skipper, he saw the loom of a light before the beam on the port
side, bearing roughly S.E.; he did not say anything about this
light to the skipper and did not know if the skipper had seen it,
but at about 2 a.m. he told Andrew Ritchie, who was then at the
wheel, that he thought it was the Fair Isle Light. About five
minutes before the vessel stranded, the engineer reported that
there was a noise, as of some part of the fishing gear bumping
against the port side; the 2nd hand told the helmsman to go down
and secure this gear, taking the wheel himself while the man was
absent. He was in the act of bringing the vessel head to wind to
facilitate this when the vessel stranded, her head at this time
being S.S.E. The engines were "slow" at the time, and as soon as
she struck they were stopped, and at the same time the skipper came
on the bridge. Time was 3.30 a.m. A kedge anchor with 60 fathoms of
wire rope was carried out and efforts were made to heave the vessel
off the rocks, assisted by the engines going "astern." There were
12 fathoms of water astern of her, and her fore part was fast on
the rocks. These efforts were continued until the engineer had to
leave the engineroom on account of the water rising therein. At
about 7 a.m. it was decided to abandon the vessel and all hands
took to the small boat. The wind and tide being strong, they were
unable to keep her near the wreck, and were driven across to Eday
on the other side of the sound, landing there about 11 a.m.
The evidence in this case points to a general slackness or
laxity in the navigation of the vessel and the total loss of this
trawler was due entirely to this cause. The Court considers that
the action of the skipper in going below at 1 a.m., without having
taken any steps to verify the vessel's position at any time,
although she had been steaming for 10 hours from a departure
position that was doubtful, with the weather and visibility getting
worse, showed a lack of sense of responsibility which it is
difficult to understand in any seaman of experience. The failure of
the 2nd hand to take steps to verify the light which he saw, is
also difficult to understand; for this man was in possession of a
skipper's certificate and had considerable experience in these
waters. He did not report having seen this light, neither did he
take a sounding, which act alone would have shown that the vessel
was considerably farther to the west than assumed, and that the
light in question was Dennis Head and not Fair Isle Light.
At the conclusion of the evidence Mr. Duncan, on behalf of the
Board of Trade, submitted the following questions for the opinion
of the Court:-
Questions.
1. When the steam trawler "Avondow" left Aberdeen on the 22nd
February, 1933, for the fishing grounds in Shetland Waters was she
in good and seaworthy condition?
2. Was she equipped for the voyage with-
(a) any, and if so what, sounding appliances?
(b) any, and if so what, information in volume form?
Did such information, if any, include the North Sea Pilot, Part
I?
(c) any, and if so what, charts for the voyage? Were
such sounding appliances, information and charts adequate for the
voyage?
3. Did the skipper, Alexander Flett, and the 2nd hand, Alexander
Cowie, make any, and if so sufficient, use of the information and
charts during the voyage?
4. What compasses had the vessel and where were they
situated?
When and by whom had they last been professionally adjusted?
Were deviation cards supplied to the skipper after such
adjustment?
5. Were the compasses sufficient for the safe navigation of the
vessel? Had the skipper corrected the compasses by observation from
time to time and did he know the proper corrections to be applied
to the compasses?
6. What was the position of the "Avondow" when she commenced her
homeward voyage on the 26th February, 1933? At what time was the
homeward voyage commenced? What steps did the skipper take to fix
the position of the ship at the time when the homeward voyage was
commenced? Were such steps adequate and proper?
7. What was the state of-
(a) the weather;
(b) the tide;
(c) the visibility
at that time?
8. On what chart was the vessel being navigated after she left
on her homeward voyage? Was that chart adequate for the safe
navigation of the vessel?
9. What course was set when the vessel took her departure on the
homeward voyage? Was that course a safe and proper one? At what
speed was she navigated?
10. When was the first alteration of course made after the
vessel's departure from the fishing ground? What alteration was
made? Why was it made? Was the new course a safe and proper
one?
11. What was the next alteration in the course and speed of the
vessel? Why was it made and for how long did the vessel remain on
that course and at that speed?
12. What was the next alteration of course and speed and when
did it take place? On what course and at what speed was she
navigated after that alteration?
13. In setting the various courses was due and proper allowance
made for the varying effect of the combined force of the wind and
tide?
14. When did the skipper hand over the watch to the 2nd hand?
Had he taken any, and if so what, steps to ascertain the position
of the vessel before he handed over to the 2nd hand? If he had not
taken such steps should he have done so? If he had taken such steps
did he communicate the result to the 2nd hand?
15. Was the skipper justified in leaving the bridge when he did,
having regard to his state of knowledge as to the position of the
vessel? What instructions did he give to the 2nd hand when he
handed over the watch? Were such instructions proper and
adequate?
16. What, if any, were the skipper's standing instructions with
regard to the action to be taken by the officer of the watch in
cases of doubt? Were these standing instructions adequate and were
they understood by the 2nd hand? Did the 2nd hand fully comply with
the standing instructions?
17. Did the 2nd hand observe the loom of a light during his
watch? If so, when did he observe it and what was its bearing and
distance?
18. If the 2nd hand did observe a light did he take all proper
steps to ascertain its identity? Did he succeed in ascertaining its
identity?
19. When the light was abeam did the 2nd hand take soundings? If
not, should he have done so?
20. On what course and at what speed did the vessel proceed
after passing the light? Were any, and if so how many, soundings
taken between the time when the vessel passed the light and the
time when she stranded? If so, what results did they give? If not,
should soundings have been taken?
21. Was a good and proper lookout kept on board the vessel?
22. Was the vessel navigated with proper and seamanlike
care?
23. At what time and where did the vessel strand? Were all
possible efforts made to save her?
24. What was the cause of the stranding of the vessel?
25. Were the stranding and subsequent total loss of the s.t.
"Avondow" caused or contributed to by the wrongful act or default
of Alexander Flett, the skipper, and Alexander Cowie, the 2nd hand,
or of either, and if so which, of them?
Answers to Questions.
1. Yes.
2. (a) One lead of 7 lbs. and 90 fathoms line.
(b) She did not have the North Sea Pilot, Part I, on
board; the only book she had was the Fisherman's Almanac.
(c) Charts on board-North Sea 70 A & B and Close's
Fishing Chart-Sounding appliances, information and charts, were not
in our opinion adequate for the voyage.
3. We do not consider that they made sufficient use of the
information and charts that they had on board.
4. Two compasses; one fixed overhead in the wheel house and a
second in the skipper's berth. The wheel house compass was last
adjusted by Mr. W. Murray, of Messrs. Berry and Mackay,
certificated compass adjusters of Aberdeen, on the 29th September,
1932.
A deviation card was supplied.
5. The compasses were sufficient for safe navigation. He had not
corrected them from time to time, but he had a card showing no
errors to be applied.
6. There is no evidence to show the ship's actual position at
that time; the skipper stated that she was about 18 to 21 miles
N.N.W. of Rona's Voe, but the Court does not admit that position,
and is of the opinion that the vessel was much farther to the
westward. No steps were taken by the skipper to fix the position of
the vessel. The homeward voyage commenced at 3 p.m. on the 26th
February, 1933.
7. (a) The weather was fine.
8. Navigating on Chart 70 A.
It was adequate, although the scale is small.
9. Course set was S.S.W. in the circumstances this was not a
safe and proper course-Speed was 9 knots.
10. First alteration was made at about 7 p.m. Course altered to
S. by W. ½ W. because the skipper thought he had passed Foula
Island without seeing it. No more so than the previous course of
S.S.W. was.
11. She was headed up to wind and sea, heading about S.S.E. with
engines at "slow" for 2½ hours. This was done to enable the crew to
clear up the decks, and this course was maintained for 4 hours.
12. At about 11 p.m. the course of S. by W. ½ W. was resumed,
and she was kept on this course, and speed was about 9 knots.
13. No allowance was made for the effect of the combined force
of the wind and tide.
14. At 1.15 a.m. on the 27th February. He had not taken any
steps to ascertain the position before handing over to the 2nd
hand.
He should have taken steps to ascertain the ship's position.
15. He was not justified in leaving the bridge when he did,
having regard to his state of knowledge as to the position of the
vessel.
He instructed the 2nd hand to set the log when the ship was
abeam of the south light on Fair Island. As he was not sure of the
ship's position, these instructions were not adequate.
16. Skipper's standing instructions were, "to be called if in
doubt at any time." They were understood by the 2nd hand and in
ordinary circumstances would be adequate. The 2nd hand did not
fully comply with these standing instructions.
17. The 2nd hand stated that he saw the loom of a light, now and
again, on the port side, directly he went on the bridge, bearing
roughly about S.E. and distant perhaps 6 or 7 miles.
18. He took no steps to identify the light, and he did not
identify the light.
19. He did not take soundings, but certainly should have done
so.
20. After passing the light, the same course and speed were
maintained; no soundings whatever were taken. Soundings should
certainly have been taken.
21. A good and proper lookout was kept.
22. The vessel was not navigated with proper and seamanlike
care.
23. She stranded at 3.30 a.m. on the 27th February, 1933, on the
rocks of Sanday Island (Orkneys). A kedge anchor was carried out
and efforts were made to heave her off assisted by the engines
going astern, but without success.
24. The stranding was caused by the default of the skipper in
not having taken steps to ascertain the ship's position, and
thereby steering courses which were actually dangerous; and
contributed to by the 2nd hand in that he took no steps to verify
the light that he sighted.
25. The stranding and subsequent total loss of the s.t.
"Avondow" were caused by the default of both the skipper, Alexander
Flett and the 2nd hand, Alexander Cowie.
We concur,
| | HENRY STOCKWELL,
ED. BARLEY,
W. BATES, | Assessors. |
(Issued by the Board of Trade in London
on Thursday, the 29th day of June, 1933)
LONDON
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