Crown Copyright Reserved
No. 7942
M/L "SKYLARK 6"
THE MERCHANT SHIPPING ACT,
1894
REPORT OF COURT
In the matter of a Formal Investigation held at the Town Hall,
Bournemouth, on the 7th, 8th, 9th and 10th days of August, 1946,
before Owen Latham Bateson, Esq., K.C., assisted by Captain Piers
de Legh and R. A. Parker, Esq., into the circumstances attending
the loss of the motor passenger launch "Skylark 6" on the 21st
April, 1946, in Poole Bay.
The Court having carefully inquired into the circumstances
attending the above-mentioned shipping casualty, finds for the
reasons stated in the Annex hereto, that the loss of the "Skylark
6" was occasioned by the incursion of water from some unexplained
cause which may have been produced by fracture of or other failure
in the propeller shafting.
Dated this 10th day of August, 1946.
OWEN L. BATESON, Judge.
We concur in the above Report.
| | PIERS DE LEGH | Assessors. |
| | R. A. PARKER |
QUESTIONS AND ANSWERS.
The Court's answers to the Questions submitted by the Ministry
of Transport are as follows:-
Q. 1. By whom was the British Motor Passenger Launch "Skylark 6"
owned at the time of her loss and for how long had she been so
owned?
A. J.Bolson and Son, Limited. Since 6th January, 1931.
Q. 2. Were the hull and machinery of the "Skylark 6" in good and
satisfactory condition when she left Bournemouth on her last
cruise?
A. The Court is not satisfied on the evidence about her
condition.
Q. 3. Was the "Skylark 6" properly supplied with life-saving
appliances?
A. Yes.
Q. 4. Did the "Skylark 6" carry signalling apparatus and, if she
did, of what type and range?
A. The only signalling apparatus was a Klaxon horn, type "O."
This type had been tested and approved for a range of two
miles.
Q. 5. With what compass was the "Skylark 6" fitted, and where
was it situated?
A. One spirit compass of 4-in. diameter, carried forward in a
locker on the starboard side in the steering space.
Q. 6. On what day and at what time did the "Skylark 6" leave
Bournemouth Pier, and what was the nature of her intended
cruise?
A. On Sunday, April 21st, 1946, about 1.45 p.m. for a trip
lasting about half an hour from the Pier and back again, to a
distance of about a mile off-shore.
Q. 7. Was the "Skylark 6" well found and seaworthy, for her
intended cruise when she left Bournemouth Pier on Sunday the 21st
day of April, 1946?
A. The "Skylark 6" was well found, but the Court is not
satisfied about her seaworthiness.
Q. 8. What was the state of (a) the weather,
(b) the wind, and (c) the sea, when the "Skylark
6" left on her last intended cruise?
A. (a) Fine and clear; (b) light off-shore
wind about N.W.N.; (c) calm sea.
Q. 9. What number of passengers was the "Skylark 6" licensed to
carry?
A. 82.
Q. 10. What number of passengers did the "Skylark 6" carry when
she left Bournemouth Pier on Sunday the 21st day of April,
1946?
A. The exact number of passengers is unknown, but it was not in
excess of 82.
Q. 11. What crew did the "Skylark 6" carry on her last
cruise?
A. Two men.
Q. 12. Did any member of the crew lose his life as the result of
the casualty?
A. Yes. Reginald Sidney Kent jumped overboard and subsequently
collapsed and was drowned.
Q. 13. Did the "Skylark 6" carry ballast on her last cruise; if
so, in what form, and of what weight and where was it placed on
board?
A. Yes. Pieces of iron of about 40 Ibs. weight each and 3 bars
of about 1 hundredweight each. The total weight was not more than 2
tons. It was placed right aft.
Q. 14. What signals, if any, were. given from "Skylark 6" to
indicate she was in danger?
A. The Klaxon horn was sounded, but how often is not certain.
Some form of improvised flag was waved from the end of an oar.
There was shouting and waving of arms.
Q. 15. Were such signals (if any) effective?
A. No.
Q.16. When the Master of the "Skylark 6" found the launch could
not be propelled by the oars after the mechanical failure and the
inrush of water, was it an error of judgment not to drop
anchor?
A. In view of the fact that the wind and tide were carrying the
vessel away from the land, it would have been advisable to let go
the anchor, and the Court is of the opinion that it was an error of
judgment not to have done so.
Q. 17. When the Master found it was not possible to cope with
the inrush of water, by aid of the pumps and baling, was it an
error of judgment not to put the ballast overboard?
A. If the ballast could have been got out and put overboard, it
would have enabled the vessel to retain more buoyancy for a longer
period, but the Court does not consider that in the circumstances
the Master was guilty of any error of judgment.
Q. 18. Was any attempt made to find the hole in the hull of the
"Skylark 6" and plug the same?
A. No.
Q. 19. Did the "Skylark 6" meet with a mishap to her machinery
on Saturday the 20th April, 1946, off Bournemouth Pier? If so, what
was the nature of the mishap?
A. Yes. The after half of the after coupling of the propeller
shafting and the forward half of the forward coupling were
broken.
Q. 20. Did the mishap on the 20th April, 1946 (if any), require
the attention and service of engineers to make the "Skylark 6"
serviceable and seaworthy for her trip on the 21st April, 1946,
when she was lost?
A. Yes.
Q. 21. Was the work of repair properly carried out?
A. The renewal of the broken couplings and the repair of the
gear-box were properly carried out, but there was inadequate
stripping and examination of the transmission generally.
Q. 22. Was the work of repair properly and adequately tested
after completion?
A. Yes, but there had not been adequate stripping or examination
of the transmission generally.
Q. 23. What was the cause of the loss of the "Skylark 6"?
A. The incursion of water from some unexplained cause which may
have been produced by a fracture of or other failure in the
propeller shafting.
Q. 24. Was the loss of the "Skylark 6" caused or contributed to
by the wrongful act or default of her owners, her Master or any
other person; if so, by whom?
A. No.
Annex to the Report.
The "Skylark 6" was an open passenger launch owned by Messrs. J.
Bolson and Son, Limited, of Hamworthy, Poole. She was built by R.
A. Newman and Sons, of Hamworthy, in 1922. She was a wooden craft
with a skin of 1½ inches pitch pine planking and timbers spaced 6
inches apart, centre to centre, with floors spaced 3 feet, the
inside being stiffened by fore and aft stringers. She was about 45
feet 5 inches long and about 12 feet 6 inches beam, fitted with a
Parsons motor engine, petrol started and driven on paraffin, fitted
to a singlescrew bronze propeller. The engine was of 28 horsepower,
situated at the forward end of the ship and connected to the
shafting through a Langdon gearbox. The steering-wheel was forward
in a separate compartment on the starboard side. A Klaxon horn type
"O" was carried, and two pumps were fitted, a plunger pump
amidships on the port side, the top of which was open and about
level with the thwarts, and a semi-rotary pump situated forward in
the steering space.
She was surveyed on the 15th April, 1946, for the purpose of
obtaining a Passenger Certificate, which was granted on the 18th
April, 1946. She carried the full life-saving equipment required
for a vessel of her class, and was licensed to carry 82 passengers
and two crew from Bournemouth within a line from Milford-on-Sea to
Swanage, keeping within three miles of the shore. Her actual
seating capacity was about 86.
The history of the vessel, as detailed at this Inquiry, began
with her service at Dunkirk, during which she was put out of action
by a near-miss from a bomb, and subsequently drifted about in the
Channel, partially water-logged, for three or four days. She was
picked up and taken to Dover, and was later towed back to the
owners' yard at Hamworthy. She was then overhauled and again
requisitioned by the Admiralty, and was thereafter used in Poole
Harbour until she was returned to the owners in the early part of
1946.
While the vessel was in the hands of the Admiralty, the Langdon
gear-box was fitted.
When the "Skylark 6" was returned to the owners, she was put on
the slip and reconditioned, and, among other things, new
intermediate shafts were fitted, the old ones being condemned by a
Ministry of Transport Surveyor. She again began her work for the
owners on Saturday, April 20th, 1946, when she was in charge of
Frederick William Vincent, assisted by Reginald Sidney Kent. Both
these men had had experience of similar craft with the same owners
and elsewhere.
The "Skylark 6" left the Pier for the first cruise about 10.45
a.m. on the Saturday, and made three trips without incident, except
that the engine would not run satisfactorily at a sufficiently low
speed, due probably to the choking of the slow-running jet in the
carburettor. As she approached the Pier at the conclusion of her
fourth trip, Vincent endeavoured to put the engine in reverse, in
order to take off her way. While doing this, the lever jammed,
Vincent applied more pressure, with the result that the gear went
through reverse and into the ahead position again; the engine
stalled almost at once, and there was a noise from the shafting. An
immediate inspection showed that the forward half of the forward
coupling was fractured and part of it had fallen down into the
grease-tray.
The "Skylark 6" was pulled into the Pier by ropes, the
passengers were disembarked, and the vessel was towed back to the
owners' yard by another of the owners' vessels. She reached the
yard about half past four in the afternoon, and repairs were
immediately put in hand.
One of the owners' foremen, Mr. Chisman, with a fitter-mechanic,
Mr. Blake, undertook the work and began by removing the gear-box.
In order to do this, it was necessary for the shafting to be moved
towards aft, but it was found impossible to do this. A further
inspection showed that the after half of the after coupling was
broken and was jammed between the shaft and the hog-piece.
The two men, with some assistance from two others, worked on
through the night, and finally completed the repairs on the Sunday
morning, April 21st. The gear-box was dismantled and was found in
order, except that the three actuating pins were burred over at one
end. These were trued up and re-tempered, and a stop was fitted on
the brake spindle arm. A new pair of couplings was fitted at the
forward end of the shafting, and a new after half was put in
position at the after coupling. The forward half of the after
coupling was cleaned with petrol and examined in place, but the
Hardy disc was not removed. The shafting was turned by hand in
order to test its truth, and no distortion was found. The tail
shaft was turned by hand with similar results. There is no very
clear evidence of anything more than a visual inspection of the
bearings and of the centre coupling. The adjustment of the two
halves of the forward coupling was tested with a feeler. When the
whole of the repairs was complete and the shafting coupled up, the
gear was tested while the "Skylark 6" was tied up alongside another
vessel, by running the engine at her normal full speed of about 900
revolutions and putting the gear from ahead to astern
and vice versa several times. While the engine was
running the shaft was inspected, the bearings were said not to have
heated unduly, and no distortion or uneven working of the' shaft
was observed. The floorboards were then replaced and the vessel was
taken for a short run under the charge of Vincent, who found
everything satisfactory. This lasted about three-quarters of an
hour in all, and the "Skylark 6" proceeded direct to Bournemouth
Pier where she arrived about 1.15 in the afternoon.
Some 70 passengers were taken on board, and the vessel moved
away from the Pier in the ordinary way, first astern and then
ahead, and proceeded out on her normal course without incident.
Somewhere off the end of the Pier, however, a heavy knocking was
heard which at first was thought to come from the gear-box. Vincent
lifted the floorboards to examine it, but at once came to the
conclusion that the knock came from further aft, and Kent was sent
aft to make a further inspection. He came back and asked for a
spanner with which he tightened up the bolts on the forward plummer
block. In so far as the evidence went, no inspection at that time
of the shafting further aft was made. The engine which had been put
into neutral while the gear was being inspected was again put
ahead, the knocking was again heard, followed very shortly by the
engine racing. Vincent at once put the gear into neutral and
switched off the fuel supply. At the same time Kent was sent aft
again to find out what was the matter. Here again the evidence is
conflicting. At one time it was suggested that no water was seen
until after Kent had gone aft and raised the floorboards, but there
was also evidence that the water was seen above the floorboards in
the centre of the ship aft of the aftermost life raft before Kent
came aft at all. We think it improbable that the water had risen
over the floorboards before Kent went aft, as this would presuppose
a leak in the hull before any trouble was experienced with the
shaft. No attempt seems to have been made to find the leak or its
cause. There was undoubtedly a good deal of alarm among the
passerigers, if not of actual panic. Vincent's first idea was to
try to row the vessel to shore, but although the oars were got out
and used, two of them broke and it soon became apparent that
nothing could be done in this way. The two pumps were put into
action and both worked efficiently. The Klaxon was sounded and some
kind of improvised flag was waved from the end of an oar.
Passengers standing on the forward deck were waving their arms and
shouting, but the plight of the "Skylark 6" was not observed until
a fairly late stage, although Mr. Bolson, Senior, was on the beach
and more or less keeping his eye upon her. It was only when a
member of the public who had field glasses informed him that people
were jumping overboard that he became aware of the fact that
something was seriously wrong. In the meantime the life rafts had
been put overboard. Some of the younger children had been put on to
them and other passengers were using them for support. The thirteen
lifebuoys had been put into use, although it would appear that the
passengers did not appreciate that each of them was capable of
supporting two persons. Efforts were made with a bucket, a baler, a
wooden box and one or more ventilator cowlings, to bale the water
out, but not much effect was produced and the water rose steadily.
Mr. Bolson, Senior, as soon as he became aware of the position,
collected a number of buckets and went off in a boat to do what he
could, at the same time giving instructions to his son to send out
all the boats he could, and as a result a number of boats of
various kinds went out to the "Skylark 6." By the time the first
boats arrived the "Skylark 6" was fairly full of water, the level
of the water being about up to the thwarts. The buckets were put
into action and produced some effect, but eventually the effort was
abandoned, as the people using the buckets became exhausted.
Shortly afterwards a British Overseas Airways Corporation launch
arrived from Poole and took off the whole of the remaining
passengers, the others having been taken ashore in a variety of
boats. The Poole lifeboat was also launched and picked up one
survivor, and every credit is due to the police and others
concerned in organising and dispatching rescuing craft. We
particularly desire to mention the very gallant efforts made by two
schoolboys, Tony Dryanski and Jim Salisbury, who not only took a
number of passengers into their boats and towed others, but also
made very splendid efforts to rescue Kent who had jumped overboard
at a fairly early stage in the proceedings, and unfortunately was
drowned before he could be brought ashore. Later on, the "Skylark
9," another of the owners' vessels, came out in order to tow the
"Skylark 6" back to the yard. When she arrived, the water was
almost filling the "Skylark 6" and only a few inches of her
gunwhale were above water. While the "Skylark 9" was manoeuvring
alongside in order to make fast, the forward starboard bollard of
the "Skylark 6" caught under the rubbing band of the "Skylark 9"
and, as she lifted on the swell, her head was pinned down and she
took a sudden plunge and went head first to the bottom.
Before dealing with the possible causes of the sinking, we
should explain what is known of Mr. Kent. It does not appear that
he did anything very effective after the water had once been
discovered, although no doubt he bore his part in keeping the
passengers quiet and assisting to get the life-rafts overboard.
But, for some unexplained reason, having equipped himself with a
lifebuoy, he jumped overboard from the after end of the vessel and
began to swim towards the shore. He was met by the boat rowed by
Dryanski, who continued on towards the "Skylark 6" and, after
picking up some of thepassengers, began to return towards the
shore. On his way back to the shore, Dryanski picked up Kent who
hung on to the stern of the boat. After continuing in this way for
about half an hour, however, without warning, Kent let go his hold
and was seen drifting away from the boat with his head collapsed
forward on to his lifebuoy. Salisbury dived overboard in an attempt
to reach him, but had to abandon the attempt, owing to being fully
clothed, but succeeded in getting Kent into his boat, where
artificial respiration was tried on the way to the shore. This was
continued when Kent was brought ashore by a beach inspector and
some American officers. Unfortunately, it proved unavailing. This
was the only casualty.
We have found it quite impossible to come to any definite
conclusion as to the cause of the water getting into the "Skylark
6." Various theories were put forward, both by Mr. Eaton, one of
the Ministry of Transport Surveyors, and by Mr. Bolson and Mr.
Campbell, on behalf of the owners. Mr. Bolson gave his evidence in
a most straightforward and convincing way, and the Court is
particularly indebted to him, both for the frank way in which he
gave his evidence and for his assistance in dealing with the
matters in issue, but every theory that was put forward was
susceptible of destructive criticism.
The salient fact seems to us to be that, shortly before water
was discovered in the vessel, a heavy knocking as of something
striking on wood was heard and felt on board. This knocking ceased
when the engine was put into neutral, but recommenced almost as
soon as the engine was put ahead again. It is, in our view,
impossible to suppose that this knocking was caused by anything
other than some part of the shafting striking against the structure
of the ship. The difficulty in the case is that there is no
evidence which conclusively shows that this knocking was against
the skin of the ship, or that, in fact, it punctured in any way the
skin of the ship, and it is for that reason that we are unable to
come to any conclusion as to the cause of the water getting into
the vessel. We are, however, of the opinion that most probably
there was some fracture of, or failure in, the propeller shafting
which resulted in some part of the propelling gear striking the
skin of the ship and causing it to leak. We are of the opinion that
this is more likely than that there was some damage caused to the
stern tube or the stern tube gland. Even if the tail shaft had been
completely removed from the stern tube, it would have been
difficult, if not impossible, for the quantity of water which, in
fact, found its way into the vessel to have entered through the
stern tube in the time available. It may well be, however, that
more than one cause was operating and that the failure in the
transmission gear not only caused damage to the skin of the ship
but also allowed water to enter through the stern tube. Moreover,
one cannot rule out altogether the possibility of the vessel having
struck wreckage or some under-water obstruction, although there was
no direct evidence to support such a view.
The Court was disturbed almost from the outset by the fact that
the repairs and renewals were effected and the "Skylark 6" was put
back into service without reference to the Ministry of Transport.
The note on the Passenger Certificate requiring written reports to
be made to the Ministry is based on Section 425 of the Merchant
Shipping Act, 1894, and leaves the owner entirely free to make such
repairs as he thinks fit and to continue his vessel in service. So
far as the Act is concerned, the only difficulty in which an owner
might find himself is that he might risk a prosecution under
Section 457 for sending his ship to sea in an unseaworthy
condition. The Court was referred to the'" Instructions as to the
Survey of Passenger Steam-Ships," paragraphs 38 and 48, and Mr.
Bolson, the Works Manager for the owners, stated that he was
familiar with those Instructions. It was, however, stated on behalf
of the Minister that those Instructions were not intended to be
binding upon owners and, moreover, that there was no reason why any
owner should be aware of them. We are of the opinion that the
accident to the "Skylark 6" indicates very clearly the desirability
of having clear instructions to owners of the necessity of having
surveys by Ministry of. Transport Surveyors of all damages or
repairs of damages affecting the seaworthiness or efficiency of a
passenger vessel. We do not say that, if such a survey had been
made in this case, the accident would, in fact, have been averted,
but we are satisfied that the propeller shafting of the "Skylark 6"
after the mishap on Saturday, 20th April, 1946, was not
sufficiently inspected or tested. In our view, the intermediate
shaft should have been taken out, all the bearings and couplings
should have been dismantled, the shafting should have been tested
in the lathe, and the couplings and bearings carefully surveyed.
Mr. Bolson frankly admitted that he had overlooked both the note to
the Certificate and the provisions of paragraph 48 of the
Instructions, but we feel that the reason for his so overlooking
the note and paragraph 48 was because it is not laid down
sufficiently clearly that repairs of damages such as these should
be carried out under the supervision of and to the satisfaction of
a Surveyor of the Ministry of Transport. We, therefore, recommend
that regulations should be framed to secure that damage and repairs
of damage to passenger vessels, at all events of this class, are
dealt with under the authority of a Ministry of Transport Surveyor
and that until this has been done the Passenger Certificate is in
suspense.
The only signalling apparatus with which the "Skylark 6" was
equipped was a Klaxon horn; type "O." It was supposed to have a
range of at least two miles, but, in fact, although the vessel was
never as much as two miles from the shore, the Klaxon horn was not
heard. The. Court is of the opinion that some more effective means
of sending out distress signals should be provided to passenger
vessels of this class, in order that assistance may be forthcoming
at the earliest possible moment.
OWEN L. BATESON. Judge
| | PIERS DE LEGH. | Assessors. |
| | R. A. PARKER. |
(Issued by the Minister of Transport in
London on 18th day of October, 1946.)
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