Laura D Fishing Ltd., a fishing company from Brixham, has been ordered to pay over £100,000 after their highly modified vessel, Joanna C, capsized, leading to the tragic deaths of two crew members.
This incident underscores the importance of adhering to maritime safety regulations and highlights the severe consequences of neglecting them.
Circumstances and Judgement
On November 21, 2020, the fishing vessel Joanna C, operated by Laura D Fishing Ltd., capsized five miles south of Shoreham, resulting in the deaths of Robert Morley and Adam Harper.
The vessel, which had undergone significant unapproved modifications, lacked the necessary stability to recover from gear snagging on the seabed.
The company has been fined over £100,000 for failing to ensure the vessel’s safety, as mandated by the Merchant Shipping Act 1995.
Incident Details
On that fateful day in November, Robert Morley, Adam Harper, and David Bickerstaff were aboard the Joanna C when disaster struck.
The vessel’s gear became entangled with the seabed, and due to its compromised stability, it rapidly sank. Tragically, only David Bickerstaff survived the ordeal.
Modifications and Their Impact
The Joanna C had undergone a major refit in 2019, which included:
- Adding a whaleback
- Extending the wheelhouse
- Fitting raised bulwarks
These modifications, made without consulting the Maritime and Coastguard Agency (MCA), significantly impacted the vessel’s stability.
According to Marine Shipping Notice (MSN) 1871 Amendment 1, such changes must be approved by the MCA to ensure they meet safety standards.
Legal and Financial Repercussions
At West Hampshire Magistrates Court on July 5, Laura D Fishing Ltd. was found guilty of not taking reasonable steps to operate the vessel safely. The company was fined £36,000, ordered to pay £69,284 in costs, and a £190 surcharge.
Legal Outcome |
Amount (£) |
|---|---|
| Fine | 36,000 |
| Costs | 69,284 |
| Surcharge | 190 |
| Total | 105,474 |
Safety and Compliance
The MCA has reiterated the need for vessel owners to ensure their modifications comply with safety standards. Ignoring these guidelines not only endangers lives but also results in severe legal consequences.
The Marine Accident Investigation Branch (MAIB) issued a safety flyer titled ‘Safety lessons: consider potential effects on stability when modifying your fishing vessel’ to raise awareness within the sector about the crucial lessons learned from this incident.
MCA’s Safety Guidelines
- Consultation with MCA: All modifications should be planned and approved by the MCA.
- Professional Assessment: Use appropriate professionals to investigate the stability impacts.
- Compliance with Regulations: Ensure modifications meet minimum stability standards.
Statement
Mark Cam, Senior Investigator with the MCA’s Regulatory Compliance Investigations Team (RCIT), said:
“This is a tragic reminder that modifications to vessels should be planned and their effects on the vessel’s stability properly investigated using appropriate professionals.”
“Companies are responsible for providing a safe place of work for their employees wherever that may be. The court has found that Laura D Fishing Ltd. did not take all reasonable steps to operate the Joanna C in a safe manner and this led to the deaths of Adam and Robert.”
Onward!
The sinking of the Joanna C serves as a stark reminder of the critical need for adherence to maritime safety regulations. The hefty fines imposed on Laura D Fishing Ltd. underscore the severe consequences of neglecting these standards.
Moving forward, it is imperative that all vessel owners and operators prioritize the safety of their crews by ensuring compliance with all safety guidelines and regulations.
By implementing the lessons learned from this tragedy, the fishing industry can work towards a safer future, preventing similar incidents and safeguarding the lives of those at sea.
In response to this accident the Coastguard has created a flyer to help prevent future similar accidents.
Sources: THX News & Maritime and Coastguard Agency.
