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ACQ 2016-1

France

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Traffic separation regulations in the English Channel

The North Of England says traffic separation regulations in the English Channel is frequently misunderstood.

'Radio logs at Dover in England and Ushant in France provide clear evidence of the problems that arise with rogue vessels being regularly reported. Apart from increasing the risk of collisions, masters and owners of contravening vessels can face criminal action, heavy fines and costly delays.'

We have experienced this problem with one of our client's vessels in the English Channel which fortunately did not cause a collision. This matter was however reported in the local media. The consequence was the English and French port authorities detained the vessel upon arrival and carried out a detailed investigation on the reasons for the breach of the traffic separation rules, carried out a strict port state control survey on the vessel, and interviewed the master and crew. They authorities also reserved their right to lodge a fine.

We would also advise our clients to note that a casualty arising from a blatant breach of any traffic separation rules would likely prejudice all insurance covers on the vessel as the courts have said such incompetence amounts to a lack of due diligence on the part of the shipowner.

20 Jan 2004