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Panama Collision Regs
Last Post 24 Mar 2013 01:09 AM by interlogica. 6 Replies.
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interlogicaUser is Offline
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interlogica

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23 Mar 2013 02:56 PM
    Good afternoon.

    I am the owner of a vessel moored and fixed to the ground at the Balboa Yacht Club Panama. During the afternoon of Sept 30th 2012 a vessel dragged its mooring (under way not making way) and collided with my moored vessel.

    Both the Yacht Club and the owner of the burdened vessel refuse to accept liability. What do the International Rules of the Road state in these circumstances.

    Not only did this create a great danger including a serious sinking or fire risk to my vessel and all other vessels nearby,  the  vessel could easily have drifted into the Panama Canal Fairway a serious hazard to navigation with fuel laden vessels.


    My understanding is that the moored vessel is the priviledged vessel not withstanding manned or unmanned.

    Any prefessional comments are welcome.

    Thanks for any help

    Best

    Alan
    Old Guard2User is Offline
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    Old Guard2

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    23 Mar 2013 03:08 PM
    Moving this to the correct area under Rules & Regs. Also, it wouldn't be a collision but an allision.

    allision

    Allision is the act of dashing against or striking upon; it is often used to describe the action of one boat hitting against another, or of the sea dashing against a boat. The word is commonly used in place of "collision" to distinguish that one of the objects was fixed.



    Read more: http://www.answers.com/topic/allisi...z2OOpCpqUS
    Sector NY, Staten Island
    interlogicaUser is Offline
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    interlogica

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    23 Mar 2013 03:14 PM
    Terrific,

    You guys are great always have been

    Best

    Alan
    BellsUser is Offline
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    Bells

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    23 Mar 2013 03:48 PM
    Why wouldn't you have called the police? And was your vessel properly marked that it was basically anchored/moored? Regardless they should have liability but if you don't have documentation you might not have any options
    Take what you like and leave the rest behind.
    interlogicaUser is Offline
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    interlogica

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    23 Mar 2013 06:43 PM
    Hi Bells, Sir,

    The vessel was not specifically at anchor meaning no overboard cable  from the vessel with own ground tackle but attached to a mooring in an internationally  designated anchorage. Balboa Yacht Club Panama Canal Pacific Entrance

    Very much so,  I immediately filed the Accident Report with the Port Captain and it was recorded with all the Regulatory red stamps with Autoridad Maritimo Panama the regulating Canal Authority. The report must be filed within seven days and was duly complied with. They were very nice to me.

    It is many years since my Captains License expired last one renewed from Antarctica McMurdo in  2005 so not so much up to current  Regs.

    One thing I can say is we salute all you do to protect our Nation and the sacrifices you make are above and beyond. 

    At six bells of the forenoon watch on the morrow I shall raise Nelson's Toast to USCG. Her Majesty's Royal Navy still sort of has it.

    Seriously Sir,  I am indebted for your insight and correct advice. You are the best.

    Have a good Watch

    Alan
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    23 Mar 2013 08:12 PM
    If the vessel was UNMANNED when it dragged its mooring, its clearly an ACCIDENT, caused by either owner negligence or natural weather conditions. Not a violation of navigation rules.
    interlogicaUser is Offline
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    24 Mar 2013 01:09 AM
    Hi Capt. Nick.

    Yes indeed not a collision but allision and all that implies.

    More closer is possible lack of prudent seamanship, given widely published high tidal conditions, vessel tonnage per the weight and type of mooring which was a railway wheel, scope of mooring and finally widely known forecast weather conditions. This information is widely available  to any mariner and SINAPROC issues warnings when conditions are as such. A warning was issued that day similar to a NOTAM.

    Thankfully no one was hurt but the unmanned vessel could have entered the Fairway. We had U.S. Warship # (OPSECXX) transit through here the other day. I would not like to have been the Commander of that vessel or to a lesser degree the Canal Pilot if the unmanned vessel appeared in front of his bows. They could not be sure no one was below. After the Miraflores locks empty everything in that area is downstream with quite a current. C.B.D. and downstream with constant heavy traffic

    My understanding is steps are being taken to prevent a re-occurrence. As the first reply implied in similar circumstances how can you prove negligence in a submarine cable or something fixed to the ground.

    Have a good Watch and thanks for your time, all is worth listening to.

    "The Delta Queen, why she is as pretty as a wedding cake, without the implications"  Mark Twain
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