Vessel held after breaching safety regulations
Insufficient life jackets, life raft
A Maltese vessel has been detained in Sicily after it breached a number of safety regulations, days after the publication of an inquiry into the Simshar tragedy uncovered a cavalier attitude towards safety at sea.
The 10-metre fishing boat, belonging to a 50-year-old man from Xaghra, was intercepted after it was found to be equipped with only four life jackets for the 16 passengers on board, The Sunday Times is informed.
The boat arrived in the popular resort of Pozzallo on Thursday and, following an inspection, it was discovered that it only had one small inflatable life raft with no certificate.
No other safety equipment, like flares and portable extinguishers, was found on board. No fishing equipment was found on board. The boat is believed to have been carrying several members of the same family.
The vessel was denied departure permission and is still berthed at the Sicilian port.
The Sicilian authorities have communicated with the Malta Maritime Authority, which has forwarded the information to the Fisheries Department for investigation.
The maritime and fishing authorities have consistently underlined the need for reliable equipment on board.
An inquiry into the Simshar incident in July 2008, which left four people dead, criticised the owner's lack of knowledge of the safety and radio equipment on board the doomed vessel.
The report, released last Tuesday, points out how the owner did not know how to activate the distress signals on two safety devices, which would have otherwise saved their lives.
The inquiry's author makes a series of recommendations and calls for compulsory training for fishermen aimed at addressing a "very cavalier attitude" towards safety by fishermen in general.
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wally vella-zarb
Jul 6th 2009, 08:35
Mr Galea, you are avoiding the question. The MMA can only give you what is required by the MALTA MARITIME AUTHORITY ACT (CAP. 352) L.N. 183 of 2008 which covers the Small Ships Regulations, 2008.
You were claiming the existence of INTERNATIONAL "rules and regulations which must be applied in whatever port the boat is" in connection with a 10metre vessel that is not carrying fare-paying passengers. These regulations do not exist. SOLAS and similar conventions concern COMMERCIAL vessels that are engaged in trade & commerce and the movement of fare-paying passengers.
My boat, non-commercial, is 'Valletta Registered' and she is not even required to be equipped with a VHF, let alone an EPIRB or a PLB! Having had my own boats for the past 45 years I do carry SENSIBLE equipment for my own safety and of those who might be with me; I do it out of choice and not because of some imaginary 'international rules and regulations'. No foreign country has ever objected to my boat not being compliant with THEIR regulations for leisure yachts!
Galea. L
Jul 5th 2009, 22:09
Just call the Malta Communications authority and the Malta Maritime Authority and they will (should) supply you with the required documents.
wally vella-zarb
Jul 5th 2009, 15:42
Mr Galea, "Apart from local regulations there are also international rules and regulations which must be applied in whatever port the boat is. It appears from the report that the boat did not even have the minimum standard equipment required by international regulations and port authorities have the authority to keep the vessel there until it complies with international requirements."
Would you please be so kind as to quote, chapter and verse, what these "international rules and regulations" have to say regarding " the minimum standard equipment" that has to be carried by a 10-metre vessel that is not carrying fare-paying passengers? Even the regulations that cover equipment coding for charter yachts are National and not INTERnational. Greece, Turkey and Spain, to mention just three in the Mediterranean, all have divergent requirements. Not to mention the United Kingdom, where yachting is largely unregulated - and likely to remain so, British yachtsmen being adamant that they prefer 'voluntary education' rather than 'legislation' !
What one THINKS is a requirement and what is ACTUALLY required are two entirely different concepts.
Galea. L
Jul 5th 2009, 14:23
wally vella-zarb
Apart from local regulations there are also international rules and regulations which must be applied in whatever port the boat is. It appears from the report that the boat did not even have the minimum standard equipment required by international regulations and port authorities have the authority to keep the vessel there until it complies with international requirements.
It is absurd that the boat in question did not have lifejackets for all the passengers, no fire extinguishers, flares and one small inflatable life raft. What about EPIRB's? The captain ought to be arraigned in court for endangering the lives of his passengers.
Frans Sammut
Jul 5th 2009, 14:13
I agree with Mr Vella Zarb and dare suggest a sub-plot in the sub-text. In order not to be too specific may I draw an analogy between the Italian authorities' action and those taken by Iran vis-a-vis Great Britain? The latter scenario is, of course, on a much larger scale but essentially the same. You arrest my people, I arrest yours. I can even send Signor Trabalza, who, balza, balza can waltz his way on board the Italian fishing boat and defy the Maltese police to arrest him if they can. In the old days, they used to call it gunboat diplomacy. In our petty case, just call it fishing boat diplomacy. I'm sure Trabalza will find himself in Maroni's good books.
Charles Sammut
Jul 5th 2009, 13:43
@ Steven Honeywell
But avoid driving over motorway bridges in Sicily. They have a habit of collapsing because of low quality cement used in their construction.
Some time ago, a Sicilian microlight aircraft diverted to Luqa because of fuel mismanagement and proceeded to approach the runway without contacting the Control Tower. This caused a following Air Malta aircraft to take emergency diversive action to avoid a mid-air collision. The pilot refuelled and was on his way back to Sicily in a few hours. Where was the Italian ambassador then?
Definitely a case of the pot calling the kettle black.
Joanne Micallef
Jul 5th 2009, 13:27
Rightly so, no one is immortal and accidents do happen, lets hope that these fishermen will learn a very valid lesson from this experience.
wally vella-zarb
Jul 5th 2009, 12:44
A vessel is only bound by the regulations of its port of registry, not those of the host country. New Zealand tried to apply its relatively draconian regulations to visiting yachts, some years ago, and impounded a Malta registered sailing yacht. A court case ensued and New Zealand fell flat on its face. The court decided that the NZ authorities were acting ultra vires and could not legally apply their local equipment regulations to a foreign registered vessel, that vessel being deemed 'foreign territory'.
On the other hand, the question of what is 'required' and what is merely 'suggested' by our local authority is a different matter altogether. Many things that are, at present, only 'recommended' ought to be made mandatory - without going to the extreme restrictions that are present under French maritime regulations, to give one example.
Joseph Mizzi
Jul 5th 2009, 12:37
@R.Grima
Two negatives don't make a positive. You should know that.
Robert Callus
Jul 5th 2009, 12:33
Definitely safety is important and should always be observed.
However taking things into perspective it seems the name of this boat was 'The Scapegoat'
Steven Honeywell
Jul 5th 2009, 11:46
And Damn right too, no need for incompetence when lives are at risk, i applaud the Sicilians and main land Italy they do not take any chances unlike some Maltese and Gozitans, one only has to read the Times regarding accidents, Pot holes, building workers, and boats are no exception. Forza Italia. Safety must come first and formost above ignorance.
R Grima
Jul 5th 2009, 11:00
It has been reported that the Italian Ambassador has been playing the strong man and asked to be arrested when he planted himself on a seized Italian trawler accused of illegal fishing in Maltese waters. The seizing of a Maltese vessel should be seen in this light.
I think this Ambassador has a lot to learn about diplomacy,it's not the first time that he has behaved in this manner and reminds me of the rather unsavoury side of Italian politics..i.e fascism.