GovWire

Laura D Fishing Ltd, a company operating fishing vessels from Brixham, has pleaded guilty to failing to take all reasonable steps to ensure that a vessel was operated in a safe manner, under Section 100(1) and100(3) of the Merchant Shipping Act 1995.

On 21 November, 2020, Robert Morley, Adam Harper and David Bickerstaff were onboard the Joanna C, five miles south of Shoreham, when the vessels gear snagged on the seabed. The vessels lack of stability meant it could not recover, causing the Joanna C to rapidly sink.

Out of the three crew members, only Mr Bickerstaff survived.

Prior to the incident, Joanna C, owned by Laura D Fishing, had undergone a major refit in 2019, including the addition of a whaleback, extension of the wheelhouse and fitting raised bulwarks. These, along with other modifications, affected the stability of the vessel.

Vessel modifications should only be carried out following consultation with and approval of the Maritime and Coastguard Agency (MCA), as outlined in Marine Shipping Notice (MSN) 1871 Amendment 1.

Heard at West Hampshire Magistrates Court today, 5 July, extensive changes made to Joanna C, not approved by the MCA, made it significantly non-compliant with the minimum standards of stability. The vessel continued commercial operations however, without considering the impact and risks of the modifications.

Laura D Fishing Ltd. was fined 36,000, and ordered to pay 69,284 in costs and a 190 surcharge.

The MCA is reminding vessel owners that their vessels must meet the required safety standards despite changes made, to avoid incidents like this happening.

Mark Cam, Senior Investigator with the MCAs Regulatory Compliance Investigations Team (RCIT), said:

This is a tragic reminder that modifications to vessels should be planned and their effects on the vessels 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.

The Marine Accident Investigation Branch issued a safety flyer Safety lessons: consider potential effects on stability when modifying your fishing vessel to the sector highlighting the causal factors and the safety lessons learned.