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LESSON SEVENTEEN

TEXT

ROUTINE SHIP’S CORRESPONDENCE CLAIMS IN CONNECTION WITH ACCIDENTS AND COLLISIONS

1. Letter claiming responsibility for damageto theship through collision

Esbjerg, 18 th March, 19 . .

To the Master

of the m/v “Bornholm,”

Port of Esbj erg.

Dear Sir,

To-day at 6,30 GMT while my ship, having a Pilot aboard, was following the icebreaker and proceeding slowly on account of heavy ice with engine working at full speed ahead, your ship that was right after us collided with my ship causing a big hole on my ship’s aft (poop), starboard side,

1 Make reserve for more damages which may arise on a more accurate inspection.

148

Under the circumstances Ihave to hold you responsible for the damage caused andkindly ask you to come personally to verify the scope of damage by yourself.

Yours faithfully,

5. N.Sidorov,

Master of them/v “Leningrad”

  1. Letter to the Owners of the ship claiming their responsibilityfor the collision

Hamburg, 7thJuly, 19 .. .

To the Master and/or Owners of the m/v “Hercules,”

Port of Hamburg.

Dear Sir(s),

On the 6th inst., while proceeding toHamburg under Pi­lot’s direction we entered the area of dense fog and dropped anchor in position 53°51/N, 9°00'Eat 11.00 hours GMT,waiting for the visi­bility to improve. Immediately on anchoring we started to givepres­cribed fog signals and set proper lookout.

At 12.34 GMTfog signals of a vessel under waywere he­ard from apparently forward of the beam. Toattract attention ofthe oncoming ship westarted to givesignals prescribed by theRegula­tions and showedflare-up light.

Notwithstanding those signals, the approachingvessel which proved tobe your ship, the “Hercules”, asit was foundlater, continued to progress andat 12.39 hours GMTstruck the starboardside of my tanker in wayof tank No. 3, causing a bighole andother damage described in detail inthe enclosed SurveyorReport.

Under the circumstances I have to hold youand your Owners responsible for the damage caused and the consequences which may arise therefrom, of which please.take due note.

Yours faithfully,

М. M. Mikhailov.

Master of the m/t “Molodechno”

  1. Letter to the Harbour Authorities stating the data of the acci­dent and claiming responsibility for the collision

Esbjerg, 18th March, 19 . . .

To the Harbour Master,

Port of Esbjerg. .

Dear Sir,

I wish to informyou that onMarch 17, 19 . .., at22.00 HRS GMT, at 7 milesWestward of Graadyb the Pilot, boardedmy vessel waiting for the icebreaker “Grand” which was busy at that lime taking out another ship.

On the 18th March, 19. . at 05.30 GMT we sailed to your port progressing in the following order:

  1. The icebreaker “Grand,”

  2. The m/v “Leningrad,”

  3. The m/v “Bornholm.”

My vessel, the m/v “Leningrad”, was proceeding under Pilot’s direction, shifting ondifferent and various speeds and steam­ing ahead heavily through the ice.

At 06.30 HRS GMT, while the icebreaker was about500 metres ahead of us andwe were proceeding with the engine atfull speed ahead, the motorvessel “Bornholm,” which was at a very short distance from our aft, suddenly struck against my ship causing a big hole on ouraft (poop), starboard side.

The visibility was very good, my ship, the m/v “Lenin­grad”, was moving at thattime with the engine at full speed ahead, butproceeding very slowly owing to heavy ice.

The motorvessel “Bornholm” at the same time had mucheasier manoeuvring facilities either to stop or to go astern or, defi­nitely much better, to keepherself away fromthe m/v “Leningrad” at a safe distance.

Therefore, the responsibility for the collision must be char­ged on the m/v“Bornholm” the Master whereofhas been duly noti­fied by me.

Enclosed herewith please find four copies ofthe extracts from the Log-Book and four copies of the extracts from the Engine- Book.

Yours faithfully,

S. N. Sidorov Master of the m/v “Leningrad”

Enclosures: 8 copies.

  1. Extracts from the Log-Book stating the data of the accident

Extracts from Log-Book No. 72 of the m/v “Leningrad,” sailing under the Soviet flag and owned by the Baltic Sea Shipping Com­pany, Leningrad, L5S.S.R.

Page 117 March 17, 19. . .

22.00 GMT At anchorage close tothe edge of heavy ice. Embar­ked Pilot, Mr. W. J. Johnes of Esbjerg. Waiting for an icebreaker. Wind NE force 2. Temperature — 18°C.

Page 118 March 18, 19 .

05.25 GMT

05.27 GMT 150

The icebreaker “Grand,” calling letters MNHO, ap­proached ata short distance, signalled to get readyto weigh up.

Weighed anchor.

Left anchorage. Proceeding at slow ahead under Pi­lot’s direction. Master on the bridge in command. Following the icebreaker “Grand,” keeping at about500 metres distance from the icebreaker ahead ofus. Proceeding at half ahead, on variable courses. Pro­gressing slowly because ofice, the m/v “Bornholm" following us at afairly short distance.

05.28 GMT 05.33 GMT

06.00 GMT

  1. GMT

  • GMT

  • GMT

  • GMT

  • GMT

  • GMT

  • GMT

    06.35 GMT

    Passed Point Saat. Wind rose to force 3 NNE.Temp. —19°C.

    Observed a sudden andvery close approach of the m/v “Bornholm” to ourship’s stern. Sounded aseries of short blasts on the ship’swhistle.

    Altered course toport to keep as close as possible to the edge of the ice channel.

    Went full speed ahead to kick away the “Bornholm’s” bow by the propeller’s wake.

    In spite ofmeasures taken could not avoid an impact. The m/v“Bornholm” struckwith her bow against our ship’s stern, onthe starboard side.

    Stopped the engine. The m/v “Bornholm” passed by on our starboardside, bruising our ship’s plating. Backed herat slow astern.

    Chief Mate together with Bos’un examined damage caused, reported to the bridge: ahole 1X1-5 metres in size above thewaterline, and a dent on the plating about 2metres long with a 5 cm. deflection.

    No leaks detected in aft compartments. The ship con­tinues to follow the icebreaker “Grand” at slow speedahead. Them/v “Bornholm” is proceeding behind us at 2 cables’ distance.

    S. N. Sidorov Master of the m/v “Leningrad”

    o. Extractfrom the Engine-Book stating the data of the accident

    Extracts from Engine-Book No. 37 of them/v “Leningrad”, sail­ing under the Soviet flagand owned bythe Baltic Sea Shipping Company, Leningrad, U.S.S.K.

    1. GMT

  • ” 05,10 ”

    1. "

    2. ” 05.32 ”

    Page 117 March 18, 19. . .

    Get the engine ready. One hour notice.

    Started oilpump.

    Smarted fuel-oil delivery pump and air compressor. Theengine is ready.

    Started the second diesel generator.

    Fed power to windlass and fire-pump.

    Stand by theengine. Started bothengines.

    Slow ahead stbd andport engines.

    Half speed ahead. Stbd and port engines.

    1. GMT Full speed ahead. Stbdand port engines.

    2. ” Heard thesound of a heavy stroke coming from aft.

    3. ” Stop. Stoppedstbd. and portengines.

    4. ” Slow astern. Stbd and port engines.

    1. ” Stop theengine. Stoppedstbd and port engines.

    2. ” Slow ahead. Stbd and port engines.

    F. V. Makarov Chief Engineer of the m/v “Leningrad”

    1. Letter claiming indemnity for forced inactivity caused by the collision

    Esbjerg, 21st March, 19. . .

    To the Master ofthe m/v “Bornholm,”

    Port of Esbjerg.

    Dear Sir,

    I wish to inform you that in connection with the damage caused by your ship on the 18th of March, 19 .. 1hereby claim

    from your Company, besides the repairs, anindemnity for forced inactivity of my m/v, the “Leningrad”, up. to the completion of repairs, at the rate of£ 150.00 perday. .

    Your faithfully,

    1. N. Sidorov Master of the m/v “Leningrad”

    1. Letter stating that the repairs have been completed to entire satisfaction

    Esbjerg. March 29, 19 . . .

    To the Owners of the m/v “Bornholm,”

    Port of Esbjerg.

    Dear Sirs,

    I, the undersigned, Master ofthe m/v “Leningrad,” by thepresent state that the damage caused bythe m/v “Bornholm” on the18th of March, 19.. ., has been completely repaired to myentire satis­faction and that I haveno claim ofwhatsoever in respectto thequality ofrepairs.

    Yours faithfully,

    1. N. Sidorov Master of them/v “Leningrad”

    1. Arbitration Agreement for Cases of Collision