Page 24: of Marine News Magazine (April 2017)

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INSURANCE

Mississippi Mishap

Bridge Allision Triggers 2-Year License Defense. By Randy O’Neill, Senior Vice President with Lancer Insurance Company

Professional Captains and Pilots in all corrective action, the current’s strength prevailed, forcing sectors of the maritime industry confront his towboat and barges into the bridge piers causing the daunting challenges and hazards every tow to break-up and scatter haphazardly across the river. day on every trip. From piloting ocean- The Pilot’s corrective action, while unable to allow him to going ships into congested harbors and avoid alliding with the bridge piers, did prevent a collision safely docking them, to navigating ferries, with the southbound tow … an event which would have tourist vessels and water taxis through presented a higher probability of injury to the crews of harbors and rivers teaming with other both vessels, oil product discharge into the river and, most commercial vessels and recreational craft likely, a lengthy shutdown of the busy waterway.

O’Neill and everything in between, U.S Coast The Coast Guard, both companies and bridge authority

Guard licensed deck of? cers have one of were all contacted and as the barges were slowly recovered the most dif? cult, pressure-packed jobs in any industry. and secured, the Pilot of the northbound vessel was sent

Arguably, the Pilots and Captains who face the most for drug testing before meeting with investigators from challenging conditions in their daily duties are the hard- the regional Coast Guard command. Prudently, in the in- working of? cers aboard vessels navigating the nation’s riv- terim, he reported the incident promptly to his License ers and their tributaries in the towboat industry. Bridg- Insurance Company and was assigned his own maritime es, dams and locks constantly changing water levels and attorney who, via cellular telephone prepped him for his shoaling and limited space in which to handle all of these initial Coast Guard verbal interview, assisted him in draft- shifting challenges while pushing a ? otilla of barges are the ing his maritime casualty report (2692) and accompanied rule, not the exception. Long periods away from home, him to his formal Coast Guard interview.

constant time pressures and deadlines, all are under the Several nerve-wracking interviews and attorney conferenc- watchful eyes of river-based Coast Guard commands make es later, the Coast Guard investigators ? nally decided against work in America’s inland rivers one of the most dif? cult pursuing negligence charges against the pilot, concluding that, career choices in the maritime … or any … industry. given the circumstances, he had acted responsibly and did the

Perhaps not surprisingly, when things go sideways, it sel- best he could to prevent a bad situation from becoming even dom involves a minor incident. The following case study worse; in other words, a collision with the Southbound vessel demonstrates how a seemingly routine passing arrange- and its barges. The only hitch: It took two years from the date ment between two towboat Pilots became a nerve-wrack- of the incident for the captain to receive noti? cation that no ing license-threatening mid-river collision – in an instant. further action would be pursued against his license. This was perhaps the most agonizingly long 24 months in that profes-

A P P sional mariner’s long and admirable career.

ERILOUS ASSING

The license-insured river pilot was traveling north- The legal fees incurred in the defense of this towboat bound on the Mississippi River at around 4 knots push- Pilot’s license totaled $4,500 as maritime attorney worked ing 15 barges, 7 of which were empty. When approaching long and hard to get authorities to ? nally render a decision one of the many railroad bridges spanning the river, he to bring him peace of mind that his Coast Guard license received radio contact from the pilot of a southbound tow was not at risk. He was also very relieved that all his legal who wanted to make arrangements for a passing to take expenses were fully paid by his license insurance company. place near the bridge. The northbound vessel approached While the Pilot passed the incident site dozens of times the bridge on the portside descending bank with the intent since losing out to the power of the mighty Mississippi’s of proceeding through the left descending span. Unfortu- unpredictable currents without incident, there is also little nately, the river had other plans. doubt that the memory of that bridge allision and the two

As he closed in on the bridge and the oncoming south- years of legal proceedings and long-awaited exoneration bound tow, the swollen river’s current slowed his vessel’s will never be forgotten. Nor will the knowledge that pro- speed to barely 1.5 knots and slowly began to affect con- tecting one’s ticket before taking last line will always be a trol of the tow. Despite taking immediate and appropriate smart move, as well.

April 2017

MN 24