The Truth About The Colregs Court Case

The skipper accused of breaking the regulations was acquitted in court, but why was he on trial?

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Why is it important?

Although the media focused on the manslaughter charge brought against Aaron Brown, the case against Paul Carey, the skipper he employed for the day, could have had more worrying consequences for other boat owners if he’d been found guilty.

Why is that?

Because Carey never actually had an accident. At the time of the crash, he was back on board the mothership. The reason he seems to have been dragged into it is that shortly before the accident, he was filmed driving the Williams in close proximity to the Fairline. The prosecutor claimed this contributed to a climate which encouraged Brown to drive in a similar manner, leading to the accident.

So what was Carey prosecuted for?

The official charge was for contravening the Merchant Shipping Regulations 1996. These and the Merchant Shipping Act of 1985 are what enshrine the International Regulations for Preventing Collisions at Sea (the Colregs) into English Law. Rule 6 of the Colregs states: ‘Every vessel shall proceed at all times at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.’

Are people often prosecuted under Rule 6 of the Colregs?