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Only solution for Phuket boat collision appears to be court


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Posted

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

So which of their allegations is contradicted by the video you saw then?
They were fishing, none of them was steering the boat. They did not sound warning signs. The dive boat did try to take evasive action and came to a standstill at the time of impact.
Posted

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

So which of their allegations is contradicted by the video you saw then?
They were fishing, none of them was steering the boat. They did not sound warning signs. The dive boat did try to take evasive action and came to a standstill at the time of impact.

It may have tried to. It may have stopped but it did not give right of way.

Flashing lights,honking horns or getting in the way are not valid excuses.

Posted (edited)

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

So which of their allegations is contradicted by the video you saw then?
They were fishing, none of them was steering the boat. They did not sound warning signs. The dive boat did try to take evasive action and came to a standstill at the time of impact.

It may have tried to. It may have stopped but it did not give right of way.

Flashing lights,honking horns or getting in the way are not valid excuses.

That's what I said earlier. But that was not the question asked and answered. Edited by stevenl
Posted

Ocean accidents fascinate me. Its not like you are confined to lanes as in road driving but, you have huge areas to navigate and still yet, you have idiotic accidents like these. This all comes down to inattentiveness and selfish stubbornness on the parts of both parties.

Posted

Ocean accidents fascinate me. Its not like you are confined to lanes as in road driving but, you have huge areas to navigate and still yet, you have idiotic accidents like these. This all comes down to inattentiveness and selfish stubbornness on the parts of both parties.

I don't know about the both parties thing. Were you aware that on a collision course the vessel with right of way MUST by law keep a steady course, right up to the point where the captain believes the other vessel will be unable to avoid a collision? If any deviation is made before that point the other vessel can rightfully claim in the event of collision that you did not hold a steady course for them to avoid. Not an easy call when you are under sail...

Posted (edited)

power boat has to give way, doesnt matter what size they are or how fast they are going, by law they must turn off from the course to avoid a collision well before they approach each other. As it was approaching on the same course for some distance it obviously had plenty of time to do so but by the sound of what their spokespeople have said it considered its size to be dominant and therefore had the right of way. Even with an auto pilot running the boat and providing it was under sail at the time(and not under power) the sail boat still had right of way, the discrepancy would only come in if the sails were not up at the time and the boat was moving forward under power then both boats are required to take action. Have to wonder why the dive boat set its engines to astern rather than veer starboard as required by law, a sail boat cannot change direction(as stated they would need to jib) as fast or as easy nor can it stop as quick, by law the dive boat is at fault for not altering course but the sail boat skipper may also be at partial fault for not being at the controls(if this is what the videos show) after the horns were sounded. Results of the court case will be interesting, probably 50/50 if its like all the car accidents here.

As a side note a power vessel must give way to a vessel not under command or a vessel fishing, in this case that also means the sail boat had right of way in both instances again

.

Edited by seajae
Posted

Some of you guys dont know what you are talking about nor have read and comprehended the events. If you had, you wouldnt be making the statements you are

Posted

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole. facepalm.gif

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed. clap2.gif

If you bothered to read the story you would know that the 2 captains were foreigners.

Amazing Thai basher indeed clap2.gif

Posted

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole. facepalm.gif

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed. clap2.gif

If you bothered to read the story you would know that the 2 captains were foreigners.

Amazing Thai basher indeed clap2.gif

If you'd bothered to read properly you'd know one captain was Thai.
Posted

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole. facepalm.gif

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed. clap2.gif

If you bothered to read the story you would know that the 2 captains were foreigners.

Amazing Thai basher indeed clap2.gif

If you'd bothered to read properly you'd know one captain was Thai.

The owner of Starship, Gary Gilbert added, "When I realised he was on collision course I blew my horn five times [the international collision warning signal].

Dave McGuire - in charge of the North Star at the time of the incident – posted on his Facebook:"story so far...........

Who was the Thai, Gary or Dave?

Posted

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole. facepalm.gif

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed. clap2.gif

If you bothered to read the story you would know that the 2 captains were foreigners.

Amazing Thai basher indeed clap2.gif

If you'd bothered to read properly you'd know one captain was Thai.

The owner of Starship, Gary Gilbert added, "When I realised he was on collision course I blew my horn five times [the international collision warning signal].

Dave McGuire - in charge of the North Star at the time of the incident – posted on his Facebook:"story so far...........

Who was the Thai, Gary or Dave?

Being in charge and being captain, not same same.....

Are there any farang dive boat operation captains? I highly doubt that.

Posted

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole. facepalm.gif

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed. clap2.gif

If you bothered to read the story you would know that the 2 captains were foreigners.

Amazing Thai basher indeed clap2.gif

If you'd bothered to read properly you'd know one captain was Thai.
The owner of Starship, Gary Gilbert added, "When I realised he was on collision course I blew my horn five times [the international collision warning signal].

Dave McGuire - in charge of the North Star at the time of the incident posted on his Facebook:"story so far...........

Who was the Thai, Gary or Dave?

If you would have read the thread you'd know.
Posted

The captain driving the dive boat was Thai, but Dave McGuire appeared to be giving orders to the Thai crew. The dive boat crashed into the sailboat at high speed. Little if any attempt was made to slow the boat or change course before the collision. The evidence is visible to anyone who goes to Boat Lagoon and sees how far the steel hull of the dive boat penetrated into the aluminum hull of the sailboat. The sailboat maintained course and speed until a collision was eminent and then turned to port when there was no change of course or speed from the dive boat. The dive boat struck the sailboat on the starboard side in the middle of the cockpit with enough force to cut a fiberglass boat in half. The anchor from the dive boat came within one meter of the head of a 7 year old girl that was sitting there next her mother in the cockpit of the sailboat. If the dive boat had not altered course he would have hit the island which was 200 meters on his bow after the point of collision. The sailboat was trying to get in the lee of the island and the wind was blowing hard and gusty which would have made a turn to starboard very dangerous as the main sail would have jibed. The wind was from the east north east and the sailboat could not pass behind the dive boat without jibing. After the collision the dive boat left the scene to pass to the north of the island in the direction of Phi Phi Island with one of the crew members from the sailboat aboard the dive boat and when they realized that they had one of the sailboat crew member's aboard, they turned around and came towards the sailboat which had lost all control due to the damaged boom and mainsail that had been struck by the anchor of the dive boat. The sailboat was still moving forward into the wind driven by the for sail. The dive boat placed his starboard side in front of the bow and attempted to come along side so that the sailboat crew member could get back aboard the sailboat. The sailboat hit the dive boat with the bow while the captain of the sailboat was screaming at the dive boat to stay away. When the crew member hesitated to jump in the water due to shock, he was kicked by one of the Thai dive boat crew members into the water with his foot. The dive boat then turned and went to Phi Phi leaving the sailboat that was damaged without offering any assistance. The sailboat crew member swam to the dinghy that was being towed by the sailboat and climbed aboard the dinghy and from there was pulled in by the rope to the sailboat. The crew member that was kicked into the water from the dive boat wanted to press charges but he had to leave Thailand on April 15 to fly to Nepal. I hope he got out of there before the earthquake! Does anyone know where I can find the videos taken from the dive boat? Those videos will prove the guilt of the Thai captain of the dive boat and his boss, Dave McGuire. This collision was absolutely senseless as the dive boat was on a collision course with the island 200 meters further so the dive boat had to turn to port anyway to get to Phi Phi Island!

post-47363-0-93795300-1430118946_thumb.p

  • 2 weeks later...
Posted (edited)

Thaisail, were you on either boat?

Please can you send me a private message?

Edited by LivinginKata
email address removed as per forum rules

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