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Phuket superyacht crashes into Thai fishing boat


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Phuket superyacht crashes into Thai fishing boat

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PHUKET: The 65-meter superyacht Lamima crashed into a Thai fishing boat off Phuket’s shore yesterday.

The French owner of the Iron Wood hulled phinisi, Dominique Gerardin, was on board the vessel with 18 guests when it collided with Jor Pornpatsinee.

Nobody was injured in the incident.

Full story: http://www.phuketgazette.net/phuket-news/Phuket-superyacht-crashes-Thai-fishing-boat/62679?desktopversion#ad-image-0

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-- Phuket Gazette 2015-12-19

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

It sounds like it would be just about impossible for marine police to establish a violation of law that could be proven with evidence. Why should an accident like this result in criminal charges? In the west, payment of compensation through insurance would probably be the outcome. Here, the yacht owner didn't want to dispute fault and took care of the damages which weren't that significant as there were no injuries. He may not have been at fault, but given that he is the farang and obviously has the financial ability to take care of the property damage, he took care of the only thing that may have been in dispute - payment of compensation for damages. If there had been alcohol or injuries involved, the result might have been different.

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Edited by stevenl
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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

Since the fishing boat was moored/anchored being under sail or not would not matter very much. It was not under sail BTW, all information in the linked article.

Edited by stevenl
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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

Not if you are anchored :)

But it wasn't under sail, clearly evident if you read the linked article with photos of the incident...

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault. It depends where the boat was anchored.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

Since the fishing boat was moored/anchored being under sail or not would not matter very much. It was not under sail BTW, all information in the linked article.

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

I very much disagree - if parties come to terms for compensation, such case where damages are only material should remain a private matter, unless one of the parties wants to involve authorities.

"nullo actore nullus iudex"

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

It sounds like it would be just about impossible for marine police to establish a violation of law that could be proven with evidence. Why should an accident like this result in criminal charges? In the west, payment of compensation through insurance would probably be the outcome. Here, the yacht owner didn't want to dispute fault and took care of the damages which weren't that significant as there were no injuries. He may not have been at fault, but given that he is the farang and obviously has the financial ability to take care of the property damage, he took care of the only thing that may have been in dispute - payment of compensation for damages. If there had been alcohol or injuries involved, the result might have been different.

According to maritime law, a moving vessel that hits a stationary object, especially an anchored vessel, is presumed to have caused the casualty. The reason for a charge is to make sure this is logged against the captain's license. Which can potentially be revoked due to this accident. Letting them go allows a potential repeat of the accident...or worse.

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

The other boat WAS AT ANCHOR. Don't you read before you post? coffee1.gif

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I like the comment " we were just here to help". Yes help the fishing boat negotiate a bigger fee. Then help relieve the said fishing boat owner of such a heavy load of 1000 baht notes to the value of about 40%. The only thing those blokes like to help is themselves to other peoples money.

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

It sounds like it would be just about impossible for marine police to establish a violation of law that could be proven with evidence. Why should an accident like this result in criminal charges? In the west, payment of compensation through insurance would probably be the outcome. Here, the yacht owner didn't want to dispute fault and took care of the damages which weren't that significant as there were no injuries. He may not have been at fault, but given that he is the farang and obviously has the financial ability to take care of the property damage, he took care of the only thing that may have been in dispute - payment of compensation for damages. If there had been alcohol or injuries involved, the result might have been different.

According to maritime law, a moving vessel that hits a stationary object, especially an anchored vessel, is presumed to have caused the casualty. The reason for a charge is to make sure this is logged against the captain's license. Which can potentially be revoked due to this accident. Letting them go allows a potential repeat of the accident...or worse.

According to maritime law during daylight hours the anchored vessel is required to display a day shape (black ball). If the 'superyacht' is registered as a sailing vessel it also must fly a day shape (black inverted cone) while motoring underway.

Of course this could have all been avoided with AIS lol

Edited by cloudhopper
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Some confusion amongst the readers - as always! The owner is not necessarily THE captain. A vessel of this size would, in most circumstances, have a permanent captain who would be responsible for the vessel, even though the owner was aboard. The fact that the owner was onboard helped sort out the problem, being able to make the decision to pay compensation on the spot!

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

How can it give way when anchored!?!

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

As I understand it, small makes way for big and motor makes way for sail?

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“The owner of the superyacht agreed to pay full compensation to the fishing boat, so there was no need for us to charge anyone,” Lt Col Panya said. “We were just there to help.”

That's one of the problems here. Pay a bit of money and nothing goes on your record. You're free to cause problems again. If a law was broken, the offending party needs to be charged.

And if no laws were broken no-one needs to be charged.

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I've been "close" to an incident like this. It would help to know what time this happened. If it was night time, i'd put money on the Thai vessel having no navigation aids, and the captain was probably enjoying a few jars.

The super yacht would have had a manned bridge, and radar i guess. Paying for compensation would be normal practise, and a nice gesture from the captain, as this would be the Thai subsistence method.

Daytime, apparently there is no doubt the yacht was at fault.

Was it unser sail in which case it is unlikely to be at fault as others give way to sail

Wy you did not looked at the picture, the yacht is clearly not under sail, secondly the fishing boat was anchored. I will add, what is really scary is a 200 feet vessel navigating carelessly without any one having an eye on the radar since they believed putting the radar's alarm on was unnecessary

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