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OS35 accident report urges rethink on compulsory pilotage for outbound vessels

Photo by Johnny Bugeja

The Gibraltar Port Authority should consider introducing compulsory pilotage for ships sailing from the Rock’s western anchorage to minimise the risk of collision.

That was one of the recommendations made following an investigation into the OS35 incident in August 2022, which concluded that errors by the ship’s crew as it manoeuvred from anchorage were a key factor in the incident.

The OS35, a bulk carrier loaded with steel bars, sustained damage after colliding with the anchored liquefied natural gas carrier ADAM LNG.

After the collision and under the direction of the Gibraltar Port Authority, the OS35 was grounded in shallow water on the east side of the Rock to protect life and minimise pollution.

The wreck was removed in a complex and protracted salvage operation that culminated a year later in July 2023.

In a 37-page report, the Office of the Marine Accident Investigation Compliance Officer, part of the Ministry for Business, Tourism and the Port, reached a number of conclusions about the incident and made some recommendations aimed at improving safety.

The OS35 had been taking bunker fuel at anchor close opposite Camp Bay to the ADAM LNG on the night of the collision.

As it weighed anchor and moved to sail from Gibraltar, the master on the OS35 initially manoeuvred astern but became concerned that the vessel was drifting due to the tidal flow and wind.

Despite a change in manoeuvre, the two ships came into contact and the OS35 began taking on water as it sailed toward Europa Point before being ordered aground off Catalan Bay.

The investigation found that the master and bridge team on the OS35 did not monitor the departure manoeuvre effectively and made an error in their understanding of the effects of the tidal flow and wind.

The Gibraltar Port Authority’s Vessel Traffic Services (VTS) monitored the manoeuvre but its interventions did not alter the actions of the master or prevent the collision.

After the collision, the VTS instructed the OS 35 to sail into shallow water to prevent the ship from sinking.

Neil Atkinson, the Maritime Accident Investigation Compliance Officer, said: “This unfortunate accident highlights the need for the master and bridge team to effectively monitor the effects of the vessel’s movements.”

“Thankfully, and due to the commendable actions of the VTS team, the accident did not result in any loss of life.”

The operator of OS35 was recommended by investigators to review bridge team training and procedures prior to arrival and departure without a pilot onboard.

The GPA was recommended to require VTS to provide clear advice to vessels prior to giving permission to depart from the Western Anchorage.

It was also urged to consider compulsory pilotage for departing vessels, while Gibraltar Pilots, the company that provides pilotage services, was advised to offer clear information to captains on the availability of a pilot for departure from the Western Anchorage, even if this was not a requirement.

Maritime pilots are experienced master mariners who have a good understanding of weather conditions and vessel handling at the ports in which they work, guiding ships safely to and from berths or anchorage zones.

In Gibraltar’s busy bay, pilotage ensures that vessels arriving are anchored in positions that ensure that the Western Anchorage is safely and efficiently used for the delivery of bunkering services in Gibraltar.

But while pilotage is compulsory for vessels arriving at the Western Anchorage, it is not a requirement for departing vessels.

The report said departure from the Western Anchorage in light wind and weak tidal conditions is a “relatively straight forward manoeuvre”, which is monitored by VTS.

“It is considered unlikely that the actions of VTS or ADAM LNG could have prevented the collision,” the accident investigation report found.

“While collisions of vessels departing the western anchorage are rare, the risk does exist.”

“Pilotage is provided to ensure the safe arrival of vessels to the anchorage, and to ensure that the available anchorage is effectively used.”

“Had pilots been obliged to provide advice to masters on the most effective manoeuvres, accepting that traffic, wind and tidal conditions will change, for departing the anchorage this could assist masters in their passage planning.”

“Had a pilot been on board OS 35 the [initial] manoeuvre astern would not have been their chosen option for the location and conditions that were found on the day.”

“Had the OS 35’s turn to port been initiated as the anchor was being lifted there was sufficient sea room to continue moving ahead and turn to port to depart the anchorage to the west.”

“There was also suitable sea room to pass between the vessels ahead, which would have provided greater control of the vessel than by manoeuvring astern, where the manoeuvre is more difficult to control and monitor.”

The report noted that while pilotage for outbound vessels is not compulsory, some operators do use the service as their ships sail from Gibraltar.

But this incurs a fee as the cost of a pilotage from the anchorage would be charged at the same rate as an arrival.

The report noted that the frequency of collisions on departure from Gibraltar’s anchorage is low.

“However, the potential impact of vessel collisions is high, with the associated risk of serious oil pollution,” the reported noted.

“No significant collisions, with a pilot on board - with around 8,700 pilotage acts carried out each year - have been formally investigated during the same 15-year period.”

“However, the potential impact of vessel collisions is high due to the frequency of vessels arriving into and departing from Gibraltar and nearby Spanish ports.”

Investigations under the Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulation 2012 are not concerned with apportioning blame nor with determining civil or criminal liabilities.

The purpose of safety investigation into marine accidents is to reduce the risk of future casualties and incidents and reduce their serious consequences including loss of life, loss of ships and pollution of the marine environment.

The captain of the OS 35 had previously admitted merchant shipping offences relating to the collision that led to his ship being grounded off Catalan Bay.

In the Supreme Court in May 2023, he admitted charges including conduct endangering a ship and failing to comply with legal obligations under merchant shipping regulations to prevent collisions.

While acknowledging the serious consequences of the OS 35 casualty, lawyers for the ship’s captain said at the time that it arose from a “professional misjudgement” during a cumulative sequence of events, including wind and tides that affected the vessel’s manoeuvrability.

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