Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Oct. 28, 1991
Summary: Only negligence may be shown at administrative hearing. Here pilot was negligent in grounding his vessel. Recommend letter of reprimand.
82-1971STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL )
REGULATION, BOARD OF PILOT )
COMMISSIONERS, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1971
)
THOMAS A. BAGGETT, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on 8 December 1982 at Tampa, Florida.
APPEARANCES
For Petitioner: William B. Ewers, Esquire
Suite 204, 2170 Southeast 17th Street Fort Lauderdale, Florida 33316
For Respondent: C. Steven Yerrid, Esquire and
Boyd Wolf, Esquire Post Office Box 1288 Tampa, Florida 33601
By Administrative Complaint filed July 7, 1982, the Department of Professional Regulation, Board of Pilot Commissioners, Petitioner, seeks to revoke, suspend or otherwise discipline the license of Thomas A. Baggett as a Tampa Bay pilot. As grounds therefor it is alleged that on January 6, 1982, Respondent, while piloting the S.S. VERA CRUZ-1 outbound from Tampa negligently grounded the S.S. VERA CRUZ-1 some 1,000 yards north of Tampa Bay Lighted Bell Bouy 8-F, which position is well outside the channel. Specifically, Respondent is alleged to be negligent in failing to obtain information that the S.S. VERA CRUZ-1 is equipped with a bow thruster and in the use of the bow thruster in making the turn; that he failed to navigate within the prescribed limits of the channel and a grounding occurred; and that he was negligent in the use of rudder, propellers and anchor to prevent the grounding.
At the hearing two witnesses were called by Petitioner, Respondent testified in his own behalf, and six exhibits were offered into evidence. Ruling on Respondent's objections to the admission of Exhibits 5 and 6 was reserved at the hearing. Those exhibits are now admitted into evidence; however, no finding has been made based solely upon those exhibits. The facts here involved are largely undisputed.
Proposed findings submitted by the parties and not included below were not supported by the evidence or were deemed immaterial to the results reached.
FINDINGS OF FACT
At all times here relevant Respondent was licensed by Petitioner as a Tampa Bay pilot.
On the morning of January 6, 1982, Respondent boarded the S.S. VERA CRUZ-1 to pilot the ship into Tampa Bay. Although the Administrative Complaint alleges the S.S. VERA CRUZ-1 was outbound from Tampa, the evidence was undisputed that the ship was inbound and the grounding occurred while the pilot was changing course to the right while attempting to go from Cut F channel into the Gadsden Cut channel some 80 degrees to the right of Cut F. The allegation that the ship was outbound is not material to the charge of negligence and will be disregarded. Exhibit 5, a copy of a section of the chart of Tampa Bay where the grounding occurred, does not clearly show the name of this channel, but the transcript (p. 27) indicates it is Gadsden Cut channel.
The S.S. VERA CRUZ-1 proceeded northward at half speed up Tampa Bay without incident from the time Respondent boarded until Tampa Bay Lighted Bouy 6F was abeam to starboard at 0600, and Respondent ordered 20 degrees starboard rudder. At this time the wind was light (about 5 knots) and the current was near slack water and negligible.
Leaving Cut F inbound, Cut G leads westward some 85 degrees to the west (or left) of the Cut F heading and Gadsden Cut channel leads some 80 degrees to the right of Cut F heading. The course change of about 80 degrees to the right from Cut F to the Gadsden Cut channel can be made in two steps or in a gradual turn, as a large area is included in these channels at this intersection (Exhibit 5).
Shortly after ordering 20 degrees right rudder, Respondent realized the
S.S. VERA CRUZ-1 was not turning as fast as necessary to enter Gadsden Cut channel and he ordered the rudder increased to right full. Shortly thereafter, at 0603, Respondent ordered the engines ahead full expecting the thrust from the propellers to increase his rate of turn. The S.S. VERA CRUZ-1 continued to swing slowly to the right and moved well north of the intended course. At 0604 Respondent ordered the engines stopped and shortly thereafter, at 0604.5, he ordered the engines full astern. By this time the ship was aground in 22 feet of water.
The S.S. VERA CRUZ-1 is a 10,596 gross tonnage, twin-screw, single- rudder vessel equipped with a bow thruster. On 6 January 1982 she was drawing
23 feet forward and aft. Respondent's testimony that the bow thruster is not very effective at speeds in excess of three knots was not rebutted nor was his testimony that he was aware the ship was equipped with a bow thruster. Respondent had piloted the S.S. VERA CRUZ-1 several times (five or six) before January 6, 1982.
On the S.S. VERA CRUZ-1 the single rudder is located in the center line of the ship between the two propellers. This is the normal configuration for a twin-screw, single-rudder ship. On such a ship an increase in the thrust from the propellers will not provide the turning force on a rudder that is generated when the rudder is mounted directly behind the propeller, as is customary on a single-screw ship or a twin-screw, twin-rudder ship. However, the location of the propellers on a twin-screw ship are such that a turning moment on the ship
is generated if only one propeller is used and a greater turning moment may be generated by having one propeller in the ahead position and the other propeller backing.
When the S.S. VERA CRUZ-1 was sluggish in turning to the right from Cut F, the turning moment could have been increased (and the turning circle reduced) by stopping the starboard propeller. Had the starboard propeller been backed, the turning moment would have been increased even more and the turning circle reduced accordingly. Increasing the speed from half to full on a single-rudder, twin-screw ship will not change the turning circle at a given rudder angle absent significant wind and current factors. Since neither wind nor current was significant in this incident, the increase in speed from one-half to full served only to add speed to the ship without affecting its track. Since the ship was already well north of the entrance to Gadsden Cut when the full ahead command was given, the increase in speed served only to advance the time the vessel grounded.
The S.S. VERA CRUZ-1 grounded at 0605 on a soft mud to silt bottom and remained there until 0904 shortly after tugs had attached lines and began to pull.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 310.101, Florida Statutes (1981), provides that disciplinary action may be taken against a licensed state pilot upon a finding of guilty of:
(5) Negligence, incompetence or misconduct in the performance of piloting duties.
Only negligence is alleged in the Administrative Complaint. Negligence has been defined in Board of Pilot Commissioners v. Lerro, 3 FALR 1120A (Final Order entered 3 April 1981) in which the Board adopted the conclusions of law of the Hearing Officer that, as a matter of law, negligence as used in Section 310.101 establishes the following standard of care:
The omission to do something which a reasonable pilot, guided by those
ordinary considerations which ordinarily regulate piloting of vessels or the doing of something which a reasonable and prudent pilot would not do.
It is elementary that ships are usually piloted within the confines of the channel even when the ship is of limited draft and can safely stray a short distance outside the channel. It is elementary seamanship, which all ship handlers (and especially pilots who hold themselves out as experts) are required to know, that increasing the propeller speed on a ship where the rudder is not in line, or nearly so, with the propeller, will not change the turning circle for the rudder angle used to put the ship into its turn.
Respondent's testimony, that he increased engine speed from one-half to full for the purpose of reducing the turning circle and increasing the speed of turn toward the intended course indicates Respondent was unaware of basic seamanship or that he temporarily forgot basic rules.
When the ship failed to turn at the rate needed to enter Gadsden Cut channel, the rate of turn could be increased by increasing the rudder angle, and if that did not suffice, by stopping and/or backing the starboard engine. Respondent ordered the rudder angle increased to full but when that action failed to produce the desired result, took no further action to increase the rate of turn.
No adverse weather or failure of equipment on the ship contributed to this grounding. To the contrary, the grounding resulted solely from Respondent's failure to do those things a reasonably prudent pilot would do to safely navigate the turn from Cut F to Gadsden Cut channel, viz, use the engines to increase the rate of turn after increasing the rudder angle failed to accomplish this result.
From the foregoing it is concluded that Captain Thomas A. Baggett was negligent on 6 January 1982 while piloting the S.S. VERA CRUZ-1 in Tampa Bay and this negligence resulted in the S.S. VERA CRUZ-1 running aground. It is
RECOMMENDED that the Board of Pilot Commissioners enter a Final Order binding Thomas A. Baggett negligent in piloting the S.S. VERA CRUZ-1 on 6 January 1982 as alleged. It is FURTHER RECOMMENDED that Captain Thomas A. Baggett be issued a letter of reprimand.
ENTERED this 11th say of January, 1983, at Tallahassee, Florida.
K. N. AYERS, Hearing Officer Division of Administrative Hearings Department of Administration
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
FILED with the Clerk of the Division of Administrative Hearings this 11th day of January, 1983.
COPIES FURNISHED:
William B. Ewers, Esquire
Suite 204, 2170 S.E. 17th Street Fort Lauderdale, Florida 33316
C. Steven Yerrid, Esquire Boyd Wolf, Esquire
Post Office Box 1288 Tampa, Florida 33601
Jane Raker, Executive Director Board of Pilot Commissioners Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Fred Roche, Secretary Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 82-001971
Orders for Case No: 82-001971
| Issue Date |
Document |
Summary |
|
Mar. 25, 1983 |
Agency Final Order
|
|
|
Jan. 11, 1983 |
Recommended Order
|
Only negligence may be shown at administrative hearing. Here pilot was negligent in grounding his vessel. Recommend letter of reprimand.
|
