Judges: WILLIAM J. KENDRICK
Agency: Department of Business and Professional Regulation
Latest Update: Sep. 09, 1985
Summary: By Administrative Complaint filed September 28, 1984, Petitioner, Department of Professional Regulation, Board of Pilot Commissioners (Department) seeks to discipline Respondent, Thomas A. Baggett, a licensed pilot in Tampa Bay, Florida. The complaint charges that on May 15, 1984, while piloting the M/V Hybur Tropic, Respondent negligently maneuvered the vessel so as to jeopardize and nearly capsize its assisting Tug Dorothy and to cause the Hybur Tropic to collide with moored barge 105 3301. At
Summary: By Administrative Complaint filed September 28, 1984, Petitioner, Department of Professional Regulation, Board of Pilot Commissioners (Department) seeks to discipline Respondent, Thomas A. Baggett, a licensed pilot in Tampa Bay, Florida. The complaint charges that on May 15, 1984, while piloting the M/V Hybur Tropic, Respondent negligently maneuvered the vessel so as to jeopardize and nearly capsize its assisting Tug Dorothy and to cause the Hybur Tropic to collide with moored barge 105 3301. At final hearing Petitioner called John C. Hanson, Raymond E. Hamilton, Joseph Jones, and George H. Reid, as witnesses. Petitioner's Exhibits 1, 3, 4, 6, 8 and 9A-G were received into evidence. Respondent testified on his own behalf, and called John C. Hanson, Howard P. Krueger, and Joseph J. O'Connell, as witnesses. Respondent's Exhibits 1 and 2 were received into evidence. The transcript of hearing was filed August 16, 1985. At the parties' request an extension of time was given in which to submit proposed findings of fact and conclusions of law. The parties waived the requirement set forth in Rule 28-5.402, F.A.C., that a recommended order be entered within 30 days after the transcript is filed. Rule 221-6.31, F.A.C.Board had disciplinary jurisdiction even though no state pilot required on vessel. Collision was a result of pilot's negligence and inattention to duty.
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84-3419STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF PILOT ) COMMISSIONERS, )
)
Petitioner, ) CASE NO. 84-3419
)
vs. )
)
THOMAS A. BAGGETT, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on July 22, 1985, at Tampa, Florida.
APPEARANCES
For Petitioner: David C. Banker, Esquire
David G. Hanlon, Esquire
Shackleford, Farrior, Stallings, & Evans Post Office Box 3324
Tampa, Florida 33601
For Respondent: C. Steven Yerrid, Esquire
Margaret Mathews, Esquire Holland & Knight
Post Office Box 1288 Tampa, Florida 33601
PRELIMINARY STATEMENT
By Administrative Complaint filed September 28, 1984, Petitioner, Department of Professional Regulation, Board of Pilot Commissioners (Department) seeks to discipline Respondent, Thomas A. Baggett, a licensed pilot in Tampa Bay, Florida. The complaint charges that on May 15, 1984, while piloting the M/V Hybur Tropic, Respondent negligently maneuvered the vessel so as to jeopardize and nearly capsize its assisting Tug Dorothy and to cause the Hybur Tropic to collide with moored barge 105 3301.
At final hearing Petitioner called John C. Hanson, Raymond E. Hamilton, Joseph Jones, and George H. Reid, as witnesses. Petitioner's Exhibits 1, 3, 4, 6, 8 and 9A-G were received into evidence. Respondent testified on his own behalf, and called John C. Hanson, Howard P. Krueger, and Joseph J. O'Connell, as witnesses. Respondent's Exhibits 1 and 2 were received into evidence.
The transcript of hearing was filed August 16, 1985. At the parties' request an extension of time was given in which to submit proposed findings of
fact and conclusions of law. The parties waived the requirement set forth in Rule 28-5.402, F.A.C., that a recommended order be entered within 30 days after the transcript is filed. Rule 221-6.31, F.A.C.
The parties have submitted proposed findings of fact and conclusions of law, and they have been reviewed and considered. To the extent that any proposed findings have not been adopted in this Recommended Order, they have been rejected as being subordinate, cumulative, immaterial, or unnecessary, or as being contrary to the facts as found in this Recommended Order.
FINDINGS OF FACT
Respondent, Thomas A. Baggett, was at all times material hereto licensed by the State of Florida as a pilot in Tampa Bay. On May 15, 1984, Captain Baggett was employed to undock the M/V Hybur Tropic (Tropic) from Berth 264, Port of Tampa, and to pilot her outbound through Tampa Bay.
The Tropic is 238 feet long, with approximately a 32 foot beam, and a draft of over 7 feet. She is powered by a direct drive diesel engine and backs to port. Because the Tropic is direct drive, it takes a minute to a minute and a half to shift the direction of the engine; and another minute to a minute and a half to make headway in the opposite direction. At slow astern, the Tropic will achieve a speed of 2-3 knots in less than two ships' lengths.
At or about 1820 hours, May 15, 1984, Captain Baggett ordered the Tug Dorothy to make up a hawser to the center chock aft of the Tropic and pull the stern of the Tropic, which was moored port side to Berth 264, away from the dock. Captain Baggett maneuvered the Tropic's stern around the bow of the M/V Carib Haven which was moored within 100 to 150 feet of Berth 264 on the south side of the slip, and positioned the Tropic in the center of the west end of the slip.
Captain Baggett then ordered the Tug Dorothy to pull the Tropic backward out of the slip and ordered the Tropic's engine to slow astern. As the stern of the Tropic exited the slip into Ybor Channel, Captain Baggett ordered the Tug Dorothy to pull the stern of the Tropic to the north, but did not order any engine change. Finally, as the bow of the Tropic cleared the slip, and was in the Ybor Channel, Captain Baggett ordered the Tropic's engines to slow ahead. When she entered the Ybor Channel the Tropic was making a minimum of 2-3 knots, and with the assist provided by the Tug Dorothy more probably 4-5 knots.
Captain Baggett's handling of the Tropic placed the Tug Dorothy in a position of peril, and rendered her ineffectual. By continuing slow astern, after ordering the tug to pull the Tropic's stern to the north, the Tropic's tendency to back to port worked against the tug's efforts. By continuing to back the Tropic's engine until her bow had cleared the slip, the Tropic backed past the tug and began to trip her. With water coming over the tug's port side, and the danger of tipping over imminent, the tug's deckhand released the hawser to the Tropic, and the Tropic backed past her into the side of the barge IOS 3301, which was moored on the east side of the Ybor Channel immediately east of the slip the Tropic exited.
Captain Baggett's assertion that a collision would have been avoided if the Tug Dorothy had not released the hawser is unpersuasive. At the time the hawser was released, Captain Baggett's handling of the Tropic had already rendered the tug ineffectual, and a collision with the barge 105 3301 inevitable.
When Captain Baggett finally ordered the Tropic's engine slow ahead, her bow had cleared the slip and she was moving astern at a minimum of 2 knots. By that time, the Tropic's stern was only 180 feet from the side of the barge
105 3301. At 2 knots the Tropic would cover 200 feet in one minute. Accordingly, before the Tropic's engine could even start ahead, she had backed into the barge.
Captain Baggett sought to justify his backing of the Tropic through testimony that he used the Tropic's tendency to back to port to keep her bow from falling down on the M/V Carib Haven. However, by the time the Tropic's stern exited the slip, her bow was already clear of the M/V Carib Haven. Further, Captain Baggett conceded that the Tug Dorothy, even with existing shipping in the slip, was capable of safely towing the Tropic into the Ybor Channel without any assist from the Tropic's engine.
Captain Baggett failed to offer any persuasive evidence which would exculpate him. 1/ Wind, weather and current conditions were not unfavorable at the time of the collision, and the Tropic did not experience any mechanical problems.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
The allegations in this case are that Captain Baggett violated Section 310.101(5), Florida Statutes, and Rules 21SS-8.07(1), F.A.C.
Section 310.101, Florida Statutes, provides in pertinent part:
The board shall have authority to discipline or suspend a licensed
state pilot or certified deputy pilot or to revoke the license or certificate of either . . . who, after
hearing, has been adjudged . . . guilty of any of the following:
* * *
(5) Negligence, incompetence, or misconduct in the performance of piloting duties.
Rule 21SS-8.07(1), F.A.C., provides in pertinent part:
Any act of misconduct, inattention to duty, negligence or incompetence,
. . . or any failure to exercise that care which a reasonable and prudent pilot or deputy pilot would exercise under the same or similar circumstances may result in disciplinary action.
The Department has established by clear and convincing evidence that the Tropic's collision with the barge 10S 3301, and the near tripping of the Tug Dorothy, were the direct result of Captain Baggett's negligence and inattention to duty.
Respondent's suggestion that the Department has no jurisdiction to discipline Captain Baggett because, pursuant to Rule 21SS-8.10, F.A.C., a state pilot is not required for vessels in the docking or undocklng mode is ill- founded. Rule 21SS-8.10, F.A.C., merely exempts vessels from the requirement of having aboard a state pilot when in the docking or undocking mode. The rule clearly does not exempt the pilot from disciplinary action when he undertakes to undock the vessel in furtherance of his piloting duties.
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a Final Order:
Suspending the pilot license of Respondent, Thomas A. Baggett, for a period of three (3) months; and
Imposing an administrative fine against Respondent, Thomas A. Baggett, in the amount of one thousand dollars (1,000.00).
DONE AND ENTERED this 9th day of September, 1985, at Tallahassee, Florida.
WILLIAM J. KENDRICK
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 9th day of September, 1985.
ENDNOTE
1/ In reaching this conclusion, the Hearing Officer is not unmindful of the opinions expressed by Captains Krueger and O'Connell. Their opinions have been rejected as unpersuasive since they were premised on the accuracy of Captain Baggett's testimony, which on some material matters differed sharply from the facts as found in this Recommended Order.
COPIES FURNISHED:
David C. Banker, Esquire David G. Hanlon, Esquire
Shackleford, Farrior, Stallings, & Evans, P.A.
Post Office Box 3324 Tampa, Florida 33601
C. Steven Yerrid, Esquire Margaret Mathews, Esquire Holland & Knight
Post Office Box 1288 Tampa, Florida 33601
Fred Varn, Executive Director Board of Pilot Commissioners Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Fred M. Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Salvatore A. Carpino, Esquire General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 84-003419
Orders for Case No: 84-003419
| Issue Date |
Document |
Summary |
|
Sep. 09, 1985 |
Recommended Order
|
Board had disciplinary jurisdiction even though no state pilot required on vessel. Collision was a result of pilot's negligence and inattention to duty.
|
