# Collision in S.F. Bay - Merged Threads



## SeaStoryWriter

Container ship tried to take out one of the big bridges. Crushed 100' of the safety barrier and laid herself open some. Understand she's losing some bunker oil but is in no danger of foundering or seriously fouling the bay.


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## DAVIDJM

She was Hanjin Shipping's 65,131-ton COSCO BUSAN

Try this site
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/11/08/MNUKT85I3.DTL


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## SeaStoryWriter

USCG didn't get to the oil in a timely manner. Seems there's some 58,000 gallons in the bay. Today's LA Times had a photo of the streamers around Alcatraz-imagine it's available on line. Lotta critters getting hurt.


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## tacho

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/11/08/MNUKT85I3.DTL

Looking at the 4 pics on the above link - the schematic indicates that she hit the pier stbd side fwd but the picture shows it as being port side fwd. Don't suppose it matters. As a layman I'm surprised that the fuel tank/s are so far forward and so high up?


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## SeaStoryWriter

The Govenator is really up in arms-seems the response from everybody who was supposed to be ready to deal with this type of thing was FUBAR.


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## John Campbell

*Electronic Chart Assisted Collision*

Judging from the ongoing brohaha in San Francisco re the incident involving the Cosco Busan and the S.F. Bay Bridge and the Pilot blaming the Electronic chart as being somehow to blame for the accident - I may be wrong but this may be the first instance of an electronic chart being at fault.


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## James_C

I wouldn't have thought so John, there must have been other cases.
However as with most things, some people are over reliant on technology and have supreme belief in its infallibility.
With ENC's, the GPS position may be right to the WGS84 datum, but that of course doesn't mean the chart is! I'm sure I've read of incidents in the MAIB safety digest regarding confusion over the datum etc causing groundings or suchlike.
I've even seen people taking Ranges and bearings from an electronic chart! When I said something along the lines of "well if you're going to do that you may as well taken our position from the GPS" I was met with some bemusement and on one occasion an insistence that it was 'ok' because it was a 'terrestrial position'.
Makes you wonder eh? 
After all, if you give an idiot on the bridge of a ship brand new up to date equipment, it does not make him any less of an idiot, it just makes him more dangerous!


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## sparkie2182

quite right james.........


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## MikeK

That last paragraph is very profound !! Nicely put Jim.

MikeK


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## Buoy

James,
I think what you are getting at is generally known as 'data fusion'. This is the 'black art' of taking all available data and trying to make it into one picture! There are huge problems as you say with determining which data is correct. You can have ENC, GPS, AIS etc all showing a different position. 

The thing to remember of course is that all these equipments are 'Aids to navigation' and there is no substitute for good old fashioned seamanship - which includes as I recall using your eyes!!


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## Amanita

*Container ship hits SF bay bridge tower*

Looks like the Cosco Busan's in quite a bit of trouble here. Anyone else hear anything about this?
So far it's looking like the ship's captain, the harbour pilot, and the coast guard have some explaining to do.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/07/BAH3T81G7.DTL

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/19/MNPNTF04M.DTL&tsp=1


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## Amanita

Ouch..I've been reading about that. I just posted the link to another story about this incident.
Sounds like the captain and the pilot really cocked this one up.
As for the ship herself, here's hoping they get the poor girl fixed up. What did she ever do to deserve a captain and pilot screwing up this badly?


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## Ian

*Bridge Smashing*

For those of you who have never been to San Francisco, witnessed ship ops in the bay or for that matter been under or over the Oakland Bay Bridge, let me say - its a nasty navigation hazard. In the fog - for those of you who have never been to San Francisco, sailed the bay or witnessed vessel ops, its not uncommon for ships to ground on the approach to Oakland, ground on the approach to the shipping channel beneath the bridge - its dense fog. The Coast Guard runs a ship traffic control post on Treasure Island for the puropse of vessel master/pilot guidance. There is a Coast Guard Landing one mile as the crow files on the other side of TI. Other ships that have had a problem in the bay: USS Enterprise - ran aground in daylight under harbor Pilot command, the captain was reprimanded; A Hydai container ship ran aground 600 yards off the Oalkand marine terminal and 100 yards east of TF and the APL President Lincoln go stuck in the Oakland estuary between perpendiculars as she tried to do a 360 turn a low tide. The pilot was bummed. 

As for the tide moving the oil around the bay and out to sea, the Army Corps of Engineers has a massive working model of the bay in Sausalito. It is used to plot currents and pollutants and I suggest they had the sutuation pegged before the press halucinated ecodisaster.

Its a mess, the welded seams of the ship might have ruptured below the waterline causing the spill. In retrospect, its bad but not as bad as it could have been. 

Just to substantiate my bone fidies - I have a CG 6 Pack and have raced J24's and CC 50's in the bay for 30 years.


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## SeaStoryWriter

Yeah, been through the gate a few times-fog you can slice off and currents that are two yards forward and one to the side (or back). With the number of incidents, and the size of modern ships, they may have to resort to an old method-tug assist. Considering the price of fuel, and with clean coal technologies (and the huge worldwide supply), we may be back to that too. When was the last time a lump of anthracite fouled a pelican?! Everything old may be new yet again.


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## John Gurton

From the Safety at sea website......................
SAN FRANCISCO 07 December – The pilot of the Cosco Busan, the ship that hit the Oakland Bay Bridge in San Francisco Bay on 7 November, has been formally accused of misconduct by the region’s Board of Pilot Commissioners.
John Cota is accused of “having reason to doubt whether the ship could safely proceed under the prevailing cir***stances and proceeding on his course with insufficient information about the level of visibility along his intended route.” He is also charged with “proceeding at a speed that was excessive for the cir***stances and failing to make full use of all available resources.” Specifically, he is accused of not making use of a tugboat tethered to the stern, failing to seek guidance from the Coast Guard’s Vessel Tracking System and not giving better instructions to the lookout.
Cota has 15 days to respond and to request a hearing. If he does ask for a hearing, the board will decide whether to hear the case or submit it to an Administrative Law Judge. If no hearing is requested the board can act on the charges.


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## Ian

*Bay Bridge Tag*

Thank you for this update info. The pilot is toast. Even if he has a satisfactory alibi, his reputation is impuned, and he will loose the trust of captains and fellow pilots. He has been accused of speeding in fog. Speeding in fog aboard a 70,000 ton vessel. Wonder if this will affect his motor vehicle rating


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## John Rogers

*Pilot charged with criminal negligence*

SAN FRANCISCO - The pilot of a ship that spilled thousands of gallons of oil into San Francisco Bay last November was charged by federal prosecutors Monday with criminal negligence and breaking environmental laws.


http://news.yahoo.com/s/ap/20080318/ap_on_re_us/bay_spill


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## SN NewsCaster

*US oil spill ship pilot charged (BBC News)*

The pilot of a ship that spilt 58,000 gallons of oil into San Francisco Bay is charged with criminal negligence.

More from BBC News...


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## Bill Davies

Could set a new precedence!


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## AncientBrit

Seems logical to me. Surely, the reason a vessel takes on a pilot is in the hopes of being guided safely to a secure berth. If said vessel hits rocks, runs aground or any such accident occurs whilst under the direction of the pilot he must surely bear the blame.
AB


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## Pat Thompson

Greetings,

I always thought that a ship was navigated in pilotage waters to, "Master's Orders and Pilot's advice", Panama Canal excepted. But I would also have though that poor if not bad "advice" should reckon in the apportionment of blame following an incident.

Aye

Pat Thompson

You can't get enough photos of "O'Boats"


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## Pat Kennedy

I was always led to believe that the Master bore ultimate responsibility, and the pilot could only advise.
Pat


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## Dave Wilson

Well, Pat, traditionally that has always been the case but was seriously challenged in the 'Sea Empress' fiasco. Times are a changing and I would say that a change is long overdue.


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## Pat Kennedy

In effect, what is being inferred here is that at the time of this incident, the vessel was not under the command of the master, but of a non crew member who may have only been aboard for ten minutes.
I suspect that "our learned friends" are behind this.


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## Bill Davies

Pat,
I do not think that is the inference at all. The Master is in command at all times and in the past the Pilot ( servant of the shipowner) offers his services and advises the Master. In cases where damage occurs which may be Pilot induced the Pilot is largely held blameless. The above seems to be a new stance on that long held belief.

PS: Know all about Panama and local Authorities dealing with errant Pilots


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## Pat Kennedy

OK Bill, I take your point, but if that is the case, is this particular master shouldering any responsibility?
maybe any ships nostalgia members who are pilots could comment.
Pat


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## jimmys

I am not a ships master nor have I ever been, I am an engineer.

This issue has nothing to do with responsibility, command or duties of masters or pilots.

It is a matter of liability, the blame game, you read the article and it is quite clear.

regards


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## Bill Davies

Beg to differ Jimmys.
_*This issue has everything to do with responsibility, command or duties of masters or pilots.*_ in the context to the traditional view on these matters.

Brgds


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## joebuckham

i get the distinct feeling that the mob is being psyched up for a witch hunt and the rules of oleron will be dusted off and soon be the norm again. i did'nt realise that pilots were held in such low esteem by my _fellow_ mariners


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## Barry Man

I'm surprised that so many contributors have jumped straight in to the blame game. No-one has mentioned the possibility of mechanical malfunction.

For what it's worth, I note that the authorities are suing various organisations plus 100 "John Does". They have not found a single John Doe, but they are determined to get as many people as possible.

It always strikes me as very sad that the approach to air accidents differs so much from the approach to maritime accidents.


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## willincity

There is always another side to a wretched coin,
If this was to become a global trend, Pilots imprisoned and heavy fines served upon them, then there will be no takers for this work in future for the very fear of litigation.
Experienced crews are hard to find now a days, shipping office staff likewise and pilot authorities are struggling to bring in new (experienced) people, this type of thing will not help recruitment and the likelihood will be that more and more ships will become involved in similar incidents.


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## jimmys

Hi Bill,

I agree with you as far as traditional views are concerned, these instances are not now being handled in traditional ways.
The owners are hidden away in Limited Liability companies usually offshore, difficult to sue. The P and I clubs are not the honourable insurances we used to have.
The pilots may work in the traditional fashion a non limited grouping with a group public liability insurance ie all the pilots share one insurance, similar to the old General Practitioners. The pilots pay. I am not sure???
This is the easy group to get to, it will be American on shore. When I see what is happening I cant help being suspicious.
A modern ship should be able to handle all but the most drastic plant failure on stand by without pollution.
The authorities will sue anybody they can get compensation from.

regards


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## Dave Wilson

One must take into consideration the view of the P&I Clubs who are shouldering massive claims relating to what they call 'Pilot Assisted Damage'
Pilots have enjoyed immunity from liability in the past and there now seems to be a very focussed attempt to pass liability on the either the Pilot or their employer. I was a Pilot myself in the PG for many years and I have to say several of my colleagues should not have been trusted with a pram in the main street and caused much damage and walked away with nothing more than a little 'ribbing' from fellow Pilots.
There is always two sides to an arguement which I am sure you will agree.


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## G-Dave

I know a bit about Piloting - on the Tyne for 27 years - many occasions arose where certain Masters of so called handy ships took a pilot because they had to , "compulsary pilotage". But made it clear on my arrival on the bridge that they would do the job . 
I know that some fellow pilots at that time took to carrying a tape recording device hoping that this might have given them some protection if the need arose.
Dave


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## joebuckham

hi dave 
entirely agree with the old adage that there are two sides to every argument. 
in the case of the p&i clubs having to shoulder massive claims relating to what they called pilot assisted damage i shudder to think what the claims would be, if after a period of harsh penalties, we reach the stage envisaged by willincity of a much reduced pilotage service.


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## Dave Wilson

Joe and G.Dave,
I am afraid that we must all learn to cover our own backs in some way. We have in essence all become Sea Lawyers by necessity. Recording, Camera's etc, it has to be part of the 'toolbox'.


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## AncientBrit

We have also to remind ourselves guys, this is the Excited States! Lawyers in desperate search of a percentage pay-out will take on anything for anyone.
When you consider that a woman actually sued McDonalds for not warning her that freshly purchased coffee would be hot enough to burn her if she spilled it in her lap.......and won a mega pay-out! What are the chances that a lawyer would pass up a case like this?
Lawyers are universally held in such high regard in N.America that is summed up in the old joke about, How do u tell the difference between a dead lawyer and a dead skunk lying in the road? Skid marks near the skunk!
Unfortunately, although this is, I believe an American thing, the rest of the world will only pay attention to the end result and act accordingly.
Personally, in this particular instance, as a non MN person I cant understand why I see luxury yachts in Vancouver with two and even three radar antennae, yet this huge, costly vessel has but one and that not working properly. Surely there must be some onus on the owners of a vessel to provide adequate equipment to enable the pilot to do his task.
AB


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## non descript

To reflect the present situation more accurately, as the poor fellow has not been found guilty and is at this stage merely accused of something; the title has been changed from *Pilot To Blame *to more suitable: *Pilot charged with criminal negligence*


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## Amanita

I've been reading up on this incident- the Cosco Busan's sad story.
The pilot has said things in his defense such as the radar wasn't working, and that he could not understand the ship's chinese crew. Not to mention the fog.
But if these things were true, then why did he take the ship out like that?
They're just lucky they didn't hit the Bay Bridge head-on, instead of sideswiping it like they did. A head-on collision could have severely crippled both ship and bridge.


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## surfaceblow

From Marine -L Cosco Busan update
Interesting news re this casualty:

Fog Kept Other Ships in Before Oil Spill

By ERICA WERNER
WASHINGTON (AP) * The Cosco Busan was the only big ship to get under way the morning it sideswiped the San Francisco-Oakland Bay Bridge, as at least four other large vessels waited out the heavy fog, the Coast Guard said Thursday.

The decision of the Cosco Busan's crew and pilot to get moving despite the weather is a focus of the Coast Guard's investigation into the Nov. 7 collision that spilled 53,000 gallons of oil into the Bay's fragile ecosystem.

With visibility less than a quarter-mile, pilots and crew on the other four ships "deemed it prudent not to get under way until visibility improved," 
Rear Adm. Craig Bone, the Coast Guard commander for California, told reporters Thursday.

More at:
http://ap.google.com/article/ALeqM5iAFBygtO5mNUnjSgieRSJbAFAO6AD8VLT74O0


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## John Campbell

*Cosco Busan*

The San Francisco Chronicle says:-


(03-27) 13:36 PDT WASHINGTON -- 

The fog was so heavy the morning the Cosco Busan struck the Bay Bridge that at least four other large vessels decided to wait until it cleared, the Coast Guard said Thursday.

A preliminary assessment by the Coast Guard of the causes of the crash concludes that the decision of those in charge of the container ship to set sail in dense fog played a key role in the Nov. 7 accident, which spilled 53,000 gallons of fuel oil into the bay, fouling miles of Bay Area and ocean shoreline and killing thousands of birds.

"Pretty clearly, this vessel got under way in fog (when there) was less than a quarter-mile of visibility," Rear Adm. Craig Bone, the service's top commander in California, said at a briefing in Washington.

"There were other deep-draft vessels also scheduled to depart that day where the vessel master, crew and other individuals involved in that decision deemed it prudent to not get under way until visibility improved," Bone said.

To prevent a repeat of the Cosco Busan crash, the Coast Guard has restricted vessels weighing more than 1,600 gross tons - such as tankers, large cargo vessels and cruise ships - from sailing on the bay when visibility is less than half a mile.

The rules will apply to nine areas - including those near the Bay Bridge, the San Mateo Bridge and the Richmond-San Rafael Bridge - where navigation could be particularly dangerous in the fog.

Bone said investigators from the Coast Guard, the National Transportation Safety Board and other agencies have found no evidence that any mechanical or systems failures on the Cosco Busan contributed to the crash.

"Human error is the dominant factor involved," he said.

The Coast Guard showed video from the agency's vessel traffic service cameras on Yerba Buena Island taken the morning of the accident. The cameras, one pointing toward Oakland and the other toward San Francisco, showed a thick wall of fog.

"There was discussion by individuals (on several vessels around the bay) to the fact that they couldn't even see the bow of the ship," Bone said.

The Coast Guard said the decision to sail would have been made by the master of the Cosco Busan and the ship's pilot, Capt. John Cota, who has pleaded not guilty to misdemeanor violations of the federal Clean Water Act and Migratory Bird Treaty Act in connection with the spill. 

Bone said representatives of a ship's owner are sometimes involved in sailing decisions, although it's not yet clear whether the Cosco Busan's owner was consulted before the 901-foot ship left port.

The Coast Guard report also suggests that Cota and the ship's master, Capt. Mao Cai Sun, made other errors as they steered the ship out of the Port of Oakland and toward the bridge. 

Investigators are looking at the speed of the vessel, which struck the second tower west of Yerba Buena at about 10 knots, or 11.5 mph, Coast Guard officials said. The agency's charts show the vessel took a very wide turn heading into the bridge, despite receiving guidance from a Coast Guard vessel traffic service operator indicating that the ship appeared to be off course.

"If you're going to get under way in conditions like this, the rules of the road basically give guidance on additional caution and prudence" regarding speed and other navigational issues, Bone said.

The Coast Guard also made public an audiotape of conversations between the vessel traffic service and Cota before the ship hit the bridge. The tape confirms that an operator questioned Cota as he appeared to be heading toward the span, saying, "What are your intentions?"

"I'm coming around. I'm steering 280 right now," Cota said, suggesting he was trying to turn to pass beneath the bridge.

"Roger, then you still intend the Delta-Echo span?" the operator said, seeking to confirm that Cota was still heading between the two towers closest to Yerba Buena on the west side of the island.

The operator did not give specific advice on where Cota or the ship's master should steer. Moments later, Cota came back on the radio to alert the operator the vessel had struck the bridge. "Traffic, we just touched the Delta span," said the 27-year veteran pilot.

Cota's attorney, Jeff Bornstein, could not be reached for comment Thursday.



-- That foggy day: The Coast Guard shot video the morning of the Cosco Busan crash from two cameras on Yerba Buena Island, one pointing toward Oakland and the other toward San Francisco. The video can be viewed at: sfgate.com/ZCVM and sfgate.com/ZCVN.


New rules for fog 
To prevent a repeat of the Cosco Busan accident, the Coast Guard now bars ships weighing more than 1,600 gross tons from sailing when visibility is less than half a mile in nine areas of the bay:

-- Redwood Creek, near the Port of Redwood City 

-- San Mateo Bridge 

-- Oakland Bar Channel, near the Bay Bridge and Yerba Buena Island 

-- Islais Creek Channel off San Francisco 

-- Richmond Inner Harbor 

-- Richmond-San Rafael Bridge, East Span 

-- Union Pacific Bridge, in the Carquinez Strait 

-- New York Slough, at the mouth of the Sacramento-San Joaquin River Delta. 

-- Rio Vista Lift Bridge 

JC


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## Pat Kennedy

This reminds me of an incident in the early 1960s. I was coasting on an Ellerman Papayanni ship, the Patrician, and declined the offer to go deep sea. The next I heard she had sunk in the Straits of Gibralter.
A couple of months later, I was in the Florian, (same company), and one of the deck crew had been on the Patrician when she sank.
His story was that they entered thin fog in the midnight-4 watch and the second mate slowed the ship and called the captain. He stayed on the bridge for a while and then went back to his cabin.
When the fog started to thicken, the 2nd mate switched on the radar.
the rotating scanner had a loud squeak, and apparently this captain disliked radar and had left standing orders it was not to be used without his permission, and he called the bridge and instructed the 2nd mate to turn it off.
Shortly after that the ship was in collision with an American freighter and sank. The captain and radio officer went down with her.
I never saw the result of any enquiry, but find it difficult to believe that this could have happened the way it was described to me. I can't see any ship's master being so irresponsible.
Does anybody out there know the true story of this incident?


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## bobajobbob

*Patrician*

Pat 
What you heard from the deck hand was true,
The Chief Eng had been sunk 3 times during the war and he was absolutely one of the best Chiefs I sailed with.What I remember of that night was that at about 2am there was an almighty bang,rushing into the alleyway the chief was up also the 2nd eng and then the 3rd came out of the eng room and said he was sorry that the lights had gone out. the next thing was that the lifeboat bell went off there was a bit of kayos as people had to change as we were in pajamas, then up onto the boat deck and there was this ship in there starboard side ( you find Americans allover the world and we found them at 2am in the side of us).The next thing was man the lifeboats we had no idea the ship was sinking even at this time.The chief steward came on deck and wanted a torch as he wanted to check to see if anybody was trapped I had one and him and I went to get it and we checked and nobody was trapped. 
Going back on deck the life boats where being launched ( we could only use the port side boats) I jumped in and no seat as the boat was entering the water somebody said look at that and the monkey island was under the water 
the next thing was we let go of the ship and as we pulled away our lifeboat suddenly emptied we where jumping into the water.What I found out after the ships mast turned in the water and was heading for the life boat,as being one of the last out of the lifeboat and being very close to the ship I thought this is it I put my head in the water and my next breath she was gone there was no suction she just slid under. We all got on board the American ship and a crew check that was when we found out the Captain ,1st officer and the radio officer.had gone with the ship I was told that the 1st Officer had gone back for the Captain and the radio officer was sending out a distress signal.
I hope this helps you in the story of the Patrician 
Bob


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## Pat Kennedy

Bob, 
Thanks for that. the lad who told me the tale was deck boy on her, and he was so traumatised that he always put his life jacket on when he turned in.
She was a handy little ship the Patrician, and I would have gone deepsea in her but for the fact that our accomodation on the poop was directly above the steering flat, and every time the wheel was turned, this steam driven monster would virtually shake you out of your bunk
Pat


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## JimC

Legal-eagle stuff. The point is that at this time the Pilot has only been charged with the offence. US law, like lots of other countries laws, state that the Defendant is innocent until guilty. Granted there must have been sufficient evidence for the case to proceed to trial. However there is without doubt, a great deal of money involved and legal points to be scored. No doubt politicians will get in on the act and the 'Green' lobby will be screaming for blood.
Precedence in other US cases has it that whoever can bring up the biggest legal (expensive) guns will have the best chance of winning. Given the political angle; it might be that a showcase will result. Hope not for the poor bugger who has to sit in front of all these smart asses. Obviously someone made a 'boo-boo'. Remind me - did they say how the oil got onto the water?


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## Amanita

*What's up with Cosco Busan?*

Anyone remember the sad saga of the Cosco Busan? The container ship which sideswiped the Bay Bridge of San Francisco 

I've seen recent updates on the legal aspects of this event- the NTSB is holding hearings soon, and the pilot's up on charges. 
But what's happened to the ship? Is she still undergoing repairs? Resumed service? I'm curious, big time.

I know quite a few citizens of San Francisco wanted her stern on a plate, but it's not the ship's fault for what happened.


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## Steve Woodward

Amanita I have ammended your terminology of the pilot - nothing has been proved in court yet, and until it is proved a statement along those lines could be seen as libellous
Steve


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## Amanita

Sorry about that.
If anyone's interested in the NTSB hearings, they will be posting the goods on www.NTSB.gov- unless they postpone for some reason, the hearing will be on April 8, and I think it's going to be webcast. 
Details here:
http://www.ntsb.gov/Pressrel/2008/080306.html

As for the harbour pilot, www.sfgate.com has been following this whole sad saga, I'm sure they will be reporting details of the criminal proceedings.

Now, if only I knew where to find info on the ship herself..I saw the footage of her leaving San Francisco, and have heard reports of her heading to either China, or Korea. After that, I have no clue.


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## exsailor

Vessel does not show on Cosco fleet list updated 3/2008. Typing 'Cosco Busan' in their search box brings up a nil result. Makes one wonder if they renamed her - no info in Miramar Index.

Dennis.


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## John Gurton

she's now the Hanjin Venezia


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## Amanita

I checked the Hanjin website, and sure enough, she's got a whole new name and schedule. Nowhere near San Fran, which is kind of a shame. I'm planning a visit there, and it would be kind of cool if she were in port then. Oh well, I guess if I want to see her in person, I'll have to visit Shanghai or Rotterdam.

I wonder how long it took to fix the damage she recieved in San Francisco?


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## Amanita

How did the oil get into the water?
Apparently one of the Busan's fuel tanks was ruptured in the collision, causing fuel oil to spill out through the gash in her side.

To anyone who's interested, there will be details of the hearing on the NTSB website at www.ntsb.gov.
The hearing's scheduled to begin on april 8.

You talk of screaming for blood? I read the comments on some San Francisco message boards, and there were many people calling for Cosco Busan's stern on a plate- no wonder they had to change her name!
At least one group of people were planning to give her a farewell party by going out onto the Golden Gate Bridge and hurling eggs as she passed beneath. Luckily for them, they did not follow through on their idiotic scheme- Throwing things off of toll bridges in California is a misdemeanor, apparently.
As if the ship had somehow steered herself into the bridge on purpose! People in their anger forgot that it was flesh and blood humans at the controls that morning.


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## Amanita

Here's a couple more updates for anyone who's interested:

Pilot places blame on others for spill:

http://www.insidebayarea.com/ci_8821991?source=rss

Pilot back in court

http://www.nbc11.com/news/15793796/detail.html?rss=bay&psp=news

These articles are the first time I've actually seen a picture of this fellow- I guess up until now he's been in hiding.


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## D.Miller

This was published in yesterdays Fairplay. The Pilots choice to use electronic charting instead of the radar in fog thick enough to warrent port closure seems an interesting one. Maybe he is wise to take the fifth amendment.[=P] No mention of where the ship is though

_



Fog blamed at Cosco Busan inquiry
FOG in San Francisco Bay was so thick when the Cosco Busan incident occurred that ports in any other part of the world would have been closed, says a statement by the ship's master. Captain Mao Cai Sun told investigators after the incident in which the ship hit a bridge, spilling 200 tonnes of oil, that pilot John Cota stopped using the radar and relied on an electronic chart viewer to navigate under the Bay Bridge, said news reports. Cota has been charged with environmental crimes and his licence suspended. Crew members said the ship was travelling too fast, said the reports. Cota’s lawyer said the US Coast Guard should have sent a fog warning to the ship and done more to warn about the collision. The lawyer says Cota will invoke the fifth amendment and refuse to testify at a National Transport Safety Board hearing in Washington.
Lloyd's Register - Fairplay web links

Click to expand...

_David


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## jimmys

*Pilotage*

As I have already said the pilots are the easy group to get to due to their onshore base.

We are now seeing this. 


regards


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## Guest

jimmys said:


> As I have already said the pilots are the easy group to get to due to their onshore base.
> 
> regards


Very true.... easy target regardless of who was or wasn't at fault.(Smoke)


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## Bruce Carson

NTSB Hearing conclusons:
http://www.nytimes.com/aponline/us/AP-Bay-Spill.html?_r=1&oref=slogin


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## surfaceblow

Transcripts of a voice data recorder on the navigating bridge of the container ship Cosco Busan

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/08/BANE101UBM.DTL


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## John Gurton

23rd April, Safety at Sea
New charges for Captain Cota
LEGAL problems are mounting for the pilot who was on the bridge of the Cosco Busan when it collided with a bridge in San Francisco Bay, as the government has filed new felony charges against him.
The new charges do not stem directly from the mishap but from allegations that he lied on his annual medical statements to the USCG concerning medications he was taking. Lawyers for Capt John Cota filed a motion in US District Court yesterday asking that detained witnesses – including the vessel’s captain and bridge crew – be compelled to appear at Cota’s trial or, failing that, that the witnesses be 'deposed' (i.e. be asked formally to appear) before being allowed to leave the country.
Cota already faces misdemeanor charges of allegedly negligently spilling oil and causing the deaths of migratory birds. His attorneys had asked for a speedy trial on those charges and the trial had been set for 27 May – but they have now asked that date be postponed because of the expected new, and far more serious, charges.
Cosco Busan Capt Mao Cai Sun and crewmen Shun Biao Zhao, Kong Xiang Hu and Zong Bin Li, all material witnesses in the Cota case, have asked to be allowed to leave the country by 31 May. The maximum penalty for the “false statement” charges is five years' imprisonment and a $250,000 criminal fine on each count.
10:20 23 Apr


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## John Campbell

The saga of the Cosco Busan contiues and today's *Safety at sea International reports that:-*
FLEET Management, manager of Cosco Busan when the box ship crashed into a San Francisco Bay bridge in November, has been indicted on six felony counts of filing false do***ents in trying to cover up negligence. The ship, headed from Oakland to the Far East, spilled 166 tonnes of bunker fuel. The charges could carry $3M or more in fines. The US Department of Justice charged on Wednesday that the company compelled ship officers and shoreside personnel to fabricate do***ents, including a fictitious passage plan for 7 November 2007, the day of the crash, as well as two prior voyages made after Fleet assumed management of the vessel in October 2007. “Fleet’s safety procedures, required by US law, mandated berth-to-berth passage plans for each voyage," the DoJ said. "However, according to the indictment, Fleet created falsified plans after the crash and concealed and covered up the real ship records.” The grand jury’s indictment also charges Fleet with misdemeanours of violating the Clean Water Act and the Migratory Bird Treaty Act. The maximum penalty for the six alleged felony obstruction and false statements offences is a criminal fine of $500,000 per count, or twice the gross gain or loss caused by the offence. The maximum penalty for a misdemeanour violation of the CWA is $200,000, or twice the gross gain or loss caused, and the maximum penalty for a Migratory Bird Act violation is a $10,000 fine, or twice the gross gain or loss caused by the offence. 
JC


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## kewl dude

*Bay Bridge abutment Cosco Busan hit*

I got this picture off a Bay Area website days after the allision.
Greg Hayden


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## Amanita

That looks pretty nasty. However, it's just the bridge's protective fendering which has been torn off here. The actual structure of the bridge is undamaged- the fenders are sacrificial, I am sure of it.

Overall, that is one lucky bridge. Had the Busan rammed it head-on, it could have been much worse. The bridge could have incurred crippling damage, and the Busan could have ended up as a total loss.

Anyone know how long the Busan was down for repairs once she reached the repair yard the permenant fix was done at?


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## kewl dude

*bridge's protective fendering*

"bridge's protective fendering which has been torn off"

Correct. But the picture was taken so that you can see on the left side how thick that
protective fendering is.

The Busan 'side-swiped' this about midships.

Greg Hayden


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## Amanita

I've seen the pictures of the Busan afterward with that terrible gash in her side.
What a mess, it must have taken a long time to fix


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## John Campbell

Safety at Sea International today reports on the Pilot blamed in SF bridge crash
24 Oct 2008 
SF Bay Bridge and Cosco Busan
CALIFORNIA investigators have ruled that the pilot on the Cosco Busan, which hit a San Francisco Bay Bridge pier in November last year, was to blame for the accident. CALIFORNIA investigators have ruled that the pilot on the Cosco Busan, which hit a San Francisco Bay Bridge pier in November last year, was to blame for the accident. 

In an 18-page report released yesterday, the State Board of Pilot Commissioners said John Cota made seven errors, the most serious being sailing in heavy fog. The collision caused a huge spill of fuel oil. 

He also failed to understand the electronic charts on the ship, did not communicate well with the Cosco Busan's Chinese officers and crew, steamed too fast in the fog and "failed to exercise sound judgment" when he had problems with the ship's radar. 

The commission can take no action against Cota because he has already surrendered his licence and retired. He faces federal criminal charges of polluting the bay and lying to authorities about his medical history.

regards JC


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## John Campbell

Daily News via Safety at Sea International
Crew marooned in SF bridge case
06 Nov 2008 

SF Bay BridgeSIX CREWMEN from Cosco Busan are still stuck today in the US, a year after their box ship hit a San Francisco Bay Bridge support pier and spilled 50,000 gallons of fuel oil. SIX CREWMEN from Cosco Busan are still stuck today in the US, a year after their box ship hit a San Francisco Bay Bridge support pier and spilled 50,000 gallons of fuel oil. 

They are living rent free in hotels and apartments, rather than jail, but federal authorities are detaining them as material witnesses and will not let the six return to their native China, the Associated Press has reported. 

They are expected to testify in a criminal case against the pilot and the vessel’s operator, Fleet Management; the trial is scheduled for April. The spill fouled beaches in and outside of the bay and killed thousands of birds. 

The men are still being paid as seafarers and also receive $1,200 per month in witness fees. "They are unhappily detained," Douglas Schwartz, a lawyer representing the ship's captain Mao Cai Sun, told the AP, which added that one man's wedding had to be delayed. 

A spokesman for the Chinese consulate in San Francisco said: "Some of them are going to school to learn English." 

The government has agreed to let some crew evidence be videotaped in the casualty, which took place on 7 November 2007. She ship had left Oakland for an Asia Pacific transit when it hit the pier in heavy fog.


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## John Campbell

Here is the latest on this case
from the the FREE WEEKLY Safety at Sea email newsletter

Pilot mostly blamed for bridge crash
19 Feb 2009 
Cosco Busan and SF Bay Bridge
THE PILOT of Cosco Busan has drawn harshest rebuke from the National Transportation Safety Board, but there was still plenty of blame to go around. THE PILOT of Cosco Busan has drawn harshest rebuke from the National Transportation Safety Board, but there was still plenty of blame to go around. 

During its 10.5-hour meeting yesterday, board members pondered every possible cause – both direct and indirect – before assigning primary blame to Captain John Cota for the box ship’s November 2007 collision with a San Francisco Bay Bridge pier. 

The board also pointed to poor communication between Cota and the ship's captain and the master’s inattentiveness on the bridge. The collision spilled 177 tonnes of bunker fuel into the bay, which polluted the Pacific coast outside the Golden Gate as well as bay shores. 

Board member Debbie Hersman tried to direct some blame at the Vessel Traffic Service for failing to warn the ship away from the foggy bridge passage off Oakland, but that attempt was defeated. Hersman cast the lone nay vote on the overall report and said she would probably issue a dissenting report. 

Another member, Robert Sumwalt, sought to lay greater blame at the feet of vessel manager Fleet Management for failing to train the crew better, but that was also turned back by the majority. 

In the end, it was Cota’s addition to alcohol and prescription drugs, his overall medical condition, his failure to disclose his full medical history to the US Coast Guard that dominated the report. Cota has surrendered his master’s license and faces a criminal trial next month.

JC


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## shamrock

*Cosco Busan accident : Oil Spill Ship's Firm Loses Appeal, Could Face $50m Fine*

This is another accident where litigation seems to have dragged out for a while...

http://www.foxreno.com/news/19898175/detail.html



> SAN FRANCISCO -- A federal appeals court in San Francisco Monday turned down a ship management company's bid to be shielded from a fine of up to $40 million if it is convicted of polluting the San Francisco Bay in a 2007 oil spill.
> 
> The 9th U.S. Circuit Court of Appeals said in a brief order that Hong Kong-based Fleet Management Ltd. "has not demonstrated that this case warrants the intervention of this court" by means of an emergency appeal.
> 
> The appellate court's action leaves Fleet Management on track for a Sept. 14 federal trial in San Francisco on the water pollution charge as well as seven other charges stemming from a 2007 oil spill from a container ship.
> 
> Fleet Management was operating the Cosco Busan at the time the ship hit a fender of the Bay Bridge in heavy fog on Nov. 7, 2007, and spilled 53,000 gallons of heavy fuel oil into the Bay. ....cont./...


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## shamrock

*Cosco Busan - oil-spill captain seeks minimum sentence*



> A Petaluma captain in charge of guiding the Cosco Busan out of San Francisco Bay last year will make history today when he’s sentenced to prison time for negligently causing an accident that dumped thousands of gallons of fuel into the water.
> 
> Cota, 61, faces two to 10 months in federal prison under a deal in which he pleaded guilty to misdemeanor charges that he negligently caused an oil spill that killed protected birds and polluted waterways. He will also be fined.
> 
> The accident occurred in heavy morning fog Nov. 7, 2007, after Cota became disoriented while navigating the South Korea-bound container ship out of the Port of Oakland.
> 
> ...cont../..


http://www.sfexaminer.com/local/Bay-oil-spill-captain-seeks-minimum-sentence-51000472.html


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## shamrock

Sentence update - pilot imprisoned for 10 months..

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/18/BACO18R0SL.DTL



> (07-17) 16:35 PDT SAN FRANCISCO -- A federal judge sentenced a veteran ship's pilot to 10 months in prison Friday for the 2007 Cosco Busan oil spill in the bay, saying his carelessness was exactly what Congress intended to punish when it toughened maritime laws after the Exxon Valdez disaster.
> 
> U.S. District Judge Susan Illston in San Francisco imposed the maximum term proposed in the plea agreement that Capt. John Cota accepted in March when he admitted to two misdemeanor charges of polluting the waters and killing migratory seabirds by running the container ship into the Bay Bridge.
> 
> Cota, 61, of Petaluma, is the first ship's pilot in U.S. history to be sent to prison for an accident, said his lawyer, Jeffrey Bornstein. He argued for a two-month sentence, the low end of the plea agreement, saying Cota accepted responsibility for the accident but that many others were also to blame.
> 
> "This was a tragedy with a lot of authors," Illston agreed, "but Capt. Cota was right in the middle."
> 
> ...cont../..


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## Billieboy

Maybe this will cut the number of cases of, "Pilot Error"? At least he isn't being beheaded over the windlass!


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## shamrock

Update...



> SAN FRANCISCO -- In an unusual move, a lawyer for a pilot in a 2007 oil spill asked a federal judge in San Francisco Thursday to reconsider the pilot's 10-month sentence because of an alleged "clear error" in sentencing.
> 
> ...cont../..


http://www.ktvu.com/news/20162623/detail.html


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## shamrock

Further update..

http://www.ktvu.com/news/20209266/detail.html



> SAN FRANCISCO -- A federal judge has turned down a bid by a pilot in a 2007 oil spill in the San Francisco Bay for a reduction of his 10-month sentence for two misdemeanor environmental crimes.
> 
> U.S. District Susan Illston said in a brief order that she believes the sentence for John Cota, 61, of Petaluma, was "appropriate" and that his negligent conduct "appears to be precisely the type Congress intended to penalize."
> 
> ...cont../..


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## shamrock

Management company Fleet Management fined $10m for it's part in Cosco Busan accident...

http://www.seatradeasia-online.com/News/4497.html



> San Francisco: Fleet Management, the Hong Kong shipmanagement subsidiary of the Noble Group, that operated the Cosco Busan, a ship that hit the Bay Bridge in San Francisco in 2007, has agreed to a $10 million criminal penalty as part of a settlement with the government.
> 
> The Cosco Busan struck a tower of the Bay Bridge connecting San Francisco and Oakland on November 7, 2007, spilling some 50,000 gallons of fuel oil into the bay.
> 
> On Thursday, the Department of Justice said, the firm pled guilty to felony obstruction of justice in a deal with federal prosecutors. If a judge approves the plea agreement, the firm will pay a total penalty of $10 million, some $2 million of which would go toward environmental projects around the bay.
> 
> ...cont../..


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