The Federal Bureau of Investigation (FBI) has launched a criminal inquiry into the collapse of Baltimore’s Francis Scott Key Bridge.
According to reports, citing two US officials familiar with the matter, the probe will look into the circumstances leading up to the collapse and if all federal regulations were followed.
“The FBI is present aboard the cargo ship Dali conducting court authorized law enforcement activity,” the agency said in a statement Monday.
The investigation is separate from the one by the National Transportation Safety Board targeting Dali’s electrical power system. Dali’s voyager data recorder showed power failed for just one minute and three seconds as it approached the bridge, and that the lead pilot tried to swing the 300 m long vessel clear of a collision by dropping its port anchor to pivot it away.
The FBI probe is reportedly focused on whether the ship’s crew knew there were mechanical or electrical issues aboard the Dali before it left the port and took the bridge down on March 26, sending six members of a roadwork crew plunging to their deaths.
Divers have recovered three bodies from the underwater wreckage, while the remaining three victims are still unaccounted for.
Why? Can’t they just wait for the NTSB report first? Will they also investigate what US authorities did or didn’t do as well?
They obviously ‘smell a rat’. If she did sail with known generator problems, and the Master did not notify the pilot, then somebody has to swing for it. There were reported generator problems while alongside.
Source of “reported generator problems while alongside”? If witness and/or documentary evidence available (e.g. SMS non-conformity reports or pre-departure generator alarm records), the FBI will likely be able to prosecute Master/Ch. Eng./owners and City of Baltimore’s just appointed lawyers will happily – for their client – be able to defeat the owner’s ‘no fault’ petition to limit liability under US law to about USD 43 million.
Why the FBI investigation? Well, six people died and it is not the NTSB’s prescribed job to find fault or assess potential criminal negligence As for the culpability of Port of Baltimore and State authorities, the problem of ‘collapsible on one ship strike’ bridges in the US is reportedly well documented and runs to thousands. Also reported that other ports in same region had already accomplished or were planning installation of bridge support protection for similar bridges. No announcements yet seen as to what Port of Baltimore’s plans were but it seems impossible they were not aware of the high level of risk. As such, owner’s/P&I lawyers may well plead Port of Baltimore/State contributory negligence as a part of their civil claims defence.
1) Item 1 MARPOL
Quote:
Protocol I
Article II When to make reports
(1) The report shall be made when an incident involves:
(c) damage, failure or breakdown of a ship of 15 metres in length or above which:
(i) affects the safety of the ship; including but not limited to collision, grounding, fire, explosion, structural failure, flooding and cargo shifting; or
(ii) results in impairment of the safety of navigation; including but not limited to, failure or
breakdown of steering gear, propulsion plant, electrical generating system, and essential
shipborne navigational aids. END QUOTE
Item 2) American P&I Club – Guide : Welcome to USA guide
QUOTE:
subject : Notice of hazardous condition
Summary : if there is a “hazardous condition” on board a vessel or caused by a vessel, the owner, agent, operator, or person in charge must immediately report it to the nearest USCG Sector Office or Group Office.
Other relevant guidance/references:
The regulation does not specify what a notice of hazardous condition should contain. However, it is best practice to provide minimum information as to the vessel’s name, location, time, date, parties involved, nature of hazardous condition, name of USCG personnel who have been spoken with and means by which notice was provided, including phone number, etc., as applicable. END QUOTE
Collection of evidence is a must . Best wire yourself better then 007.(author rem)
Other:
QUOTE ; Vessel Notice of Arrival or Departure (NOAD
Summary:
For vessels entering US waters, as per the United States 33 CFR Part 160, Subpart C, US
and foreign vessels bound for the US must file a Notice of Arrival/Departure (NOAD).
As per 33 CFR 160.212: If your voyage time is 96 hours or more, then you must submit an NOA at least 96 hours before entering the port or place of destination. If your voyage time is less than 96 hours, then you must submit an NOA before departure but at least 24 hours before arriving at the port or place of destination.The NOAD must contain all of the information items specified in Table 160.206. The table may be accessed by clicking “HERE!!!!!!”
Other relevant guidances/references Further information on submitting NOADs and eNOADS can be found by clicking here. END QUOTE
What is there under “HERE” ????
” (6) Operational condition of equipment required by §164.35 of this chapter . ”
The above mentioned guide should be hot ironed on the forehead of every tech superintendent , master, cheng if they dare to venture with their ship into hostile territory like US, despite the fact , that You are VERY WELCOME
Should be enough but
Item 3)
ISM code !!!
QUOTE:ISM 5.2 – The Company should establish in the safety management system that the master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company’s assistance as may be necessary. END QUOTE
Was DPA on vacation all the time??
Above is a nice ISM manager bail out, on condition the master did not take measures HIGHLY recommended by the agent 007 what He should .
What about acting under “duress” ?? , like intensive almost debilitating commercial pressure from the Big Blue Operator?? .
Even if master reported such to his Principal “the Manager” , chances they would support him or act in anyway were minimal, as for them having a client like Big Blue as time charterer, looks fantastic on their chartering “resume” and is like being anointed by the maritime Pope . ( I have lived through experiences like that) .
But then, insurance fellow may ask the “informed ” Manager – what has happened to the old “good faith ” principle? – we should know!!!.
I do not think so , they will admit having any knowledge about anything whatsoever.
What else?
Item 4) Seaworthiness!!! .
Well leaving safe heaven ( port), knowing your ship is not in seaworthy condition is to convert yourself voluntarily from Master Mariner to Master “The criminal” . Simple as that.
In conclusion:
May be the master will not walk “the green mile” but i will bet a single malt, He has got a good chance to walk into the “hole” . Master of Zim Mexico III got one life terminated ( due to technical glitch) , here the ratio is 6: 1 .
With the current trend in criminalisation of masters and crews , the future looks bleak and do not forget there is an election year there, what reminds me of Hebei Spirit horror story. And The Mayor of Baltimore may be needs urgently another 100 mil $ . fund from Owners . Who knows?
But HR folks and crewing agents should not worry . There is still Mongolia or may be Amazon forsts, where they can find enthusiast willing to take command and be future masters.
The shipping regulator is likely to be doing their investigation as well.
I agree with you, Captain Smith someone will get their backside belted if it’s proven that they knew of the problem with the generator before the incident