Power boat skipper fined $5200 after crashing into, capsizing fishing vessel

Friday, 13 April 2018

The skipper of a power boat that ran into a recreational fishing vessel, causing it to capsize trapping a crew member, has been fined $5200. 

Tide Rider skipper Jason Frost was on-board his seven metre boat with his nine-year-old-son off the coast of Waiheke Island in the Hauraki Gulf in January 2017, when he crashed it into a 5.75 metre recreational vessel, according to a statement by Maritime New Zealand.

Frost pleaded guilty to a charge under the Maritime Transport Act of operating a ship in a manner that caused unnecessary danger or risk to another person by failing to maintain a proper look out, and failing to proceed at a safe speed.

Auckland District Court Judge Patrick Treston described Frost's behaviour as 'highly reckless', and convicted and fined him $5200 and ordered him to pay victim reparations of $1700.

Frost was travelling at around 50kmh when he was apparently checking his GPS, and did not see the other vessel ahead, Maritime NZ said.

The three crew on board were drift fishing.

The power boat struck the other boat side-on at cabin level, pushing one crew member overboard on impact and causing the boat to capsize.

The skipper was only just able to free himself after his leg was trapped under the overturned boat.

The court heard a crew member of the other boat saw Tide Rider bearing down on them and alerted the skipper, but that there was not enough time to manoeuvre clear. 

Frost, along with those on other vessels nearby, came to the aid of the three men after the collision, Maritime NZ said.

The capsized vessel, bought three months earlier for $55,000, was a write-off. 

Maritime NZ northern maritime compliance manager Neil Rowarth said the collision could have easily resulted in loss of life.

'If the crew were not young men able to jump clear or brace themselves for the impact - and then swim out from under their capsized vessel - it could have easily ended in tragedy.'

'The skipper's actions put not only the other crew at risk, but also himself and his young son,' Rowarth said. 

'Skippers are responsible for the safety of all on board, and to operate the vessel safely without putting others on the water in danger.'