Maritime Attorney Helps Captain Avoid S&R Proceedings

Late one night, a towboat was pushing two loaded barges on a high and fast-moving river. The towboat's captain made two decisions that evening, which put his career and USCG license in jeopardy.

First, he decided to head out using only polypropylene lines to secure the barges for the short, but extremely challenging, trip. Second, the mariner decided to pass ahead of another up-bound tow while crossing the strong current in very high-water conditions. The result was disastrous.

According to a recent Marine News article, the captain found himself struggling in the swift mid-river current while crossing the waterway to position his tow ahead of the other vessel. At the same time, the second tow maintained her course and passed the mariner. With his towboat slipping downriver behind the other craft and her barges, the pilot made an effort to turn. The river’s current, along with the second tow’s wake, however, pushed the captain and his towboat further downstream and perilously close to a large marina and its docked vessels. When his boat allided with the marina's piling, the lines between the two barges broke, sending the unmanned lead barge downriver inside the pilings causing even more damage.

The captain quickly reported the mishap to his company and they, in turn, notified the Coast Guard. After the barges were secured and the towboat was docked, the pilot contacted his USCG license insurer to report the incident. The license insurer immediately assigned the captain a maritime attorney, and suspected that he could be facing Suspension & Revocation (S&R) proceedings. His attorney helped him draft his initial statement to the USCG investigators and CG2692 Marine Casualty Report. When the captain was informed that he must attend a formal interview to discuss the incident with the USCG, his attorney helped him prepare for, and then accompanied him to, the crucial interview.

At the USCG meeting, investigators harshly criticized the captain’s decisions to attempt a river passing maneuver at night in such fast-moving water, and use only polypropylene lines instead of steel wire and ratchets to secure the barges. The investigators strongly suggested the mariner’s actions warranted negligence charges and significant penalties.

Acknowledging where this was heading, the seasoned maritime attorney met with Coast Guard investigators about the possibility of a settlement. At that point, the USCG was seeking an outright suspension of the captain’s license for at least six months. However, after speaking with the man’s attorney, investigators settled on a two-month license suspension with an additional four months of probation. The captain was also mandated to complete a Bridge Team Management course before his license would be reinstated.

In light of the severe terms the USCG initially considered, and realizing that S&R proceedings would surely leave him in a much worse situation, the captain agreed to the terms of the settlement offer. Without the guidance of his maritime attorney, the mariner would have more than likely lost his USCG license for the full six-month duration, and suffered irreparable damage to his career and his reputation.

Since 1935, MOPS has protected the licenses and livelihoods of more than 80,000 deck and engineering officers, state and federal pilots and certified tankermen.  

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