1) The master of the Chu Hai had little experience navigating the Kanmon Channel and did not accurately grasp his own vessel's position;
2) As the Chu Hai sailed under the Kanmon Bridge heading westward, its master - who was unaware that eastward-bound vessels are required to sail with showing their starboard sides until changing her course at the sharp bend in the narrows between Shimonoseki's Misakinocho Pier and Kitakyushu's Shiraki-Saki - failed to understand that each vessel should proceed along the right side of the channel, therefore both vessels could pass by with facing their port sides toward each other;
3) The master of the Chu Hai failed to watch regular VHF-frequency radio telephony while within the area where the Kanmon Kaikyo Traffic Advisory Service was available and thus did not receive emergency warnings.
Although the failure of the Asian Hibiscus to sound a warning signal, despite questioning the movements of the Chu Hai, contributed to the collision, the fact that the Asian Hibiscus did not take steps to avoid the collision cannot be considered a cause because there was insufficient time or room for the Asian Hibiscus to maneuver out of the way once it became apparent that the Chu Hai would not alter its position, but rather would remain on an opposing course.
Cause
The collision of the Asian Hibiscus and the Chu Hai is attributable to the fact that at the time the two vessels encountered each other, which was at night, the westward-bound Chu Hai was not proceeding along the right side of the lane. The failure of the eastward-bound Asian Hibiscus to sound a warning signal was also a contributing factor in this accident
■ Capsizing of the chemical tanker Shoei Maru
Judgment pronounced on May 28, 1999; Kobe Local Marine Accidents Inquiry Agency
Date and time of occurrence: April 28, 1997; 0940 hours
Place of occurrence: Port of Kobe
Damage/fatalities and injuries: Damage to vessel; two crew fatalities
Summary of facts
The Shoei Maru, a 198-ton chemical tanker with four crew members, departed the port of Kobe carrying 417 tons of liquid refined glycerin, bound for the Sakai-Senboku quarter of the port of Osaka. En route, the Shoei Maru steered hard to starboard without reducing speed to avoid colliding with another vessel in front of it. The vessel then immediately wrenched its rudder hard to port, causing it to make sharp starboard list, lose stability and capsize.
Key points of the judgment
Designated persons concerned in the marine accident
Shipyard where the Shoei Maru was built
Owner of the Shoei Maru
Designer of the Shoei Maru
