[GSDI Legal Socioecon] Marine navigation chart case update

[Roger Longhorn]

FYI on the rejection of a claim over faulty navigation charts against 
State of Norway, from Hydro International magazine. Note especially - 
"The Court of Appeal clearly stated that the responsibility for safe 
navigation always lies with the ship's captain and navigator, and not 
with the mapping agency that provides quality-assured nautical charts."

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Rocknes Claims Appeal Dismissed

The Appeals Selection Committee of the Supreme Court in Norway has 
unanimously rejected the appeal which was filed when the State of Norway 
was earlier this year acquitted of the original NOK580 million claims of 
damages made after the Rocknes accident in 2004. Eighteen seafarers lost 
their lives and a large amount of oil was spilt along the Norwegian 
coastline when M/V Rocknes hit a shoal in the narrow Vatlestraumen 
passage near Bergen, Norway, on 19th January 2004. Cleaning costs 
amounted to more than NOK120 million.

A district court first ordered the State of Norway (i.e. the Norwegian 
Coastal Administration and the Norwegian Hydrographic Service) to pay 
close to NOK23 million in damages for having failed to include the shoal 
which the bulk carrier hit, in the Notices to Mariners published by the 
Norwegian Hydrographic Service.

The reason for not publishing the shoal of 9.4 metre was its proximity 
to the existing danger line in Norwegian Chart number 21 from 1941, in 
addition to its location within the red sector of Hilleren lighthouse. 
The new chart number 21, with depth contour lines instead of danger 
lines, was published and distributed in 2003.

In January 2011, the verdict was overturned by the Court of Appeal, 
which stated that the accident was most likely caused by navigational 
error by the ship's crew.

To sail a ship the size of Rocknes through this narrow passage is 
demanding under normal conditions. Limited visibility from the 
navigation bridge of the ship, strong currents and stability problems 
made for an even more demanding situation and therefore required very 
thorough planning and monitoring.

The Court of Appeal clearly stated that the responsibility for safe 
navigation always lies with the ship's captain and navigator, and not 
with the mapping agency that provides quality-assured nautical charts.

The shipping company and several insurance companies appealed the case, 
but now the Appeals Selection Committee of the Supreme Court has ruled 
that the verdict from the Court of Appeal stands.

This outcome finalises a 7,5 year long judicial process that has 
demanded enormous resources from the Norwegian Hydrographic Service. 
"Though we shall never forget that eighteen lives were lost at sea, we 
are relieved to have this final verdict", says director of the Norwegian 
Hydrographic Service, Evert Flier.

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Kind regards

Roger
ral at alum.mit.edu