Dredge Company Charged in Boater's Death

Was to pipeline noted in the LNMs?
 
The one-sided article (and it'll probably stay a one-sided article as a lawsuit has now been filed) says the dredge and piping weren't properly marked. The navrules have rather specific marking requirements for both day and night signals for both dredge and piping.

That being said, another possibility is that the dredge / piping WERE properly marked, and the recreational boater simply didn't know/understand the markings - similar to a sad incident a few years back here in NY when a bride-to-be, her groom, and best man were transiting (at speed) in a runabout near the Tappan Zee bridge construction site at night and hit a properly marked anchored construction barge.
 
Yes the pipeline was noticed in the LNM, but Bean did not mark and light the submerged discharge pipeline as required by law. I wish I had a nickle for everyone I know that have hit dredge pipes and/or dredge equipment. Fellows, this is not some one sided civil suit looking for a payday, this is a Criminal Charge against a company and some corporate officer will most likely do hard time in a Federal Prison because of the negligence.

18 U.S. Code § 1115 - Misconduct or neglect of ship officers

Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be fined under this title or imprisoned not more than ten years, or both.

(June 25, 1948, ch. 645, 62 Stat. 757; Pub. L. 103–322, title XXXIII, §#8239;330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
 
Back
Top