OP-ED: A Need for Changes in Cruise Vessel Laws in Light of the Costa Concordia Disaster
By Captain Bill Doherty, Director of Maritime Relations, Nexus Consulting
On January 13, 2012 the Italian-flag cruise ship MV Costa Concordia stranded and capsized off the Italian island of Giglio. At least thirty-two lives (almost all of them passengers) were lost. None of the lives appear to have been lost during the stranding but occurred at least one hour later when the ship capsized.
Almost no communication or distress signal was sent from the ship until local authorities were alerted to a problem through cell phone conversations between passengers and their family members ashore. The Master downplayed and transmitted false and misleading information to rescue authorities until the situation became unmanageable and lives were lost.
No alarms, or passenger evacuation was conducted in a timely manner, and passengers were given false accounts of the extent of the damage and ordered to return to their cabin rather than assemble at the Abandon Ship stations. The Master and senior officers abandoned the ship and the passengers in the first lifeboat, leaving passengers and crew aboard to fend for themselves. The Master and ship’s crew refused to cooperate with local rescue authorities, and there was no muster or accounting for how many souls were left aboard to be rescued.
The limited resources of the local Search and Rescue (SAR) units were overwhelmed and unable to effect an expedient and effective rescue, causing the loss of life of many. No unified command structure was in place, which would have brought maximum resources to bear on rescuing trapped souls aboard the ship. Rescue efforts transformed too quickly to recovery efforts due to lack of resources, information and effective use of a Unified Command structure. Obviously there is a need to insure through proper legislation that no such tragedy ever occurs again, affecting not only US citizens but passengers around the world.
The Cruise Vessel Security and Safety Act of 2010
H.R. 3360: The Cruise Vessel Security and Safety Act of 2010 was a well-intentioned and good piece of legislation, but shortfalls in enforcement, financing and prosecution require amendments. The act lacks strict criminal penalties and addresses individual crimes against cruise vessel passengers. It does not address or provide strong penalties or criminal sentencing for the reckless abandonment demonstrated in the MV Costa Concordia disaster.
The proposed amendments to the Cruise Vessel Security and Safety Act of 2010 would provide additional protection to US citizens booking passage on any foreign cruise vessels through any ticketing agency in the United States and to all travelers aboard cruise ships calling on any United States port during any segment of their itinerary.
In summary, the amendments proposed by Nexus Consulting Group would:
1. Require development and implantation of a Passenger Distress Signal System (PDS).
2. Require affirmative port authority documentation, which will require a Captain to verify and report that pre-departure Musters and Evacuation Training has been conducted for all embarked passengers and crew, prior to a ship’s leaving port.
3. Expand the mandatory alcohol/drug testing procedure for post-incidents to put the onus on the Master and all persons who were or should have been involved in any actions surrounding the incident to be available for timely testing. If a Master does not present him/herself immediately to authorities, the Master will lose his/her license until reviewed, refusal to submit implying presumption of guilt.
4. Insure greater checks and balances between the IMO, Classification Societies and Flag-States for safety, security and environmental compliance.
5. Stricter compliance and audit of International Safety Management Policies and Procedures, focusing on training, documentation, drills and oversight.
6. Mandatory psychological screening of senior personnel including all deck and engine officers and critical hotel staff on cruise ships.
7. Criminal and psychological background checks of all licensed officers, crew and key hotel/staff personnel and established standards for refusal to employ those found with certain offenses.
8. Scheduled Competency Testing and Recertification of key personnel by external agencies in ISM, IMO, Flag State regulations, procedures, and competencies, particularly regarding safety and lifesaving.
9. Universal Criminal Statutes for Masters and Crew who leave a serious incident. Minimum sentencing for reckless abandonment, causing injury or death to passengers of at least 5-10 years per death and 3-5 years for injury per passenger to be served in the United States Federal Prison system.
10. Greater interface with general public when assets are not available to governmental response entities with greater utilization of the Unified Command System to ensure a coordinated utilization of assets and assessment of needs for to ensure rescue operations don't turn into recovery operations
11. No financial limits on responsibilities (Unlimited Liability) to parties involved.
12. The proposed amendment provides funding for responses to Cruise Vessel Security and Safety Act of 2010 events provided certain criteria are met. The responsible party is liable for federal emergency rescue, response, salvage and cleanup costs and damages as detailed in Cruise Vessel Security and Safety Act of 2010. Federal agencies assisting in a response action may be reimbursed. Several other federal agencies may provide financial support for removal actions.
13. The Cruise Vessel Emergency Response Contingency Plan is the federal government's blueprint for responding to large cruise vessel emergencies. The proposed National Cruise Vessel Emergency Response Contingency Plan is the result of our country's efforts to develop a national response capability and promote overall coordination among the hierarchy of responders and contingency plans.
14. Establish and fund the Cruise Vessel Emergency Response Trust Fund.
15. Under the proposed amended Cruise Vessel Security and Safety Act of 2010, the owner or operator of a vessel on which a violation or emergency incident occurs (also known as the Responsible Party) is liable for the costs associated with the incident and any damages resulting from the incident. The USCG and FBI’s first priority is to ensure that responsible parties pay to effect effective and appropriate emergency response to their own emergency incidents. However, when the responsible party is unknown or refuses to pay, funds from the Cruise Vessel Emergency Response Trust Fund can be used to cover removal costs or damages resulting from cruise vessel emergency responses.
16. The primary source of revenue for the Cruise Vessel Emergency Response Trust Fund is a $10.00 per passenger day fee on all US citizen passengers aboard any cruise ship on which passage (tickets) were sold in the United States, and all passengers aboard all cruise ships which embark passengers in United States (or its territories) ports, whether passengers are US citizens or foreign Citizens.. Other revenue sources for the Cruise Vessel Emergency Response Trust Fund include interest on the fund, cost recovery from the parties responsible for the Cruise ship emergency incidents and any fines or civil penalties collected. The Fund is administered by the U.S. Coast Guard's Cruise Vessel Emergency Funds Center (NCVEFC).
17. Require Certificates of Financial Responsibility (COFR) for ALL cruise vessels where any part of this act applies. COFR shows the funding availability and name of Company-Qualified Individual (QI) authorized to disburse funds by responsible party(ies).
18. The Fund can provide up to $1 billion for any one cruise vessel emergency incident and claims in connection with any single incident. The main uses of Cruise Vessel Emergency Response Trust Fund expenditures are:
- State Authority access for response actions.
- Costs incurred in emergency response.
- Payment of claims for uncompensated response and salvage costs and damages, and
- Research and development and other specific appropriations.
Captain Bill Doherty is a 1967 graduate of the Massachusetts Maritime Academy, a licensed US Coast Guard Master-Unlimited tonnage, and qualified First Class Pilot, Prince William Sound, Valdez, Alaska. Captain Doherty has served on numerous US Navy warships and was the Head of Maritime Affairs for the Chief of Naval Operations during Operation Desert Storm. Over the course of his career, he has commanded tankers, containerships, research vessels, high-speed ferries, and was an instructor at his alma mater. Before retirement, his latest position was as Safety Manager for Norwegian Cruise Lines. Captain Doherty now serves as the director of maritime relations for Nexus Consulting.