Master Charged With Criminal COLREGS Violation for Drifting Into Bulker

The master of the bulker HL Eco has been criminally charged for a COLREGs violation after his vessel reportedly lost power and drifted into an anchored bulker. The marine casualty investigation to determine the probable cause of the casualty has not been completed, and it is believed to be the first time that a case like this has ever been brought in Australia.

On July 16, the dual-fuel LNG bulker HL Eco allided with the anchored ship YM Serenity off the busy Hay Point terminal in northeastern Australia, causing extensive damage. According to multiple social media accounts, HL Eco was preparing to anchor off Hay Point when she suffered a propulsion casualty. As she drifted, her port side struck the bow of the anchored bulker YM Serenity at low speed, damaging HL Eco's port side LNG fuel tank and tearing away YM Serenity's starboard anchor. 

LNG-fueled bulk carrier HL ECO, owned by H-Line, lost power while maneuvering to anchor and collided with the Japanese bulk carrier YM SERENITY. Footage shows the LNG fuel tank of HL ECO disintegrating upon impact. Fortunately, the empty tanks prevented an explosion. pic.twitter.com/CoyS2Z2l3C

— FocuSeaTV (@focuseatv) July 31, 2024

According to local media, Capt. Jim Woo Jun of HL Eco has been charged with a criminal violation of Marine Order 30, the Australian implementation of international collision prevention rules (COLREGs). COLREGs is extensive, and the specific violation was not discussed in court.

Capt. Jun was held briefly pending the payment of bail of US$20,000. His counsel requested an adjournment for a month for the defense to prepare for trial, according to the local Courier Mail. He is expected to return to his home country of South Korea once released. 

The prosecutor, Sam Lanskey, acknowledged that this offense had never been charged in Australia before. He said that the maximum possible penalty (if Capt. Jun is convicted) would be a fine of US$26,000.

Lanskey has previously brought successful criminal cases for small-craft fishing violations and passenger-safety violations, resulting in convictions and fines. 

Trend of criminalization

Seafarer advocates are increasingly concerned about the willingness of prosecutors to file criminal charges against mariners over unintentional marine casualties. They note that there are other, traditional ways to seek redress, like pursuing a civil suit against the shipowner and operator for monetary damages, or asking the flag state to take administrative action. 

"Accidents happen in every industry, but no others treat their workers like criminals when they do, with the implication that they deliberately set out to cause a collision, injury or spillage," warned Nautilus International in a 2019 study. "More seafarers than ever are turning away from the industry as a result, at a time when the industry is already struggling to attract new recruits."

The IMO is currently working on guidelines for prosecutors to consider when investigating and charging foreign seafarers for maritime offenses.