On June 8, 2022, the Brest Maritime Court sentenced a yachtsman to a fine of 3,000 euros, of which 1,500 euros was suspended, for failing to follow CROSS Corsen's instructions when crossing the Ushant traffic separation scheme. Here are a few reminders of the rules and penalties involved.
How to cross a traffic separation scheme, DST?
Areas of heavy maritime traffic are prone to accidents. To limit the risks and in the wake of the Amoco Cadiz disaster, traffic separation devices (DST) have been installed to channel traffic in key sectors . There are strict rules for crossing them, if they can't be avoided. The boat must cross it perpendicularly, and under no circumstances must it go up a rail against the flow.
DST regulatory framework
RIPAM (International Regulations for Preventing Collisions at Sea) is the reference text. Its rule number 10 deals specifically with DST. As in all other situations, RIPAM rule 2 remains essential: "In interpreting and applying these Rules, due regard shall be paid to all hazards of navigation and risks of collision, as well as to any special circumstances, including the operating limitations of the vessels involved, which may require deviation from these Rules to avoid immediate danger."
In addition, article L5242-1 of the French Transport Code stipulates that seafarers must respect "special instructions from maritime prefects and orders from agents of regional operational surveillance and rescue centers and agents in charge of the navigation police, issued to implement these traffic separation schemes." The aim is to comply with the requests of CROSS agents in charge of DST control.
What are the possible penalties for boaters?
The Transport Code also sets out the penalties available in the event of infringement. The case is judged by a maritime court, made up of 3 professional magistrates and 2 professional marine assessors.
In the event of an offence, including recklessness or negligence, any captain, watch leader or other person in charge or in control of a vessel is liable to up to 2 years' imprisonment and a fine of 30,000 euros.
Case law is almost non-existent, with very few cases. Nevertheless, the judgment of June 8, 2022 adds to it. The experienced sailor, crossing under sail, had deviated from his course, sailing a short distance upstream to avoid a vessel in tow, despite exchanges with the CROSS asking him to start motoring. Without passing judgment on the marine sense of either decision, the judgment serves as a reminder that the DST crossing is an important and anything but trivial affair. Probably, the magistrates' message...
