By Kiley Sampson and K. Joseph Spears
On January 27 2017, Mr. Justice Shawn Harrington of the Federal Court handed down an interesting decision that examined potential liability of the government of Canada involving the grounding of adventure cruise vessel M/V Clipper Adventurer which ran aground on an “uncharted rock” in Coronation Gulf in the Canadian Arctic on August 27, 2010. Before his appointment to the bench, the judge was an experienced admiralty law practitioner. This article will examine both the findings of the Transportation Safety Board of Canada (TSB) and the Federal Court decision with respect to liability of the vessel owner. The grounding, and the subsequent TSB Marine Investigation and Federal Court decision are of interest to students of Arctic shipping. The grounding provides an insight into issues with respect to government of Canada’s obligations to provide Arctic shipping infrastructure and hydrographic charting, and the liability of vessel owners. It has been said that litigation is “an expensive way to learn.” This was a costly learning lesson.
By Alex Lennane
If Amazon really wants to be taken seriously in the transport industry, it is going to have to learn – and teach – the regulations on the shipment of dangerous goods. Last week the UK’s CAA fined it £65,000 for attempting to fly lithium-ion batteries and flammable aerosols. Amazon’s lawyer argued that the court should have some perspective, as the cargoes were merely “everyday household items”.
The fine, a drop in the ocean for the internet giant, follows similar violations outlined by the FAA in June. The FAA proposed a $350,000 fine after a chemical leaked through packaging, endangering nine UPS employees. The FAA, which claimed Amazon was not training its staff properly, said the company “has a history of violating the Hazardous Materials Regulations.” From February 2013 to September 2015, Amazon was found to have violated such regulations 24 times. Just two weeks later the FAA proposed yet another fine, of $130,000, for violating hazardous material regulations. The FAA is seeking some $1.3 million in fines from the e-tailer in total, noted Reuters.
Reprinted courtesy of The Loadstar (www.theloadstar.co.uk )
Canadian Pacific joined the Transportation Safety Board (TSB) in calling for the Minister of Transport to implement Locomotive Voice and Video Recorders (LVVR) as soon as possible. CP reiterates, however, that the true value in LVVR technology lies in shaping behaviour and preventing accidents before they happen.
Transportation Safety Board of Canada (TSB) released the report on its safety study, Expanding the use of locomotive voice and video recorders in Canada. The study looked at technology, legislative and regulatory issues, the potential safety benefits of installing recorders in locomotives, and the appropriate use of locomotive voice and video recorders (LVVR) information, among other subjects.
As one Vancouver based CIFFA member wrote, "Welcome to Canada. CBSA has become the best marketing tool for Port of Seattle." Incredible as it may seem, delays from vessel discharge to containers being called for examination are as long as six weeks and more at Canada’s busiest port. And, while the entire process appears to be broken, it also appears that the rate of examinations at Vancouver is on the rise. Importers face the consequences of six and seven week delays to their goods – reduced sales, dissatisfied customers, cancelled orders – and then are hit with exorbitant examination, storage and demurrage invoices that can be $4,000 and more per container.
By Alex Binkley
Investments and training to reduce maritime transport accidents have paid off during the last decade, but more information is needed to improve safety, says a report prepared by the Council of Canadian Academies.
The report, commissioned by the Clear Seas Centre for Responsible Marine Shipping, and a public opinion poll by Angus Reid also commissioned by the Centre, show the industry was on the right course with its safety efforts to gain public recognition of its safety.