b'LEGAL MATTERSLEGAL MATTERS Its Time to Hang Up the Phone:Stop TextingSTEVEN E. BERS, ESQ. // PVA GENERAL COUNSELO nMarch13,2022atapproximatelywhen the vessel should have changed course.Certainly the Coast Guards Finding of Con-8:30 p.m., the Hong Kong flag con- When the oversight was recognized, it was toocern in the grounding of the Ever Forward, tainer ship Ever Forward, a 1095-footlate to change course as the vessel left the chan- findsequalrelevanceinthepassengervessel container ship, on route from Baltimore, Md.nel. As no surprise, the Coast Guard report,industry. Particular note should be made of to Norfolk, Va., ran aground in the Chesapeakeissued Dec.1, 2022, contained a Finding ofthe reports word selectionreference to fix-Bay, hard stuck in almost 20 feet of mud, havingConcern 1, as follows; ation sometimes associated with telephone or missed a channel course correction. It wouldtextingusage.Clearlytherecommendation, take until April 17, 2022, and multiple efforts toIt is recommended that vessel owners andby use of the word fixation paints a picturedislodge her, including weeks of unloading con- marineoperatorsdevelopandimplementmore dramatic than mere misdirection of at-tainers and substantial dredging. Immediately,effective policies outlining when the use oftention when electronics are involved.the question would be asked, Was it mechani- cellphonesandotherportableelectronic cal failure or human error causing the accident? devices is appropriate or prohibited [T]hisOne merely needs to recall the dual-fatal ac-new Finding of Concern reiterates the origi- cident that occurred on July 7, 2010, when a On December 1, 2022 the U.S. Coast Guardnal warnings and emphasizes the additionaltug-barge combination ran over a duck boat in issued its investigative findings, detailing thedangers associated with fixation on electron- the Delaware River in Philadelphia. Both the Port Pilots minute-by-minute use of his cellic devices while navigating or performingCoastGuardandNationalTransportation phone and texting during the critical momentssafety sensitive functions.Safety Board (NTSB) findings pointed directly at the use of cell phones and laptops aboard the tug-bargeduringthefinalcriticalmoments, when an attentive watch could have avoided the fatality.In another incident, known to the author only through the confidential PVA Legal Hot Line, there was an incident in which a members excursion vessel struck the bottom of a bridge. The company had the practice of issuing cell phones for emergency use only, and was able to observe that during the course of a 90-minute cruise, over 60 minutes were spent by the mas-ter on his cell phone. What more need be said?The repetitive and oftenroutinenatureofmanyvesselroutes can often serve as backdrop for resort to cell phonesandtextingtopassthetime.They can certainly lead to focus fixation, leading to serious marine incidents (to wit, the Ever Forward grounding) or even death (to wit, the tragic Philadelphia Duck Boat deaths).As we enter 2023, it is timely and proper for eachpassengervesselownertoexaminethe rules in place for electronic usage while under way, as well as the mechanism for detection and enforcement. Hopefully, no PVA member need be the subject of a Coast Guard or NTSB report, finding electronic usage as the cause for any marine incident. FOGHORN 32'