Tragic boat sinking on 4th of July

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Jun 8, 2004
10,376
-na -NA Anywhere USA
I always told my customers to respect the water and generally there are no mishaps. It is sad when any lives are lost but the boat can only hold so much weight and the captian ignored that. Yes he has a daughter who was killed by his mistake and he is suffering for it but will probably serve time as a result. It will be interesting if he was drinking at the time.
 
Feb 6, 1998
11,701
Canadian Sailcraft 36T Casco Bay, ME
Guys,

Here's a very good indicator, from the actual MANUFACTURER, on the overloading.

The Silverton Owner's Manual for the later 34C Convertible, which has a significantly heavier displacement, 17,400 vs. 12,500, and is a significantly larger 34 footer than the 34 from the 80's which flipped is:


Silverton 34C Specifications
Overall Length - 37’ - 7.25”
Length at Waterline - 30’ - .375”
Beam - 13’ - 9.625”
Beam - Waterline - 12’ - 3”
Draft (Maximum) - 3’ - 3”
Displacement (dry) - 17,441 lbs.
Displacement (full fl uids) - 20,060 lbs.
Transom Deadrise - 12.5 degrees
Fuel Capacity - 286 Gallons
Fresh Water Capacity - 94 Gallons
Waste Water Capacity - 37 Gallons
Water Heater Capacity - 10.5 Gallons
Average Headroom - 6’ - 6”
Maximum Recommended Number of Persons - 10
Maximum Recommended Load - 2,227 lbs.



This "skipper" had this boat wayyyyyyyyyyyy over loaded by a factor of nearly 3X...

Here's the link to the Owner's Manual
 

jviss

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Feb 5, 2004
7,089
Tartan 3800 20 Westport, MA
I suspect that there will be no authority that condemns this man for over-loading the boat because there is simply no regulation or capacity rule that will be applied to this case. So far, it's merely speculation and innuendo. If the manufacturer has stability calculations that show the boat is unstable with this load, then they should certainly be liable for not disclosing it.
"Phil Cusumano, a Boston-based safety instructor and yacht captain with 35 years of experience, said there is no question the boat was badly overloaded. He said he would limit a vessel of that size to six adults. Other boating sites suggested a maximum of 15 passengers.
"Twenty-seven is just crazy," Cusumano said. "I wouldn't dream of doing that. I wouldn't do it at the dock, much less take it out on the water. It would tip over with the first turn.""

http://www.nj.com/news/index.ssf/2012/07/experts_overcrowding_to_blame.html
 
Oct 2, 2006
1,517
Jboat J24 commack
In the jurisdiction were this happened they have done the most aggressive prosecution of DWI crimes and items of this nature and have been the FEW places to get a murder conviction form a DWI


That being said in talking to my SON the ADA its going to tough to get beyond a misdemeanor charge without breaking new ground


Its also very unlikely the Police/DA are letting lose much of the info they have gathered and you can expect a good amount of quite time until they they recover the boat and have all there facts
 
Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
they have unoffocially ruled out alcohol as a factor according to the local news.
 

weinie

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Sep 6, 2010
1,297
Jeanneau 349 port washington, ny
In the jurisdiction were this happened they have done the most aggressive prosecution of DWI crimes and items of this nature and have been the FEW places to get a murder conviction form a DWI


That being said in talking to my SON the ADA its going to tough to get beyond a misdemeanor charge without breaking new ground


Its also very unlikely the Police/DA are letting lose much of the info they have gathered and you can expect a good amount of quite time until they they recover the boat and have all there facts
Oh, I don't know about that. Not to venture off topic and hit on a more controversial one,but Kathleen Rice (the DA) has no qualms about targeting legitimate businesses (gun shops) on trumped up charges and getting murder convictions for fatal DWI cases if she thinks it will gain her public support and get her reelected. If there is a large public outcry, I have no doubt she will try her hardest to throw whatever charges she can at this guy and see what sticks, though the fact that this guy lost his own child will, I'm sure, earn his some sympathy with the public.

Like the Trayvon Martin case, this case will be tried by the media.
 
Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
the fact that this guy lost his own child will, I'm sure, earn his some sympathy with the public.
I don't think he did, the last news report I heard said neice and nephew, but didn't mention one of the dead being his own child.
 

weinie

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Sep 6, 2010
1,297
Jeanneau 349 port washington, ny
Kevin Treanor was the owner, whose daughter Harley was killed. His brother-in-law Sal was the "operator".
However, NY NAV law reads:

§ 48. Negligence in use or operation of vessel attributable to owner.
1. Every owner of a vessel used or operated upon the navigable waters of
the state or any tidewaters bordering on or lying within the boundaries
of Nassau and Suffolk counties, shall be liable and responsible for
death or injuries to person or property resulting from negligence in the
use or operation of such vessel, in the business of such owner, or
otherwise, by any person using or operating the same with the
permission, express or implied, of such owner.
 
Oct 2, 2006
1,517
Jboat J24 commack
The fact that they had 27 people on-board is only exceeded in foolishness by the CG not requiring passenger ratings on boats over 20' or as far as i can tell even require a stability # on pleasure boats
 
Apr 8, 2010
1,606
Frers 33 41426 Westport, CT
ahh, that clears it up...

IMO, if the owner was onboard, or aware of the # of people onboard, he unquestionably is at fault for failing to exercise safe judgment.



Full disclosure, I also took my boat out for a short harbor cruise a little over loaded on Tuesday night (5 girls, 3 guys, average weight around 165, but never left the harbor. we went half way out and anchored, then dinghy'd to a little island for wine and cheese at sunset). I also made sure to have someone bring 4 extra life jackets (for 10 total), and explained to people before leaving the dock how to keep the weight distributed to ensure the boat was stable. With the extra people onboard with their weight properly distributed, the powerboat wakes actually affected us less than normal. I would never have left the harbor or attempted to raise sails with that many people on my boat.

In contrast to the Silverton:
Me: 27', 5000lb displacement
Silverton: 34', 12000lb displacement

People / foot of boat:
Me: 8/27 (3.375 feet per person)
Silverton: 27/34 (1.26 feet per person)

People / Displacement of boat:
Me: 8/5000 (625lbs displacement per person)
Silverton: 27/12000 (444lbs displacement per person)

I had roughly 2 extra feet of boat per person and 200lbs more of boat displacement per person than the Silverton (and much of my weight is in a lead keel 3 1/2 feet under water, his is the engines near the waterline), and I felt overloaded to the point where I would never even consider leaving the harbor for safety reasons.

No-one can argue this boat was not dangerously overloaded and an accident waiting to happen, and that's before you move some people up to the flying bridge!
 
Sep 25, 2008
1,096
CS 30 Toronto
Don't forget people is not a steady load. They move around. The boat may not be evenly loaded. In any case, 27 is stupidly overloaded. Besides sailboats were designed for much higher righting capability. These kind of planning hull motor boat is not.
 

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
Had this vessel been loaded with sand bags starting below the water line the load would have been entirely acceptable. But sand bags are compact and don't move around and climb up to the bridge. The center of gravity was well above anything the designer could have planned .
 

UPSGUY

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Jan 9, 2011
133
Catalina 22 Bayville NY
They thought they would be ok. Round trip this was less than ten miles. It was the unforeseen that took them out. Locals know that this inlet gets really choppy when there is a lot of traffic. Wednesday night there was lots of boats all moving at once in the dark.
I'm not excusing the decision to overload the boat. But I don't think most people realize how bad that inlet gets when there is a lot of traffic. 5'-6' waves are not impossible if you get a few big boats rolling through. Add to that the incoming tide and it would be difficult during the day on a properly loaded boat.
The Long Island Sound is often referred to as a big bath tub. Casual boaters take it for granted that the waters will always be flat and there is always help available. The tendency to bend the rules of safe boating is perpetuated by the illusion that the nanny state (harbor patrol CG Bay Constable) will always be there to save the day.
It is a pet peeve of mine that we refer to other boaters as "Captain or Skipper". Just because someone is at the helm doesn't mean they have a clue as to what they are doing. I am captain of my boat because I am responsible for it and my passengers safety. But by no means do I have the experience or training that are implied by that title.
The helmsman in this case was the more experienced boater than the owner. The owner of the boat chose him to be in command as he had more time driving larger boats than the owner himself. This shows me that there was some consideration of safety before this trip started.
The final outcome of all this is that three young children died. My children are all within a year of the ones that died and they are asking me what happened. As a parent I can't imagine how this family feels right now as they bury there kids.
I think the name calling should stop. It adds nothing to the conversation and minimizes what happened. On a bad day anyone of us could be facing a tragedy perpetuated by bad judgment.
 

LuzSD

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Feb 21, 2009
1,009
Catalina 30 San Diego/ Dana Point, Ca.
As a parent I can't imagine how this family feels right now as they bury there kids.
I think the name calling should stop. It adds nothing to the conversation and minimizes what happened. On a bad day anyone of us could be facing a tragedy perpetuated by bad judgment.

once again I must agree and thank you for your thoughtful posts.
 

jviss

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Feb 5, 2004
7,089
Tartan 3800 20 Westport, MA
It's not name calling to assign responsibility for an obviously reckless act. Perhaps another tragedy will be avoided because of this discussion.
 

weinie

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Sep 6, 2010
1,297
Jeanneau 349 port washington, ny
It's not name calling to assign responsibility for an obviously reckless act. Perhaps another tragedy will be avoided because of this discussion.
and unfortunately it will probably result in more laws and oversight all in the name of protecting the children.
 
Oct 6, 2011
678
CM 32 USA
UPSGUY said:
It was a bad night here. That inlet gets very choppy with heavy marine traffic. I myself have been tossed about by wakes from other boaters that would have given us some real trouble had I not been ready for them.
The boat traffic over on that side was extra heavy watching a fireworks show. When the show was over everyone started moving at once. I'm glad my little boat wasn't there.
The village fire department raced to respond. The police responded. All the boats there responded and did the best they could.
I'd say that we can all say the boat was overloaded. But we where not aboard and don't know what caused her to roll. We don't know what the skipper was thinking. But I'm sure he never thought he was putting these children's lives at risk.
The question to ask is what did the boating community do to keep this from happening ? Did anyone see 27 people get on this boat? Did anyone say anything ? Did anyone make a radio call? I'm sure the cops and bay constable would rather be writing tickets than making notifications.
Next time you see something that you know is wrong or dangerous remember these 3 kids and make the call.
Good post!
 
Oct 6, 2011
678
CM 32 USA
Scott T-Bird said:
First of all, what is the standard that tells anybody that the boat is overloaded? According to the news accounts, the authorities are looking into the question, but it doesn't seem so easily answered because the answer hasn't been given yet.

I'll go back to the Boating Safety courses taught by US Coast Guard Auxillary. The capacity for this boat would seem to be 31 people if it was new ... 28 people if it was older. The manufacturer has no legal requirement to post the capacity for this boat. Furthermore, in their advertising, the manufacturer explains how the high-freeboard of this style boat is disquised. In other words, the manufacturer tricks the eye to make the boat look less top-heavy. The boat seems to have 3 levels and deck space, so there is ample room to fit the people.

Somebody tell us what fault the skipper actually has from a legal standpoint? I know that there are those who will use the stand-by common-sense argument to proclaim the skipper to be an idiot and a child-murderer. The law will never be able to make this case because there is no case to be made against him. It's not obvious at all that this boat was overloaded.

The manufacturers of these boats do their best to advertise to their customers that these boats are both roomy and safe. Anybody could easily be mislead by the representations of the manufacturers because there are no published standards that the manufacturer is accountable to. The boat manufacturers seem to have no responsibility to establish limits.

A commonly accepted capacity calculation (the only one known to exist) says that the boat wasn't overloaded. By all accounts, there were several young children on the boat so it is highly unlikely that the overall weight could be a factor which would influence the calculation negatively.

I fail to see how the skipper can be found to be at fault. It's a tragedy that he will have to live with, and by learning a tragic lesson, possibly more people will be aware of the limitations of these boats. But where is the condemnation for the authorities and the boat maunfacturers that led these people down this path?
People are dead. How do we advocate for actions that resulted in three deaths?

If there are 27 places to sleep ( berths) or 27 seats that is a legitimate capacity number.

I do think the witch hunt in all of this is a bit much. To me, the focus of this is the kids, and not the finger pointing.

Very sorry for kids.
 
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