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Why cell phone regulations on vessels are needed

According to the Governor's Highway Safety Association, 34 states and the District of Columbia have banned texting while driving. Nine states, D.C. and the Virgin Islands have banned all drivers from using handheld cell phones while driving. President Obama signed an executive order prohibiting federal employees and contractors from texting while driving government vehicles or private vehicles on government business.

As usual, the maritime industry is behind the curve when it comes to enacting rules to protect life and property.

On a vessel, if it is proven that using a cell phone provided enough of a distraction to be a contributing cause of an accident, then there may be legal implications to the responsible party. But presently there are only recommendations and not laws specifically against using cell phones while navigating.

A Dec. 20, 2009 collision between a Coast Guard vessel and a small pleasure boat in San Diego Bay killed an eight-year-old boy and seriously injured four other persons. Four Petty Officers face possible Courts Martial and charges ranging from involuntary manslaughter, negligent homicide and dereliction of duty.

15 days earlier, a Coast Guard vessel collided with a passenger excursion vessel in Charleston, South Carolina, injuring six passengers.

In both cases, federal investigators determined that there was cell phone use and texting at the time of the accidents which distracted crew members from effectively performing their duties as lookouts.

However, there were no specific cell phone use laws broken because there weren't-and still aren't-any of those laws in effect on the water.

"I can't tell you how many times I've been at the wheel of a large ship transiting the Houston Ship Channel, Savannah River and other busy channels where the pilot would be late with a steering command because he was talking up a storm on his cell phone," says Mike, a U.S. able seaman who requested that his last name not be used.

"One time I literally yelled at the top of my lungs from the wheel out to the bridge wing to get the pilot's attention that we were going to miss the turn. Another time, a pilot screamed at me for being too far over to the right, even though I had carried out his commands to the letter," said Mike.

"Fortunately the mate on watch backed me up."

Those in charge of regulating vessel safety appear to be moving in the right direction toward clamping down on cell phone use during navigation that is not only distracting but potentially deadly. Following the two Coast Guard collisions, the National Transportation Safety Board issued a Safety Recommendation to the USCG imploring it to develop and enact policies dealing with the use of cellular and wireless devices aboard USCG vessels.

The NTSB also issued a Safety Advisory to the general maritime industry promoting awareness of the risk of distraction posed by the use of wireless devices and encouraging developing operational policies to deal with the risk. Unfortunately the latter part is only voluntary.

The USCG already has risk management directives in place such as Bridge Team Management which enhances coordination between navigation crew members. The NTSB has found in accidents from other modes of transportation that the use of cell phones and texting prove to disrupt coordination and diminish concentration.

From a legal perspective, the USCG says that every crew member on a small vessel underway is in fact a lookout and using a wireless device on the job may be a dereliction of duty.

Still, without any specific laws in place banning the use of mobile devices while navigating, there is not enough of an impediment to force reckless mariners and boaters to wait until they are off duty to make that personal call.

In the meantime, lives will continue to be at risk and the burden will be placed on investigators and the victims' families to prove that texting or cell calls are responsible for deaths on the water.

To rely on public awareness campaigns and self-regulatory policies is to put the public at risk.

Learn your rights as a seaman by ordering free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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