Once before was the case Subject of a television programme on NDR. Tonight, at 9.15 pm, ARD is broadcasting the long version of the story on "Panorama - Die Reporter" under the title "PS-Piraten". In the announcement of their 30-minute programme, the authors Anna Orth and Pia Lutz write:
"It was a bright summer's day on the Baltic Sea. A surfer was bobbing in the water of Neustadt Bay. Suddenly there is a bang: a large motor yacht hits the surfer and almost kills him. He loses a leg and copious amounts of blood, countless bones are broken. The doctors have to bring him back to life three times. The tragic accident is now two years old.
Personal misfortune?
Reinhard Fahlbusch stands on the beach in Scharbeutz and looks out over the bay where he has surfed and sailed for three decades. The water is full of bathers, sailors and surfers. In between, motorboats chase past the shore. Fahlbusch can hardly bear the sight. He goes public because he is certain that there is more at stake than his personal misfortune. On that Sunday afternoon, he was not only caught in the propellers of a motor yacht, but also in the middle of a battle between two rival camps on the Baltic coast. But he only realised that today.
Fighting for guilt?
It is no longer just his personal battle for guilt, compensation and justice, but a fundamental battle between two camps over speed limits, compliance with safety standards and responsibilities. The question is: could the tragic accident involving surfer Fahlbusch have been prevented?
On this day in August 2011, the experienced surfer Fahlbusch is enjoying the late summer on the water. Just like the crew of the eight "Sunseeker" motor yachts that have set off from Neustadt harbour for the "Baltic Cruise" - a PR excursion for the luxury shipyard's wealthy customers. The largest ship, the "Predator 74", leads the way. With a length of 22 metres, 3,600 hp and a displacement of 47 tonnes, it is the showpiece yacht in the Bay of Lübeck. Her proud owner: an entrepreneur from Lübeck.
No chance
Reinhard Fahlbusch has no chance when the yacht owner accelerates his Predator to almost top speed. She was travelling at 38 knots, or almost 70 kilometres per hour, on impact. Fahlbusch has no memory of it. He only wakes up in Lübeck University Hospital with his left leg missing.
Shortly after the accident, Jürgen Albers is taken from the Federal Bureau of Maritime Casualty Investigation (BSU) became aware of the case. The federal agency always takes action when an accident appears to be more than just a fateful isolated incident, when there are indications of fundamental errors. Inspector Albers becomes suspicious because a police officer noted after the accident that the yacht owner may not have been able to see the surfer Fahlbusch at all. The BSU has the boat measured.
Motor yacht faulty
In fact comes Albers in his accident report concluded that the viewing windows of the Sunseeker motor yacht were designed in such a way that the helmsman could not see small water sports enthusiasts such as surfers or sailors sufficiently. Despite having a valid licence, the vessel is therefore in breach of the relevant European standard. Albers recommends that the responsible authorities examine the yacht in question and other Sunseeker models. Surfer Fahlbusch is also familiar with the BSU's report. What particularly frustrates him: To date, it has had no consequences. None of the official bodies have yet re-inspected the luxury shipyard's yachts. Sunseeker itself explains that it has had its own report drawn up that confirms the safety of the ships. Unfortunately, these reports are not made available. Sunseeker's yachts continue to race across the seas.
They can do this off the German coast without any limits. Unlike in other countries, there is no speed limit in Germany beyond a safe distance from the bathing zone. This was not the case in the Bay of Lübeck, where the accident occurred. Sailor Karl-Heinz Haase, himself a resident of the bay, had worked with a citizens' initiative and local politicians to achieve this. However, a motorboat fan successfully sued against it. Since then, motorboats have been allowed to sail through the bay as fast as they can. Jürgen Albers, the inspector from the federal authority, also came to the conclusion in his accident report that a speed limit in the bay could perhaps have prevented the accident. The BSU passed this result on to the Federal Ministry of Transport with the request to examine a speed limit for the bay. However, the minister responsible, Peter Ramsauer, initially saw no urgent need for action. It would first be necessary to examine how such a speed limit could be introduced and monitored.
Skipper sentenced
Reinhard Fahlbusch is frustrated. After all, two years after the accident, the district court in Kiel Penalty order against the driver of the motor yacht issued: Eight months' probation and payment of 10,000 euros to the sea rescuers, according to the judgement. Even without a speed limit: in view of the many water sports enthusiasts in the bay, the speed of the yacht was unreasonably high. The driver accepted the judgement.
For Reinhardt Fahlbusch, this is by no means the end of the story. In his eyes, the motorboats in the Bay of Lübeck are a constantly growing safety risk for every water sports enthusiast or swimmer. As long as there is no speed limit, a new accident could happen every day."
Lasse Johannsen
Deputy Editor in Chief YACHT
