Kiel District Court has found a 73-year-old motor yacht skipper to be at fault for a devastating accident off Pelzerhaken. On 7 August 2011, the man ran over a surfer with his 22-metre Sunseeker Predator "Seewind" (3600 hp) at a speed of more than 38 knots. The victim, 61-year-old Reinhard Fahlbusch from Eutin, suffered terrible injuries - including the loss of a leg - and is suffering extremely from the consequences of the accident.
The accident had triggered a bitter discussion about the partially contradictory right of way rules (maritime traffic regulations, collision prevention regulations) in the coastal area.
The Kiel court has now issued a penalty order against the motor yacht driver, an entrepreneur from the Lübeck area: eight months' suspended imprisonment and a fine of 10,000 euros, payable to the German Maritime Search and Rescue Association.
According to media reports, the court found that the skipper was negligent and acted in breach of duty. He had not maintained a safe speed and had neglected the lookout. Accordingly, the court did not take into account the passage of the Maritime Highway Code (Section 31, paragraph 2) - "Sailboats must give way to all vessels" - which the person responsible for the accident cited as a defence. The surfer had been pulled under the hull and into the propellers of the motor yacht during the collision.
The penalty only becomes legally binding once the appeal period has expired. However, such appeals are usually waived in such cases because the risks of a much harsher judgement and the considerable costs of a court hearing are comparatively high.
The weekly newspaper "Die Zeit" has analysed the events in a largely excellently researched Dossier reprocessed.
Also very interesting in this context is the Report of the Federal Bureau of Maritime Casualty Investigation (BSU).
