Boris Herrmann: Vendée Globe: Background to the collision of the "Seaexplorer"

The incident happened two days ago, and yesterday it briefly faded into the background due to the joy of finishing fifth in the Vendée Globe. However, the question of whether Boris Herrmann acted negligently when he crashed into a Spanish fishing vessel while asleep on the last 100 nautical miles to the finish line is now swirling all the more fiercely in the social media and some daily newspapers.

Even the debate about the incompatibility of single-handed sailing with paragraph 5 of the Collision Prevention Regulations, which has been heated for decades, was reignited. A lack of plausible explanations and an interview in the Süddeutsche Zeitung with the captain of the Spanish fishing vessel, who assured that he had not switched off his AIS, fuelled the debate even further. So instead of further speculation, here are the facts - and a statement from the solo skipper, which he gave at a press conference this afternoon.

1. the question of the consequences of a collision
The fishing vessel was the "Hermanos Busto", a steel ship 29.35 metres long and 8 metres wide. It was in the middle of the Bay of Biscay and was only travelling at 1 to 2 knots, as the crew was in the process of hauling in the catch at the time of the accident.

While Boris Herrmann's "Seaexplorer" lost its bowsprit on impact and suffered a crack in the hull on the starboard side, a broken foil and a torn upper shroud, the cutter apparently sustained only minor damage. "I called the shipping company today and asked if everything was OK," says Herrmann. There were only a few chips to the paintwork on the side of the ship, a line fisherman. In fact, it seems impossible that an Imoca 60 weighing less than 8 tonnes could damage an all-weather ocean-going cutter that displaces 220 tonnes. "Everything else will now be clarified by my insurance company," says Herrmann.

2. the question of guilt
According to international collision prevention regulations, the Hamburg-based company is unquestionably responsible for the incident. Fishing vessels in operation have right of way over pleasure craft, as they are restricted in manoeuvring when they haul in the catch, as in the case of the "Hermanos Busto".

During the night from Wednesday to Thursday, there was also poor visibility in the Biskaja. Due to a warm front, the humidity condensed into a fine mist. Boris Herrmann made it clear at the press conference that he could not blame the fishermen, as solidarity among seafarers forbids it. Their deck lighting and the hazy air had limited the fishermen's vision to the immediate vicinity. It would have been impossible for them to see him in time with their naked eyes.

He revised his original assumption that the ship had been travelling without AIS when asked. "In the rush of the situation, I thought that was the most obvious explanation," said the 39-year-old. His team's initial research via MarineTraffic had led them to the conclusion that the "Hermanos Busto" had not been transmitting an AIS signal at the time.

However, the captain of the cutter contradicted this in an interview with the "Süddeutsche Zeitung": "Our AIS was switched on. At all times. I guarantee that. Firstly, we are obliged to do so, and secondly, it is very easy to check because It's recorded automatically."

3. the question of technology
Boris Herrmann's "Seaexplorer - Yacht Club de Monaco" has two other collision avoidance systems on board: a broadband radar and the new Oscar detection system, which uses video and infrared cameras to scan the sea surface in advance.

In his initial statements on the collision, the skipper had stated that they had not raised the alarm either. He had previously had a dozen or so ship encounters during the night and had always checked whether his radar was working correctly. This had been the case, which is why he had been sure that he could go back to sleep for a short time. Oscar, on the other hand, no longer worked reliably: "There must have been a clouding of the optics."

At least the radar was available to him. And his AIS was also still showing ships in the vicinity; only the transmission function had already failed in the Southern Ocean. So if the cutter captain's statement that the "Hermanos Busto's" AIS was active is correct, Boris Herrmann should have been alerted twice before the impending collision.

He himself stated that he did not remember hearing a signal tone. He only noticed the accident when he saw a steel bulkhead above him while standing in the cockpit. A blackout?

This is the most plausible explanation, at least as far as we know so far. Exhausted from three months of solo sailing in predominantly very rough weather, exhausted after the passage of the busy Cap Finisterre the night before, it is quite conceivable that the alarms startled him too late, especially as he was travelling at high speed, around 17 knots shortly before the collision.

Alex Thomson had a similar experience at the Route du Rhum three years ago, when he was in the lead and didn't hear his alarm clock and crashed onto the cliffs of Guadeloupe.

4 The fundamental question
Is the case proof of the general irresponsibility of single-handed sailing? Did Boris Herrmann act negligently or even grossly negligently when he went to sleep?

This is unquestionably debatable. Paragraph 5 of the KVR, mentioned at the beginning of this article, is often quoted: "Every vehicle must keep a proper lookout at all times by sight and hearing and by any other available means appropriate to the circumstances and conditions, giving a complete overview of the situation and the possibility of a collision."

Strictly speaking, an Imoca 60 is hardly compatible with this rule. This is because the speeds are very high and forward visibility is extremely restricted by spray and overcoming water masses. The Plexiglas panes in the deckhouse fog up easily and the glare from the instruments is relatively high. You can really only steer these boats by instruments at night. And they are extremely physically demanding, all the more so if the skipper already has 79 days under his belt.

Nevertheless, technology has made immense progress. The latest generation of radar equipment is simply amazingly good, AIS is a de facto standard, and Oscar is also a promising innovation. Anyone who is not familiar with these innovations is talking about yesterday's technology.

There is simply no lack of assistance systems, just as there is no lack of safety awareness on the part of the class or the skipper. To declare this form of sailing irresponsible across the board would be like banning climbing in the high Alps because of the risks involved. Even cycling in the city centre could easily be called into question with reference to the latent risk of accidents.

5. the question of liability
For the reasons mentioned above, insurers have long since put the issue to one side. Recreational sailors who go sailing single-handed do not have to worry about the liability of their insurance company if they go to bed at night after having checked the situation.

This applies all the more to the Imoca 60 policies, which are calculated specifically for the intended use of the boats anyway - and are correspondingly expensive. It is therefore pointless to reopen the debate that once prevented Wilfried Erdmann from being recognised for his exceptional performance during his first circumnavigation.

Single-handed sailing is intensive, strenuous, demanding - but not per se grossly negligent, at least in terms of jurisdiction and the insurance industry.