AP/ July 13, 2010, 8:28 AM

Tug Pilot in Duck Boat Crash Refuses to Talk

A crew member refusing to talk to federal investigators about a fatal duck boat crash in Philadelphia was piloting the tugboat pushing a barge that slammed into the duck boat, a Coast Guard official said Monday.

The mate exercised his Fifth Amendment right against self-incrimination and refused to meet with investigators over the weekend, according to the National Transportation and Safety Board.

U.S. Coast Guard Capt. Todd Gatlin confirmed to The Associated Press that the mate was on duty as the tug pushed a 250-foot barge up the Delaware River. The crew of the duck boat told the NTSB that its radio calls to the tug "received no response," although other boat operators nearby reported hearing them.

Officials: Duck Boat Radioed Tug, Got No Reply
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The collision last week sank the tourist vessel, dumping 37 people overboard and killing two young Hungarians.

The tug, The Caribbean Sea, had been moved to Philadelphia on June 24, Gatlin said. It previously had been in New York Harbor, according to Joseph Dady, a national tug safety advocate who once piloted the vessel.

The tug's crew consisted of a captain, the mate, an engineer and two deckhands, the NTSB said.

"The mate was on duty ... and the captain was off," Gatlin told the AP.

By law, either the captain or mate must be at the wheel at all times, said Dady, president of the National Mariners Association and a member of the Coast Guard's Towing Safety Advisory Commission.

An 18-year-old trainee had been at the wheel of the duck boat when it entered the water, but the captain took over when the engine appeared to smoke, a passenger said Monday. The pair cut the engine, dropped anchor and were waiting calmly for help for several minutes when they saw the hulking barge bear down on them.

"Our younger fellow was out there flailing and calling, and obviously nobody saw him. I came to find out that nobody was on deck on the barge," passenger Sandy Cohen said Monday from her home in Durham, N.C. "And then they couldn't reach them by radio."

The tug's owner, K-Sea Transportation Partners of East Brunswick, N.J., declined to identify the mate or describe the crew's experience level. Nor would the company say if there was a lookout on the barge, which Dady said is required if the pilot's view from the wheelhouse is significantly obstructed.

K-Sea has provided legal counsel to the five-person crew, but a spokesman could not immediately name the mate's lawyer. The company said it was cooperating fully with the probe.

"If an individual chooses to take the Fifth Amendment, that's fully their right," spokesman Darrell Wilson said.

The captain submitted to an NTSB interview, but NTSB spokesman Keith Holloway would not disclose what he said.

Typically, tug captains and mates rotate six-hour shifts, with one person on duty and the other on break, Dady said. The deckhands also rotate shifts, and the NTSB said one was asleep at the time.

"It's 90 percent boredom and 10 percent sheer terror," Dady said of a tug captain's job.

The amphibious duck boats are a popular way for tourists to see the sights of Philadelphia from both land and water. Two Hungarians visiting the city as part of a language program, 20-year-old Szabolcs Prem and 16-year-old Dora Schwendtner, were missing for two days before their bodies were found.

Ten passengers suffered minor injuries.

The tug was pushing a city-owned barge that carries sludge a few miles downriver to a wastewater treatment plant. The barge - empty and riding high on the sea - was making the return trip upriver when it struck the tourist boat about 150 feet from the shoreline, where commercial, tourist and pleasure craft share space in the Delaware River's deep shipping channel.

According to Dady, Coast Guard rules mandate that a pilot make 11 trips on a given waterway before taking the helm. Although the Caribbean Sea had been moved to the Delaware River just weeks earlier, K-Sea may have hired a local crew, Gatlin said.

Dady, who operated The Caribbean Sea decades ago when it bore a different name, said the vessel has good maneuverability. He believes the pilot could have changed course in about a minute and come to a full stop in about three minutes, if he knew of the looming peril.

"If there was a proper lookout posted - I'm not saying there was or there wasn't - I would find it hard to believe that he wouldn't have seen that duck boat in time to alert the captain or mate and divert course and prevent the collision," he said.

However, if the boat were drifting, a pilot might have thought it was moving out of the barge's path.

"If that vessel was adrift, it might have given the guy the illusion that he was under way and he was going to cross the bow safely," he said.
© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
5 Comments Add a Comment
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pragmatist1 says:
Where's my intelligent comment CBS?
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lordgoogoo says:
Duh ! Sailinggirl. Who said they didn't have life jackets, not that it would have mattered, the giant tug flipped the little duck over, and what's wrong with anchoring when there are engine problems. Obviously no one on the tug was paying attention.
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sailinggirl says:
First, this was not "at sea", but rather in a restricted navigation channel, which is significantly different. The tug and barge can't turn out of the channel. The tug can't turn the barge very well at all, which is why there aren't 90-degree turns in a navigation channel without huge turning basins. 3 minutes? show me the math.

Finally, what an idiotic statement - the tugboat captain with his feet up and asleep - are you saying that there was nobody operating the tug? Or that the tugboat captain is the only person to run the tug? By whose rules? How about the trainee driving the duck boat? What happened there? And if visibility was so good, why didn't the duck boat operator attempt to radio the tug long before it was in collision range rather than when it was so close?

Finally, although I would agree that "all parties bear responsibility" why such a slanted report the puts all the blame on the tug and barge? Both with sensational wording and slanted reporting. The operators of the tug are judged and found guilty long before all the information is in, yet it appears to me that the duck boat operator was more than 50% at fault. And I don't think it was legal for a trainee to be running the duck boat with passengers on board - who is reporting on that?
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jabawakki replies:
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Facts:

The Delaware river is not a "restricted navigation channel." It's an open waterway where every captain is responsible for not hitting another boat.

The Delaware could easily fit the barge at a 90-degree angle. But what really matters is that it's ABSOLUTELY wide enough to fit the barge at a 1 degree angle which is all it would've taken to avoid killing people.

-The "trainee" of the duckboat is training to be a captain, not a deckhand. He is fully legal to drive the boat under supervision of the captain since he's a deckhand. You ask who is reporting that? MSNBC, Foxnews, CNN. Here's a link for your convenience:

http://www.msnbc.msn.com/id/38184368/ns/local_news-philadelphia_pa/

The deckhand is also the same kid who jumped from a boat into the Delaware a few months ago and saved the life of a guy who fell from the Ben Franklin bridge. Where were you to discredit his experience then?

Considering how you're frantically defending the tug boat (I say frantic because starting 2 paragraphs with "finally" makes me think you were just tacking on ideas as you thought of them), I can understand how you overlooked what bad taste it is to attack the victims. Especially when these victims are the ones who have been completely honest and cooperative with the the investigation from the beginning... certainly not "pleading the fifth" like your sinless tugboat.

FINALLY, There are lives at stake on both side of the aisle besides those that died. On the one hand you have all the employees of Ride the Ducks who are now out of jobs because of the stigma surrounding this case. On the other hand you may have some guys looking at years of jail time because they may have accidentlly caused involuntary manslaughter. It's a crap situation all around, but leave it to the investigators to find out who is actually at fault before you fly off the handle.
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sailinggirl says:
The headline stating "when the tugboat rammed barge into Tourist Vessel" to be inflammatory and bordering on blatant dishonesty. Also, to say that the tug and barge could have stopped in 3 minutes is absurd and irresponsible. There are no brakes on a boat or barge. The barge's momentum would have carried it hundreds of feet before the tug could have stopped it, long after the duckboat had been run over.

Why is there no comment about the fact that the duck boat was ANCHORED in a navigation channel? The tug and barge were limited by draft and maneuverability to the channel. The duck boat was not. Moreover, by anchoring the duck boat, the wake from the barge could not move the duck boat out of the way, which could very possibly have occurred if the boat was free floating. However, it was the operator of the duck boat who behaved foolishly and irresponsibly. And why were the passengers of the duckboat not wearing life jackets when it went into the water? If not for adults, certainly the children should have had lifejackets on. This accident is a tragedy, but to slant all reporting to blame the tugboat operator is irresponsible and factually incorrect.

Please find someone who knows more about boats, water, and the rules of the road (which are based on practical matters, not frivolous "rules for rules' sake") with regard to ships, channels, and safe operation of vessels.

I am disappointed with this reporting and hope you correct the record, and quickly.
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