Finding into death of James Terrance Sullivan
Deceased
JAMES TERRANCE SULLIVAN
Demographics
71y, male
Date of death
2012-01-24
Finding date
2015-10-19
Cause of death
Drowning
AI-generated summary
A 71-year-old man drowned after a recreational fishing vessel sank in Port Phillip Bay. The vessel had been extensively modified from its original design, removing sealed deck areas that provided buoyancy, and had been assessed by a marine surveyor as not seaworthy and dangerous. The seller did not adequately convey these safety concerns to the buyer. Neither occupant wore personal flotation devices. The coroner found the vessel unsafe due to structural modifications and inadequate buoyancy, and neither operator understood the risks involved. The finding highlights the absence of mandatory seaworthiness inspection regimes for second-hand recreational vessels at point of sale or transfer of ownership in Victoria, allowing unsafe vessels to be used.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Error types
Contributing factors
- Vessel had been extensively modified, removing sealed deck areas and buoyant void space
- Non-watertight plywood flooring installed
- Vessel was not seaworthy and in poor condition
- Seller did not convey seaworthiness concerns to buyer
- Neither occupant wore personal flotation devices
- Absence of bilge pump on vessel
- Vessel took on water rapidly due to structural modifications
- Operator inexperience with vessel safety requirements
Coroner's recommendations
- The State of Victoria continue to investigate viable ways to regulate the seaworthiness of recreational vessels
- Transport Safety Victoria continue to explore potential models for a non-commercial vessel seaworthy inspection and certificate regime at points of registration, transfer of ownership and after modifications
- Implementation of a survey scheme requiring inspection of all vessels 15 years or over or of second-hand vessels offered for sale as the least restrictive registration scheme needed to provide reasonable protection to the boating community
Full text
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