Any legal expert will inform you that the law of the sea is not the same as the law of the land. When it comes to safety issues, this simple observation can sometimes save your life. MAJOR ANDREW MALLIA talks to Raphael Vassallo on the importance of knowing the sea before sailing on it
When it comes to danger out on the high seas, few people are more eminently qualified to speak than the AFM’s Major Andrew Mallia: currently responsible for co-ordinating all search and rescue operations carried out by Armed Forces of Malta (AFM).
“We handle probably one or two cases a day, of all types,” Major Mallia says when asked about the frequency of distress calls his office has to deal with. “Though having said that, not all cases strictly speaking involve distress calls. Even when an SOS is received, is does not automatically mean that we will intervenwe using our own assets. Commercial shipping also has an obligation to intervene, and our job is to choose between the available options. Sometimes, depending on the circumstances, it might make more sense to use a commercial vessel in the vicinity...”
Furthermore, the AFM also finds itself responsible for ferrying medical goods and services between the Maltese islands.
“One of our tasks is to manage medical transports to and from Gozo. This could involve flying patients to Malta from Gozo, or delivering supplies of blood from Malta to the Gozo hospital. On average we handle around 50 such transports a year...”
Yet another issue involves medical evacuations: complex operations which require specific skills and training.
“Most often, medical evacuations are done from fishing or commercial vessels... but occasionally also from pleasure cruises and private boats,” Major Mallia explains. “Not all accidents are work related. There could be all sorts of medical emergencies requiring hospitalisation. Situations which would not be considered at all serious on land, can become life-threatening at sea...”
This is in fact a refrain to which Mallia frequently returns. From his own, considerable experience, he can confidently assert that the vast majority of emergency cases out at sea can be avoided, if people were better informed of the possible dangers and took the necessary precautions.
To give an example, he cites the disproportionately large number of accidents taking place on Comino – a tiny island visited by thousands of holiday-makers each year, but which lacks its own permanent clinic, rendering potentially lethal even a minor emergency.
“In Britain, they call it ‘tombstoning’”, Mallia says grimly, with reference to bathers who jump off very high rocks into the sea. “People don’t realise how dangerous it can be...”
Typical injuries arising from this activity include fractures to the neck and back vertebrae, with all the associated mobility complications. Administering first aid in such circumstances is particularly troublesome, as without the necessary expertise and equipment it is perfectly possible to provoke further damage, including partial or total paralysis.
Besides, the accident victim must first be lifted from the sea, where otherwise he or she could very easily drown.
Mallia is however confident that the AFM’s trained medical staff – though not paramedics in the strictest sense of the word – are nonetheless fully qualified to handle these and other delicate manoeuvres.
“We refer to our medical personnel as ‘combat medics,” Mallia adds with a touch of pride. “They are trained to administer oxygen, to mobilise patients suffering from spinal injuries, and other services normally associated with paramedics.”
Elsewhere, the Maritime Squadron is kept busy monitoring Malta-flagged vessels around the world.
“Malta’s shipping register now accounts for some 27 million tonnes, or around 35,000 vessels,” Mallia points out. “As the competent authority administering Malta’s RCC, we are responsible for ensuring that a Malta-flagged gets all the assistance it needs in case of emergency.”
Recent incidents involving Malta-flagged vessels took place as far afield as Sri Lanka – making direct intervention impossible.
“In such cases, the RCC’s job is to keep the Malta Maritime Authority abreast of all developments. This can usually be done in communication with the RCC closest to the scene of the incident...”
Mallia explains that in some cases, issues such as language or inexperience can become problematic. “Some RCCs around the world are to say the least rudimentary,” he says diplomatically. “But in Sri Lanka’s case we dealt with the Colombo RCC, and they were very professional. They certainly knew what they were doing...”
Coming back to ordinary maritime mishaps: according to Major Mallia, those most frequently encountered at sea involve small pleasure vessels running out of fuel, running aground, or otherwise getting involved in collisions. Sometimes – especially in minor cases where no lives are at risk – people also tend to misunderstand the AFM’s actual obligations.
“Let’s put it this way: we will always intervene, if intervention is necessary,” Mallia continues, “but it has to be pointed out that our responsibility is to save lives... not to salvage private property.”
The recent, much-publicised case of a private yacht that ran aground in Pembroke automatically springs to mind. Without going into the specifics of the case, Mallia argues that it exposed a certain widespread misunderstanding.
“Search and rescue is a service we provide free of charge, because it is paid for by the taxpayer,” he explains. “In practice it is no different from a traffic accident. In cases where medical treatment is required, people justifiably expect life-savers to do their duty, and save lives. But nobody would realistically expect the State to also tow one’s car free of charge to the nearest garage...”
The same principle applies to accidents at sea, though people always seem to be surprised to discover this.
“As a rule, yes, we would charge a fee to perform a non-life-saving manoeuvre, such as towing a yacht in difficulty. The fee itself depends on the size of the vessel, among other factors.”
Mallia however concedes that there are exceptions.
“If towing a vessel were necessary to save a person’s life – for instance by removing the person from harm’s way – then yes, we would tow it without charging for the service. Otherwise, however, it would be unreasonable to expect taxpayers’ money to be squandered on salvaging property...”
By and large, however, the biggest cause of accidents at sea, fatal and non fatal alike, remains ignorance.
“In my opinion there is very low awareness and poor levels of preparedness among local mariners,” Mallia observes. “If you ask me, it’s a sin to spend thousands of euros on a boat, but then not spend a little bit more and also buy a VHF radio. Alternatively, to spend a lot of money on safety equipment, and then never learn how to use...”
According to Mallia, the main rule of thumb regarding maritime safety is actually very simple.
“Remember that you are not the only person on the sea,” he says without hesitating. “Everybody has his own responsibilities. Boat owners have a legal responsibility to drive at a safe speed. Otherwise, would you be able to stop on time and avoid a collision? Take the example of skin divers who do not use marker buoys. True, they have that responsibility. But if you observe your own obligation to drive at a safe speed, the chances are you would avoid the accident altogether...”
Apart from legal obligations, Mallia lists out a number of good practices which are not mandatory at law, but which can avoid accidents and save lives.
“All boat operators should be insured. As an organisation, we at the AFM insist that all persons operating our vessels are not only insured, but also trained and fully qualified. We spend a lot and money training them, because it is clear to us that it is absolutely necessary.”
Mallia also questions whether people pay enough attention to the Notices to Mariners published regularly by the MMA.
“For instance, the list of swimming bays, which is revised regularly. Not all these bays are marked with buoys. The harbour master is not legally obliged to put up buoys – but the mariner is obliged to be aware of which areas he is not allowed to sail in.”
Ultimately, what people really need to understand is that “the sea has the potential to be a hell”.
“Small emergencies ashore invariably become big emergencies at sea,” Mallia asserts. “Being prepared, informed, aware of your obligations... these are things that could save your life.”
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