Olney M. Wardell v. Department of Transportation, National Transportation Safety Board

Captain Wardell seeks review of an Opinion and Order of the National Transportation Safety Board (NTSB) suspending his merchant mariner’s license. While we note that there were significant procedural defects in the Coast Guard’s administrative hearing, we uphold the NTSB’s decision because Captain Warded failed to introduce any evidence that could rebut the presumption of negligence operating against him.

BACKGROUND

Captain Warded was the pilot aboard the S.S. GREATLAND on March 17, 1985, and he was conning the vessel at the time of an allision with the Port of Anchorage City Dock.

On March 4, 1985, an administrative hearing was commenced at Anchorage, Alaska, Administrative Law Judge (ALJ) Wilkes presiding. The Coast Guard alleged that the allision occurred because Captain Warded was negligently off course during the approach to the dock and was closer to the dock than prudent when he initiated his “dock turn.” It was the Coast Guard’s contention that the resulting lack of turning room caused the allision.

Captain Warded contended that the GREATLAND was on course and had commenced her starboard turn at the usual point one mile off the dock, but that an unusually strong…