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Shortly after 16:30 on 19 January 2004, the 26,000-dwt rock carrier Rocknes, owned by the German KG financier Hartman, capsized in the smallest stretch (300-400m wide) of the strong currents of Vatlestraumen, between Bjorøy (Fjell municipality) and Håkonshella (Bergen municipality; see Figure 1). How could this have happened? A number of claimants have taken up the Rocknes case in search of the truth of the giant vessel's disaster.

Although the pilots were cleared of suspicion in an investigation by the Norwegian Coastal Administration (NCA; Kystverket, 81), the NCA itself might be held responsible. However, the police also pointed out that the Norwegian Mapping Authority (Sjøkartverket; Hydrographic Service, 82) is to blame for failing to include the newly found shoal (9m deep) in their notice to mariners (NtM). In addition, two operational violations concerning the loading of the Rocknes were established. Each of these alone could be responsible for capsize under difficult conditions. Moreover, it had been claimed earlier that the vessel's massive deck structures hampered visibility. The 2001-built Rocknes had been converted to become the world's largest flexible fall-pipe vessel.

Notice to Mariners

According to the Hydrographic Service, the part of Vatlestraumen where the tragedy took place was last mapped in 1997. The charts produced by the Hydrographic Service are used by the NCA to train their pilots. In order to stay up-to-date, pilots and other navigators use NtMs, in addition to charts. All important changes are included in these NtMs, which in practise means that less important changes are not. The area of the Rocknes accident had not been updated in the NtM, so the change was not known by the NCA prior to the accident. After the tragedy, the fatal shoal was temporarily marked with a red light buoy. Apart from the presence of permanent underwater obstacles, the Vatlestraumen is also known to vary in strength and direction. On the surface (down to 5m), the current strength can increase considerably, and the bottom current (below 7m) has a different direction, complicating navigation.

Today, the location of the shipwreck is marked. In order to prevent future accidents, the NCA decided to deepen the bottom in the disaster area to 14 metres. In addition, the width of the Vatlestraumen will be increased to ensure safer passage for large vessels. The costs of these measures are estimated at approximately EUR8.9 million. The work will be finished no sooner than 2013.

The Rocknes case was reopened on 2 February 2009 in the Court of Oslo. At the time of going to press, the verdict was expected mid-March. The court will determine whether the State of Norway is economically responsible for the accident. The crucial question is the marking of the shoal. Thirteen insurance companies and the shipping company have put in claims totalling approximately EUR64.5 million against the State of Norway. Adding to this the already made cleaning costs, the sum totals approximately EUR78 million. The case will be judged by Norwegian law only, which generally implements a higher liability standard than is found in many other countries. It is expected, that the Rocknes case will be brought to the High Court, because of its complexity and the high financial claims involved.

Further Reading

• Norwegian Coastal Administration. Aktuell nimetersgrunnen I Vatlestraumen nå merket.
  (29.01.2004). Available from: http://www.kystverket.no/
• Lloyd's List. www.lloydslist.com; Guard Sues Norway over Rocknes. Available from: www.lloydslist.com (06.02.2009).