Chapter 1 General Description of Marine Accidents Inquiry System
Section 1 Objectives and procedures of the marine accidents inquiry system
1. Objectives of the marine accidents inquiry system
The marine accidents inquiry system is designed to clarify, as prescribed by the Marine Accidents Inquiry Law (Law No. 135, 1947), the causes of marine accidents by inquiry, thereby contributing to the prevention of their occurrence.
Should a marine accident be determined to be the result of willful or negligent acts by marine technicians or pilots, those judged responsible will be subject to disciplinary punishment. Should the accident be ascribed to a cause related to other persons concerned in the marine accident, these persons may be subjected to recommendations.
Because marine accidents inquiries handle marine accidents defined by the Law, inquiries are conducted even in cases in which no people is directly involved in the accident to serve as subjects, such as an accident in which the lives of all crew members have been lost.
2. Marine accident inquiry procedures
Marine accidents occur as a result not only of intent or negligent acts of any person, but also a complex combination of factors, such as crew working conditions, vessel's hull and engine structure, the condition of ports and waterways, and natural circumstances including weather and sea conditions. In addition, marine accidents occur at sea, so material or circumstantial evidence is often minimal. Accordingly, since disciplinary punishment against the holders of a seaman and pilot's competency certificate may restrict their activities and rights, the procedure similar to a judicial system is used in marine accidents inquiry to ensure careful consideration and fairness.
(1) Investigation of marine accidents and offer for commencement of inquiry
A commissioner who has learned about a marine accident directly or been informed thereof a report from a maritime authority, such as the District Transport Bureau or Maritime Transport Branch Office, commences an investigation to determine facts and collect evidence. This involves questioning persons concerned with the accident, inspecting the relevant ships and gathering registers, documents and other evidence. If the investigation indicates an inquiry would help prevent similar accidents in the future, the commissioner makes an offer for the commencement of inquiry (a request for inquiry) with the appropriate Local Marine Accidents Inquiry Agency. No inquiry will commence unless such offer is made.
At making an offer for the commencement of inquiry, if the commissioner considers that the accident in question is attributable to intent or negligent professional conduct by marine technicians or pilots, he specifies them as "examinees". If he considers that other persons are related to the cause of the accident, he specifies them as "designated persons concerned in the marine accident".
This right to request an inquiry regarding a marine accident is vested exclusively in the commissioner. However, any interested parties may submit a proposal for such an inquiry to the commissioner.
(2) Inquiry and judgment
When the commissioner makes an offer for commencement of inquiry, the case comes under inquiry by the appropriate Local Marine Accidents Inquiry Agency. The inquiry is conducted in open court by a collegiate body of three judges with technical knowledge and experience (in a complicated case where it is particularly difficult to identify its causes, two persons of learning and experience in the field in question may also be present as commissioned judges) with the participation of commissioners, examinees, designated persons concerned in the marine accident, marine counselors and clerks.
