Section 2 Investigation of marine accidents and offer for commencement of inquiry
1. Investigation and submission of offer for commencement of inquiry by commissioner
If the commissioner ascertains that a marine accident has occurred, he is obliged - as representative of the public interest and in accordance with the goal of preventing the reoccurrence of such accidents to investigate facts and collect evidence. In the case that the results of the investigation indicate that it is necessary to clarify facts and identify the causes of the accident, the commissioner makes an offer for the commencement of inquiry with the Local Marine Accidents Inquiry Agency. When doing so, if he considers that the accident in question is attributable to intent or negligent professional conduct by marine technicians or pilots, he specifies such persons as examinees whereas he specifies other persons, such as ship owners, who he considers are related to the cause of the accident as designated persons concerned in the accident. However, an offer for the case shall not be made after five years from the date of its occurrence, which is the statute of limitations on marine accidents. After gathering substantiating material and questioning parties concerned, should the commissioner ascertain that it is unnecessary to put the case before the court of inquiry, he will declare that it does not require for inquiry ("disposal as unworthy of inquiry").(Fig. 1-1-1)
Marine accidents occur as the result of a variety of complicated factors, including human acts; the ship's hull, facilities and performance; marine traffic; natural phenomena; operational patterns. The commissioner must therefore investigate the relationship between causes and effects and ensure all possibilities are exhausted.
Speed is also of the essence. As time passes, the memories of persons concerned fade and evidence becomes scattered, making investigations into marine accidents more difficult. In the case of a foreign flag vessel, the investigation must be completed and evidence collected before the vessel departs. Accordingly, the initial investigation conducted by the commissioner is crucial.
Each Local Marine Accidents Inquiry Agency has its Local Marine Accidents Inquiry Commissioner's Office where one commissioner is assigned to facilitate prompt investigation and avoid inconveniencing persons concerned in a marine accident, who are required to appear before the commissioner, however, Local Marine Accidents Inquiry Commissioner's offices have established a cooperative arrangement whereby one office may request another to conduct an investigation. In the case of a marine accident that has occurred in overseas waters, the commissioner goes through the Ministry of Foreign Affairs to collect evidence.
