For serious marine accidents, the Marine Accidents Inquiry Commissioners' Office sets up an organization-wide investigation team to ensure prompt and thorough action. If a more intensive approach is required, the Marine Accidents Inquiry Commissioners' Office reinforces the team by establishing a special investigative headquarters within the Marine Accidents Inquiry Commissioners' Office or the Local Marine Accidents Inquiry Commissioners' Office in charge.
To investigate facts and collect evidence, the commissioner may take any of the followings:
(1) To summon or question the persons concerned in a marine accident;
As marine accidents often lack material evidence, statements made by the master, chief engineer and other crew members, pilot, other witnesses and representatives of the shipbuilding industry, etc., often provide important evidence. Accordingly, the commissioner may summon such persons or visit them in person for questioning.
(2) Investigating vessels or other places;
The commissioner may inspect vessels and the scene of a marine accident to clarify the performance of the vessel, the extent of damage and the condition of the waterway.
(3) Causing the persons concerned in a marine accident to make reports or to submit books, documents or other articles;
To clarify the operating condition of a vessel involved in a marine accident, the commissioner may have persons concerned prepare a report or submit a variety of documents and materials, such as deck and engine logbooks, charts used, sea trial results, engine operating manuals and other performance and structure-related documents, cargo-related documents and operation control regulations.
(4) Requesting public offices to submit reports or data;
The commissioner may request relevant authorities to submit on the weather, waterways and port facilities, as well as ships' registries.
(5) To summon expert witnesses, interpreters or translators, or to cause them to give expert opinion, or to interpret or to translate.
The commissioner may request an expert witness with expertise in a specific field to give his expert opinions on, for example, lights and remaining speed in the case of a collision; vessel structure and stability, weather and sea conditions, and cargo stowage, in the case of capsizing or foundering; or source of ignition and flammable substances in the case of a fire or explosion.
When investigating marine accidents involving foreign flag vessels, the commissioner may use the services of an interpreter of English or any other language.
2. Marine accidents handled
A total of 12,197 marine accidents were handled by commissioners in 1998, comprising 7,437 marine accidents recognized as such during the year and 4,760 accidents carried over from 1997. Of the total, 731 accidents for which commissioners made offers for the commencement of inquiry and 6,620 were disposed of as unworthy of inquiry, while the statute of limitations expired on 124 accidents. As a consequence, 4,722 cases were carried over to 1999.
