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Application
4. - (1) These Regulations shall apply to accidents involving or occurring on board -
(a) any United Kingdom ship, except that regulation 6 shall not apply in relation to:
(i) a pleasure vessel,
(ii) a recreational craft which is hired on a bareboat basis, or
(iii) any other craft or boat, other than one carrying passengers, which is in commercial use in a harbour or on an inland waterway and is less than 8 metres overall in length,
unless, in the case of a craft or boat mentioned in sub-paragraphs (ii) or (iii), the accident involves any of the following -
(aa) explosion,
(bb) fire,
(cc) death,
(dd) major injury,
(ee) capsize of a power-driven craft or boat, or
(ff) pollution causing significant harm to the environment; and
(b) any other ship within the United Kingdom or United Kingdom waters, save that regulations 6 and 9(1) to (3) shall only apply in relation to such a ship if -
(i) the ship is within the jurisdiction of a harbour master or Queen's harbour master appointed, or required to be appointed, under any enactment;
(ii) the ship is employed in carrying passengers to or from a port in the United Kingdom or a place mentioned in sub-paragraph (i); or
(iii) an inspector, or other person acting on behalf of the Chief Inspector, requires that any of the evidence mentioned in regulation 9(1) or (2) be preserved.
(2) These Regulations apply to serious injuries and hazardous incidents as they apply to accidents, except that -
(a) regulation 6 (with the exception of paragraph (5)) and regulation 9 shall not apply to serious injuries; and
(b) regulations 6 and 9 shall not apply to hazardous incidents.
(3) An investigation may also be held under regulation 7 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or United Kingdom waters, if the Secretary of State so determines.
(4) For the purpose of this regulation, "hired on a bareboat basis" means hired without a professional master, skipper or crew.
Objective of investigation
5. - (1) The sole objective of the investigation of an accident under these Regulations shall be the prevention of future accidents through the ascertainment of its causes and circumstances.
(2) It shall not be the purpose of an investigation to determine liability nor, except so far as is necessary to achieve its objective, to apportion blame.
Duty to report accidents and serious injuries
6. - (1) When an accident occurs the following persons associated with the ship shall send a report to the Chief Inspector as soon as is practicable following the accident and by the quickest means available -
(a) the master or, if he has not survived, the senior surviving officer, and
(b) the ship's owner, unless he has ascertained to his satisfaction that the master or senior surviving officer has reported the accident in accordance with paragraph (a).
(2) In addition to any report made under paragraph (1), the following persons shall report to the Chief Inspector as soon as is practicable and by the quickest means available any accident of which they are aware -
(a) in the case of an accident within or adjacent to the limits of any harbour, the harbour authority for that harbour;
(b) in the case of an accident on any inland waterway in the United Kingdom, the person, authority or body having responsibility for that waterway; or
(c) an official of the MCA in respect of an accident within United Kingdom waters.
(3) A person making a report pursuant to paragraph (1) or (2) shall, in so far as is practicable, include the following information:
(a) name of ship and IMO, official or fishing vessel number;
(b) name and address of owner;
(c) name of the master, skipper or person in charge;
(d) date and time of the accident;
(e) where from and where bound;
(f) latitude and longitude or geographical position in which the accident occurred;
(g) part of ship where accident occurred if on board;
(h) weather conditions;
(i) name and port of registry of any other ship involved;
(j) number of people killed or injured, together with their names, addresses and gender;
(k) brief details of the accident, including, where known, the sequence of events leading to the accident, extent of damage and whether the accident caused pollution or a hazard to navigation.
(l) if the ship is fitted with a voyage data recorder, the make and model of the recorder.
(4) In addition to making a report under the preceding paragraphs, the persons specified in paragraph (1) shall, so far as is reasonably practicable, ensure that the circumstances of every accident are examined and that a report giving the findings of such examination, stating any measures taken or proposed to prevent a recurrence, shall be provided to the Chief Inspector as soon as is practicable.
(5) The master and ship's owner shall, so far as is reasonably practicable, ensure that the circumstances of every serious injury are examined and one of them shall, within 14 days, provide the Chief Inspector with a report giving the findings of such examination and stating any measures taken or proposed to prevent a recurrence.
(6) This regulation shall not apply -
(a) to an accident when the person killed or injured is a stevedore or shore-based worker and the accident occurs in a port in the United Kingdom; or
(b) to au accident which occurs in a shipyard in the United Kingdom.
Ordering of investigation
7. - (1) The Chief Inspector may cause any accident to be investigated.
(2) Where a report has been received under paragraphs (1), (2), (4) or (5) of regulation 6, the Chief Inspector shall decide whether or not an investigation, including any preliminary examination, should be carried out and shall notify the parties to the accident of his decision within 28 days following receipt by him of the report.
(3) Before deciding whether an investigation should be carried out and if so, what form it should take, the Chief Inspector may cause to be obtained such information as he considers necessary concerning the accident and any remedial-action taken as a result, and any person mentioned in regulation 6(1) or (2), as well as any other person who is in possession of it and has been requested to do so by an inspector, shall provide such information to the best of their ability and knowledge.
(4) In the case of an accident to which regulation 3(a) applies, the Chief Inspector may decide not to carry out an investigation if he is satisfied, or it is otherwise established to his satisfaction, that -
(a) any loss of life resulted from suicide or natural causes, or
(b) any major injury resulted from attempted suicide,
and and in such circumstances he may discontinue any investigation which has already been commenced.
(5) Public notice that an investigation has been commenced may be given in such manner as the Chief Inspector may think fit, and may invite any persons who so desire to present relevant evidence to the Inspector in such a manner and within such a time as is specified in the notice.
(6) The Secretary of State may require the Chief Inspector to investigate any accident or to expand the scope of an investigation to include any further consequences of an accident, including -
(a) salvage and pollution aspects; or
(b) the conduct of search and rescue operations
and in such circumstances the Chief Inspector may conduct an investigation into the further consequences of an accident which may be separate and distinct from the investigation into the initial accident.
Subsequent or reopened investigations
8. - (1) Notwithstanding a decision by the Chief Inspector under regulation 7(2) not to investigate, he may at any subsequent time cause an investigation to be carried out if he is then satisfied there is good reason in the interests of future safety to do so.
(2) The Chief Inspector may cause any investigation to be re-opened if, following its completion, in his opinion new and important evidence is discovered which could have a material effect on any safety recommendations made.
(3) Any investigation may be re-opened either in whole or as to any part of it and a re-opened investigation shall be subject to and conducted in accordance with the provisions of these Regulations.
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