The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004

PART 4 U.K. INCIDENTS AND ACCIDENTS AT SEA

Reporting of incidents and accidents at sea U.K.

12.— [F1 (1) When a ship is involved in—

(a) an accident;

(b) an incident;

(c) a discharge or probable discharge specified in paragraph (9A); or

(d) a pollution event likely to result in the pollution of United Kingdom waters or the coastline of the United Kingdom,

in controlled waters [F2 or United Kingdom waters], the master of that ship shall immediately send to Her Majesty’s Coastguard responsible for the area in which it occurred by the quickest means possible a report containing the information specified in paragraph (3).]

(2) If a slick of polluting goods or containers or packages drifting at sea are seen from a ship in controlled waters, the master of that ship shall immediately send to Her Majesty’s Coastguard responsible for the area in which the sighting occurred by the quickest means possible—

(a) details of the sighting;

(b) the information specified in paragraph (3)(a) and (b); and

(c) any other relevant information referred to in IMO Resolution A.851(20)F3 ....

(3) The information referred to in paragraph (1) shall comprise—

(a) the identity of the ship;

(b) the position of the ship;

(c) the last port from which the ship departed;

(d) the next port of call;

(e) the number of people aboard the ship;

(f) the date on which, and the time at which, the accident, the incident or the polluting event, as the case may be, occurred;

(g) details of the accident, the incident or the polluting event, as the case may be;

(h) the name of the body or person from whom information regarding any dangerous goods or polluting goods on board the ship may be obtained together with the necessary information to enable that person or body, as the case may be, to be contacted.

(4) The master shall also ensure that a report referred to in paragraph (1) shall comply as to form and content with the standard reporting requirements.

[F4 (5) When a United Kingdom ship is involved in—

(a) an accident;

(b) an incident;

(c) a discharge or probable discharge specified in paragraph (9A); or

(d) a pollution event,

outside controlled waters [F5 or United Kingdom waters], the master of that ship shall report without delay the particulars of the accident, incident, discharge or probable discharge or pollution event as the case may be, to the fullest extent possible together with the information specified in paragraph (9) in accordance with paragraph (6).]

(6) A report referred to in paragraph (5)—

(a) shall be sent,

(i) where the accident, incident or pollution event, as the case may be, is a threat to the coastline, or a related interest of the United Kingdom, to Her Majesty’s Coastguard responsible for the area in which it occurred,

(ii) where the accident, incident or pollution event, as the case may be, is a threat to the coastline, or to a related interest, of another State, to the State in question; and

(b) as to form and content, shall comply with the standard reporting requirements.

(7) When a ship is involved in a discharge, or a probable discharge, of dangerous packaged goods, the master of that ship shall report without delay the particulars of the discharge or probable discharge to the fullest extent possible together with the information specified in paragraph (9) in accordance with paragraph (8).

(8) A report referred to in paragraph (7)—

(a) shall be sent—

(i) where the discharge is a threat to the coastline, or to a related interest, of the United Kingdom, to Her Majesty’s Coastguard responsible for the area in which it occurred;

(ii) where the discharge is a threat to the coastline, or to a related interest, of another State, to the State in question; and

(b) shall as to form and content comply with the standard reporting requirements.

(9) The information referred to in paragraphs (5) and (7) shall comprise—

(a) the identity of the ship;

(b) the time and location of the incident;

(c) the quantity and type of dangerous goods involved; and

(d) details of assistance and salvage measures.

[F6 (9A) The discharge or probable discharge referred to in paragraphs (1)(c) and (5)(c) are the discharge or probable discharge of polluting goods, other than any marine pollutant identified in the IMDG Code, above the permitted level, for whatever reason including for the purpose of securing the safety of the ship or for saving life at sea.]

(10) In this regulation—

[F7 (a) “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;]

(b) “dangerous packaged goods” means dangerous goods in packaged form including those in freight containers, portable tanks, road and rail vehicles and shipborne barges;

(c) “pollution event” means a discharge, or the threat of a discharge, of polluting goods into the sea; and

[F8 (ca) “permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of F9 ... the [F10 Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018] [F11 or the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019] as the case may be;]

(d) “the standard reporting requirements” means the requirements stated in—

(i) part 2 (Standard Reporting Format and Procedures), or

(ii) sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for Detailed Reporting Requirements),

of the Appendix to the Annex to Resolution A.851(20)F12 ....

Textual Amendments

F1 Reg. 12(1) substituted (27.4.2005) by The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 (S.I. 2005/1092), regs. 1, 8(2)

F2 Words in reg. 12(1) inserted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 12(a)

F3 Words in reg. 12(2)(c) revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 12(b)

F4 Reg. 12(5) substituted (27.4.2005) by The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 (S.I. 2005/1092), regs. 1, 8(3)

F5 Words in reg. 12(5) inserted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 12(a)

F6 Reg. 12(9A) added (27.4.2005) by The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 (S.I. 2005/1092), regs. 1, 8(4)

F7 Reg. 12(10)(a) substituted (28.1.2015) by The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 (S.I. 2014/3306), reg. 1, Sch. 2 para. 5

F8 Reg. 12(10)(ca) added (27.4.2005) by The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 (S.I. 2005/1092), regs. 1, 8(5)

F9 Words in reg. 12(10)(ca) omitted (1.3.2019) by virtue of The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. para. 2(a) (with regs. 2, 5)

F10 Words in reg. 12(10)(ca) substituted (12.3.2018) by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (S.I. 2018/68), reg. 1(1), Sch. para. 3 (with reg. 5)

F11 Words in reg. 12(10)(ca) inserted (1.3.2019) by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. para. 2(b) (with regs. 2, 5)

F12 Words in reg. 12(10)(d) revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 12(b)

Measures to be taken in the event of exceptionally bad weather or sea conditions U.K.

13.—(1) This regulation applies whenever, in the event of exceptionally bad weather or sea conditions, the MCA are of the opinion, based on information provided to them by the Meteorological Office, that there is—

(a) a serious threat of pollution in United Kingdom waters or the territorial sea of any F13 ... EEA State; or

(b) a risk to human life.

(2) Whenever possible, the MCA shall provide to the master of every ship which intends to enter or leave a port in a relevant area full details of—

(a) the weather conditions and the sea state ; and

(b) the danger such weather conditions and sea state may cause to–

(i) the ship, or

(ii) any people or cargo on board the ship.

(3) Without prejudice to any measures which may be taken to give assistance to ships in distress, the MCA may give a recommendation described in paragraph (4) to the master of a ship in, or about to enter, a relevant area.

(4) The recommendation referred to in paragraph (3) is a recommendation that the ship—

(a) should enter or leave a port in a relevant area;

(b) should not enter or leave a port in a relevant area;

(c) should not be bunkered;

(d) should only be bunkered subject to certain conditions,

until the MCA are of the opinion that there is no longer a serious threat of pollution or a risk to human life as described in paragraph (1).

(5) If the MCA are of the opinion that a ship in a relevant area—

(a) should not be bunkered; or

(b) should only be bunkered subject to certain conditions,

the MCA shall inform the master of the ship of that opinion.

(6) If the master of a ship is informed of an opinion pursuant to paragraph (5), the master shall ensure that the ship is not bunkered or that the conditions subject to which the ship should be bunkered are complied with, as the case may be.

(7) A recommendation or an opinion given pursuant to this regulation—

(a) shall be given to the master of the ship in question by the quickest means available; and

(b) if not given in writing, shall be confirmed in writing as soon as is practicably possible.

(8) Where the MCA give a recommendation or an opinion pursuant to this regulation, the master of the ship in question shall inform the owner of that ship as soon as is practicably possible and by the quickest means available of the recommendation or the opinion.

(9) If, as a result of the exercise of his professional judgement, the master decides not to act in accordance with a recommendation given pursuant to this regulation, the master shall inform the MCA of the reasons for his decision.

(10) In this regulation—

(a) “relevant area” means an area in United Kingdom waters in respect of which exceptionally bad weather or sea conditions are forecast;

(b) “professional judgement” means professional judgement as regards matters relating to safe navigation or the protection of the marine environment.

Textual Amendments

F13 Word in reg. 13(1)(a) omitted (31.12.2020) by virtue of The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(9); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Measures to be taken in the event of risks posed by the presence of ice U.K.

13A.— (1) This regulation applies whenever the MCA are of the opinion, based on information provided to them by the Meteorological Office, that the presence of ice poses a serious threat to the—

(a) safety of human life at sea; or

(b) protection of United Kingdom waters or the territorial sea of any F15 ... EEA State.

(2) The MCA shall supply to the master of every ship in United Kingdom waters or which intends to enter or leave a port in the United Kingdom appropriate information on the—

(a) ice conditions;

(b) recommended routes; and

(c) ice breaking services,

within United Kingdom waters.]

Textual Amendments

F14 Reg. 13A inserted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 13

F15 Word in reg. 13A(1)(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(10); 2020 c. 1, Sch. 5 para. 1(1)

Measures to be taken in the event of incidents or accidents at sea U.K.

F16 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Reg. 14 revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 14

Obligations of shipowners in relation to accidents and incidents U.K.

15.—(1) When the owner of a ship is informed by the master of that ship of an accident or incident at sea F17 ... in accordance with the ISM Code F18 ... that owner—

(a) shall inform the relevant authority immediately of the accident or incident; and

(b) shall give such assistance as may be reasonably required by the relevant authority.

(2) In this regulation—

(a) “coastal authority” means—

(i) a person or body who provides a VTS,

(ii) a person or body who is responsible for a mandatory reporting system approved by the IMO, or

(iii) a person or body who is responsible for the co-ordination of search and rescue operations at sea or the co-ordination of operations to deal with pollution at sea; and

(b) “the relevant authority” means—

(i) Her Majesty’s Coastguard, where the accident or incident occurs in United Kingdom waters, or

(ii) the coastal authority of the EEA State F19 ... in whose territorial waters the accident or incident occurred.

Textual Amendments

F17 Word in reg. 15(1) revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 15(a)

F18 Words in reg. 15(1) revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 15(b)

F19 Words in reg. 15(2)(b)(ii) omitted (31.12.2020) by virtue of The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(11); 2020 c. 1, Sch. 5 para. 1(1)