The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Interpretation

2.—(1) In these Regulations—

“access” means the process of embarking on or disembarking from a ship, by whatever means employed;

“accident” has the meaning given in regulation 3;

“the Act” means the Merchant Shipping Act 1995;

“Chief Inspector” means the Chief Inspector of Marine Accidents appointed by the Secretary of State under section 267(1) of the Act, and any Deputy Chief Inspector;

“Council Directive 1999/35/EC” means Council Directive 1999/35/EC of 29th April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferries and high speed passenger craft services(1);

“Court”, in the case of judicial proceedings or an application for disclosure made in England, Wales or Northern Ireland means the High Court , or in the case of judicial proceedings or an application for disclosure in Scotland means the Court of Session;

“Directive vessel” means a vessel covered by the scope of the Directive;

“the Directive” means Directive 2009/18/EC of the European Parliament and the Council of 23^rd April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and the Council(2);

“EMCIP” means the European Marine Information Casualty Platform(3);

“IMO” means the International Maritime Organisation;

“IMO Code” means the Code for the Investigation of Marine Casualties and Incidents annexed to Resolution A.849(2.0) of the IMO Assembly of 27^th November 1997 as amended at the time of the making of these Regulations;

“IMO guidelines” means the Resolution and guidelines on fair treatment of seafarers in the event of a maritime accident(4);

“incapacitation” means a person’s inability to undertake their full range of normal activities;

“inspector” means an inspector of marine accidents appointed by the Secretary of State under section 267(1) of the Act and in the context of the safety investigation of a particular accident includes any person appointed to investigate that accident under regulation 11(2);

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“pleasure vessel” means—

(a)

any vessel which is—

(i)

wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or

(ii)

owned by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,

and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person , other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion, or

(b)

any vessel which is wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club;

and no payments other than those mentioned above are made by or on behalf of the users of the vessel, other than by the owner, and in this definition, “immediate family” means in relation to an individual, the husband, wife or civil partner of the individual, and a brother, sister, ancestor or lineal descendant of that individual or of that individual’s husband, wife or civil partner;

“preliminary assessment” means a preparatory evaluation by the Chief Inspector which is intended to establish the likely causes and circumstances of an accident with a view to deciding whether or not a safety investigation should be undertaken;

“ro-ro ferry” and “high speed passenger craft” shall have the same meaning as those contained in Article 2 of Council Directive 1999/35/EC;

“safety investigation” means an investigation or inquiry into an accident conducted with the objective of preventing future accidents.

“senior surviving officer” means the senior surviving officer in the deck department and if there is no surviving officer in the deck department; then whoever is the senior surviving officer between—

(a)

the senior surviving engineer officer; or

(b)

the senior surviving electro-technical officer;

“serious injury” means—

(a)

any fracture, other than to a finger, thumb or toe;

(b)

any loss of a limb or part of a limb;

(c)

dislocation of the shoulder, hip, knee or spine;

(d)

loss of sight, whether temporary or permanent;

(e)

penetrating injury to the eye;

(f)

any injury to a person employed or carried in a ship which occurs on board or during access which results in incapacitation for more than three consecutive days excluding the day of the accident;

(g)

any other injury—

(i)

leading to hypothermia or unconsciousness,

(ii)

requires resuscitation, or

(iii)

requiring admittance to a hospital or other medical facility as an in-patient for more than 24 hours;

“severe pollution” shall have the same meaning as that set out by the IMO(5);

“ship’s boat” includes a liferaft, painting punt and any boat normally carried by a ship;

“substantial interest” shall have the same meaning as that set out in paragraph 2.20 of the IMO Code Casualty Related Matters MSC-MEPC.3/circ.2. of 13^th June 2008.

“United Kingdom ship” means a ship registered in the United Kingdom or a ship that is not registered under the law of any State but is eligible for registration in the United Kingdom under the Act;

“voyage data recorder” means the electronic or mechanical equipment which may be installed on a ship to record key navigational and control information.

(2) Where a ship is managed by a person other than by the owner (whether on behalf of the owner or some other person, or on their own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.

(1)

O.J.L138.1.6.1999,p.1 as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5^th November 2002 amending the Directive on maritime safety and the prevention of pollution from ships, O.J.L234.29.11.2002,p.55.

(2)

O.J L131. 28.5.2009, p114.

(3)

See the Explanatory Notes prepared by the European Maritime Safety Agency at www.emsa.europa/eu/emcip/141-accident-investigation/73-accident-investigation.html.

(4)

Resolution LEG.3(91) adopted on 27^th April 2006 (LEG 91/12) which refers to Annex 2 and prepared by the joint IMO/International Labour Organisation (ILO) ad hoc Expert Working Group on fair treatment of seafarers , see. http:www.Imo.org/KnowledgeCentre/HowAndWhereToFindIMOInformation/IndexofIMOResolutions/Pages/Legal-(LEG).aspx

(5)

International Maritime Organisation MSC-MEPC.3/Circ.3 of 18^th December 2008 Casualty-related matters: reports on marine casualties and incidents (Ref.T1/12.01, p.2, footnote). See also MEPC 37/22 which records the agreement of the definition of “severe pollution”, www.imo.org/blast/blastDataHelper.asp?data_id=30432&filename=MSC-MEPC.3-Circ.3.pdf.