The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

Meaning of “accident”

3.—(1) Subject to paragraph (2), for the purposes of these Regulations and of section 267 of the Act, “accident” means—

(a) a marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving—

(i) the death of, or serious injury to, a person;

(ii) the loss of a person from a ship;

(iii) the loss, presumed loss or abandonment of a ship;

(iv) material damage to a ship;

(v) the stranding or disabling of a ship, or the involvement of a ship in a collision;

(vi) material damage to marine infrastructure external of a ship, that could seriously endanger the safety of the ship, another ship or any individual;

(vii) pollution, or the potential for such pollution to the environment caused by damage to a ship or ships, or

(b) a very serious marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving—

(i) the total loss of a ship;

(ii) loss of life;

(iii) severe pollution, or

(c) a serious marine casualty, which is an event or sequence of events that has occurred directly by or in connection with the operation of a ship but which does not qualify as a very serious marine casualty, that involves—

(i) fire;

(ii) explosion;

(iii) collision;

(iv) grounding;

(v) contact;

(vi) heavy weather damage;

(vii) ice damage, or a suspected hull defect;

resulting in any of the following—

(aa) the immobilization of the main engines;

(bb) extensive accommodation damage;

(cc) severe structural damage including penetration of the hull under water rendering the ship unfit to proceed;

(dd) pollution;

(ee) a breakdown that necessitates towage or shore assistance, or

(d) a marine incident, which is an event or sequences of events other than those listed in sub-paragraphs (a) to (c) which has occurred directly in connection with the operation of a ship that endangered, or if not corrected would endanger the safety of a ship, its occupants or any other person or the environment.

(2) An accident does not include a deliberate act or omission with the intention to cause harm to the safety of a ship, an individual or the environment.