CASUALTY INVESTIGATION CODE
Question:- State the applicable regulation of SOLAS and MARPOL under which it is mandatory for a flag state to conduct an investigation into any casualty. Write briefly the salient points of casualty investigation code and recommended practices for a safety investigation into a marine casualty or marine incident. What do you understand by the term" very serious marine casualty."
ANSWER:-----Every flag state has to carry out investigation in any casualty occurring on board the ship flying its flag. This responsibility is laid down in various conventions of IMO. Following are the conventions and articles under which above responsibility is laid down:-
1) UNCLOS:- Article 94(7) states that " each state shall cause an inquiry to be held by a suitably qualified person/persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or any other incident involving another state or marine environment."
2) SOLAS 74:- Reg 1/ 21 states that " Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present convention when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable."
3) Article 12 of MARPOL73/78 and article 23 of ILLC also states more or less same as stated in above conventions.
To harmonize the casualty investigation a code was adopted on 27th November 1997 in IMO resolution A849(20) called casualty investigation code.
Lets us see the salient features of the code.
1) Necessity of code:- It was acknowledged that the investigation and proper analysis of marine casualties and incidents can lead to greater awareness of casualty causation and result in remedial measures including better training to enhance safety of life at sea and protection of environment.
It was also recognized that a standard approach and cooperation between governments, to marine casualty and incident investigation is necessary to correctly identify the cause.
2) Objective:- Objective to any marine casualty investigation is to prevent similar casualties in future. Investigations identify the circumstances of the casualty under investigation and establish the cause.
3) Who will do the investigation:-
a) Flag state has to carry investigation in all casualties occurring to its ship.
b) If casualty occurs in territorial sea of a state, then flag state and coastal state should cooperate to maximum extent and mutually decide who will be the lead investigating state.
c) If casualty occurs at high seas then flag state has to carry out investigation. But if the casualty involves other other parties or affects environment of other state, then all substantially interested state should work together and decide who will be the lead investigating state.
4) consultation and cooperation between states:- If casualty has taken place in territorial water of any state then the coastal state should without delay report the matter to flag state.Also if the casualty involves other parties all substantially interested parties to be informed by investigating state.
When two or more states have agreed to the procedure for a marine casualty investigation, the state conducting the investigation should allow representative of the other state to:-
a) Question witness
b) view and examine documents and evidence
c) Produce witness and other evidence
d) Comment on and have their views properly reflected in final report.
e) Be provided with transcripts statement and final report relating to investigation.
5) Recommended practice for safety investigation:-
a) Investigation should be thorough and unbiased.
b) Cooperation between substantially interested states.
c) It should be given same priority as criminal or other investigation.
d) Investigator should have ready access to relevant safety information including survey records held by flag state , owner, class etc.
e) Effective use should be made of all recorded data including VDR in the investigation of casualty.
f) Investigator should have access to government surveyors, coastguard officers, pilot or other marine personnel of respective states.
g) Investigator should take account of any recommendation published by IMO or ILO regarding human factor.
h) Reports of investigation are most effective when circulated to shipping industry and public.
6) Reporting to IMO:- After investigation the lead investigating state should circulate draft report to coastal state and substantially interested state for comments. If no comment is received within 30 days lead state should send the final report to IMO.
Very serious marine casualty means a ship casualty which involves total loss of ship, loss of life or severe pollution.
ANSWER:-----Every flag state has to carry out investigation in any casualty occurring on board the ship flying its flag. This responsibility is laid down in various conventions of IMO. Following are the conventions and articles under which above responsibility is laid down:-
1) UNCLOS:- Article 94(7) states that " each state shall cause an inquiry to be held by a suitably qualified person/persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or any other incident involving another state or marine environment."
2) SOLAS 74:- Reg 1/ 21 states that " Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present convention when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable."
3) Article 12 of MARPOL73/78 and article 23 of ILLC also states more or less same as stated in above conventions.
To harmonize the casualty investigation a code was adopted on 27th November 1997 in IMO resolution A849(20) called casualty investigation code.
Lets us see the salient features of the code.
1) Necessity of code:- It was acknowledged that the investigation and proper analysis of marine casualties and incidents can lead to greater awareness of casualty causation and result in remedial measures including better training to enhance safety of life at sea and protection of environment.
It was also recognized that a standard approach and cooperation between governments, to marine casualty and incident investigation is necessary to correctly identify the cause.
2) Objective:- Objective to any marine casualty investigation is to prevent similar casualties in future. Investigations identify the circumstances of the casualty under investigation and establish the cause.
3) Who will do the investigation:-
a) Flag state has to carry investigation in all casualties occurring to its ship.
b) If casualty occurs in territorial sea of a state, then flag state and coastal state should cooperate to maximum extent and mutually decide who will be the lead investigating state.
c) If casualty occurs at high seas then flag state has to carry out investigation. But if the casualty involves other other parties or affects environment of other state, then all substantially interested state should work together and decide who will be the lead investigating state.
4) consultation and cooperation between states:- If casualty has taken place in territorial water of any state then the coastal state should without delay report the matter to flag state.Also if the casualty involves other parties all substantially interested parties to be informed by investigating state.
When two or more states have agreed to the procedure for a marine casualty investigation, the state conducting the investigation should allow representative of the other state to:-
a) Question witness
b) view and examine documents and evidence
c) Produce witness and other evidence
d) Comment on and have their views properly reflected in final report.
e) Be provided with transcripts statement and final report relating to investigation.
5) Recommended practice for safety investigation:-
a) Investigation should be thorough and unbiased.
b) Cooperation between substantially interested states.
c) It should be given same priority as criminal or other investigation.
d) Investigator should have ready access to relevant safety information including survey records held by flag state , owner, class etc.
e) Effective use should be made of all recorded data including VDR in the investigation of casualty.
f) Investigator should have access to government surveyors, coastguard officers, pilot or other marine personnel of respective states.
g) Investigator should take account of any recommendation published by IMO or ILO regarding human factor.
h) Reports of investigation are most effective when circulated to shipping industry and public.
6) Reporting to IMO:- After investigation the lead investigating state should circulate draft report to coastal state and substantially interested state for comments. If no comment is received within 30 days lead state should send the final report to IMO.
Very serious marine casualty means a ship casualty which involves total loss of ship, loss of life or severe pollution.
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