The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/1743 |
| Year | 2012 |
(1) These Regulations may be cited as the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.(2) These Regulations come into force on 31st July 2012.(3) The Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 (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; ...
- “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; .........
- “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 27th November 1997 as amended at the time of the making of these Regulations;
- F15“IMO Code” means the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) adopted by the IMO by Resolution MSC.255(84) on 16th May 2008;
- “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—
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(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,
- (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;
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(a) any vessel which is—
- “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;
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F17“relevant vessel” means any vessel other than a vessel—
- (a) falling within regulation 4(1) (a) (i) to (iii) ;
- (b) that is a warship;
- (c) that is not propelled by mechanical means;
- (d) that is a wooden vessel of traditional build which is not primarily propelled by mechanical means, including a dhow or junk which is made of wood and provided with sails; or
- (e) that is a fishing vessel of less than 15 metres length overall;
... - “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;
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(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;
- “ship's boat” includes a liferaft, painting punt and any boat normally carried by a ship;
- F18“Substantially Interested State” has the meaning given in the IMO Code;
- “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.
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