The Merchant Shipping (Accident Reporting and Investigation) Regulations 1999

Interpretation

2.—(1) For the purposes of these Regulations and of section 267 of the Act, “ accident” means any contingency caused by an event on board a ship or involving a ship whereby–

(a) there is loss of life or major injury to any person on board, or any person is lost or falls overboard from, a ship or a ship’s boat;

(b) a ship–

(i) causes any loss of life, major injury or material damage;

(ii) is lost or is presumed to be lost;

(iii) is abandoned;

(iv) is materially damaged by fire, explosion, weather or other cause;

(v) grounds;

(vi) is in collision;

(vii) is disabled; or

(viii) causes serious harm to the environment;

(c) any of the following occur–

(i) a collapse or bursting of any pressure vessel, pipeline or valve;

(ii) a collapse or failure of any lifting equipment, access equipment, hatch-cover, staging or boatswain’s chair or any associated load-bearing parts;

(iii) a collapse of cargo, unintended movement of cargo or ballast sufficient to cause a list, or loss of cargo overboard;

(iv) a snagging of fishing gear which results in the vessel heeling to a dangerous angle;

(v) a contact by a person with loose asbestos fibre except when full protective clothing is worn; or

(vi) an escape of any harmful substance or agent;

if the occurrence, taking into account its circumstances, might have been liable to cause serious injury or to cause damage to the health of any person.

(2) In these Regulations–

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

“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; in the case of judicial proceedings or an application for disclosure made in Scotland means the Court of Session;

“disabled” means not under command for a period of more than 12 hours, or for any lesser period if, as a result, the vessel needs assistance to reach port;

“grounds” means making involuntary contact with the ground, except for touching briefly so that no damage is caused;

“hazardous incident” means any event, other than an accident, associated with the operation of a ship which involves circumstances indicating that an accident nearly occurred;

“IMO” means the International Maritime Organization;

“incapacity” means inability to undertake the full range of activities normally undertaken;

“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 investigation of a particular accident includes any person appointed to investigate that accident under regulation 6;

“major injury” means

(a)

any fracture, other than to the fingers, thumbs or toes;

(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; or

(f)

any other injury–

(i)

leading to hypothermia or to unconsciousness,

(ii)

requiring resuscitation, or

(iii)

requiring admittance to hospital or similar for more than 24 hours or if at sea requiring confinement to bed for more than 24 hours;

“pleasure vessel” has the meaning given to it by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(1);

“serious injury” means any injury, other than a major injury, to a person employed or carried in a ship which occurs on board or during access which results in incapacity for more than three consecutive days excluding the day of the accident, or as a result of which the person concerned is put ashore and the ship sails without that person, unless the incapacity is known or advised to be of three consecutive days or less, excluding the day of the accident;

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

“United Kingdom ship” means 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.

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

(4) Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given:

(a) by delivering it to that person;

(b) by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;

(c) by sending it to him by post at that address; or

(d) by sending it to him at that address by telex, facsimile, or other means which produces a document containing a text of the communication, or by electronic mail.

(1)

S.I. 1998/2771.