The Merchant Shipping (Accident Investigation)Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to section 33 of the Merchant Shipping Act 1988, which relates to the investigation of marine accidents. They define the accidents to which they apply; set out the purpose of investigation; lay down requirements for accidents to be reported; and make provisions for the ordering and conduct of investigations.

The more serious accidents (as defined) must be reported to the Chief Inspector of Marine Accidents, either directly or through a Department of Transport Marine Office or HM Coastguard. (A Merchant Shipping Notice will be issued giving further information on reporting). Any accident may be investigated if it involves a ship registered in the United Kingdom or any other ship in UK waters, and provision is made for the investigation of accidents to non-United Kingdom ships, outside UK waters, at the discretion of the Secretary of State. The Regulations apply to fishing vessels as well as to other ships; they also apply to pleasure craft except that such craft are excluded from the reporting requirements, as are lifeboats operated by the Royal National Lifeboat Institution.

Hazardous incidents, defined broadly as incidents having the potential to lead to accidents, may also be investigated.

On learning of an accident or hazardous incident, the Chief Inspector may call for such information as he considers necessary from the owner or master of the ship concerned, who must provide it to the best of his ability, before he decides whether an investigation by an inspector is required. If such an investigation is to be carried out, it shall be conducted as the inspector considers will best assist its aims, subject to his statutory powers which are laid down in section 27 of the Merchant Shipping Act 1979. The inspector’s findings, analysis and conclusions are to be submitted to the Chief Inspector, with any recommendations he thinks appropriate.

In serious or important accidents, the Chief Inspector may order an Inspector’s Inquiry, at the conclusion of which he is to submit a report to the Secretary of State, which must include the inspector’s findings and his own observations. This report may, and in certain cases must, be published but safeguards are provided to prevent publication before any further legal proceedings under the Merchant Shipping Acts (which might be prejudiced by premature release of the report) are taken, or in other cases before a person who is adversely criticized in the report has the opportunity to rebut such criticism.

Provision is also made for the production of summary reports of all investigations.

Penalties are laid down for unreasonable failure to report an accident, to provide information, or to keep relevant documents and equipment for an inspector’s scrutiny. Penalties for obstructing an inspector or otherwise impeding his investigation are laid down in section 28 of the Merchant Shipping Act 1979.