The Merchant Shipping (Accident Reporting and Investigation) Regulations 1994

Duty to Report Accidents, Dangerous Occurrences and Serious Injuries

5.—(1) Subject to paragraphs (2), (3) and (6) below, when an accident occurs the master shall send a report to the Chief Inspector as soon as is practicable by the quickest means available, and in any case not later than 24 hours after the ship next arrives at a port.

(2) Where a ship is lost or presumed lost or is abandoned, then such a report shall be sent by the owner, the master, or a senior surviving officer as soon as is practicable by the quickest means available.

(3) Subject to paragraph (6) below, the master shall report every serious injury or dangerous occurrence to the Chief Inspector within fourteen days of its happening or, if the ship is at sea, within fourteen days of her arrival at the next port of call.

(4) A report made to a Marine Office of the Department of Transport or to HM Coastguard shall be regarded as complying with this regulation.

(5) The master shall, so far as is reasonably practicable, ensure that the circumstances of every accident involving death or major injury, every serious injury and every dangerous occurrence are examined. The owner or master shall on request provide the Chief Inspector with a report, in addition to any report made under the preceding paragraphs of this regulation, giving the findings of such examination and stating any measures taken or proposed to prevent a recurrence.

(6) This regulation shall not apply—

(a) to an accident as defined in regulation 2(1)(a) or a serious injury as defined in regulation 2(2) when the person killed or injured is a stevedore or shore-based worker and the accident or serious injury occurs in a port or shipyard in the United Kingdom; or

(b) to a dangerous occurrence which occurs in a shipyard in the United Kingdom.

(7) No report made under this regulation shall be admissible in evidence against the maker in any proceedings except proceedings in pursuance of regulation 16(1).