Page 14 - Collision Avoidance Rules Guide

COLLISIONS AND THE COURTS

Reporting a collision
If a United Kingdom ship becomes involved in a collision a report
must be made by the master and sent to the Chief Inspector of Marine
Accidents or made directly to a Marine Office of the Department of
Transport or to HM Coastguard. When a ship is lost such a report
must be made by the owner, master or senior surviving officer.

Preservation of evidence
The owner and master must, so far as is possible, ensure that all charts,
log books and other records and documents which might reasonably be
considered pertinent to a collision be kept and no alteration made to
entries therein. Any equipment which might be considered pertinent
to a collision must so far as is practicable be left undisturbed.
The above requirements apply until notification is received that no
investigation is to take place or until the inspector carrying out the
investigation no longer requires such evidence.

Investigation of a collision

If a collision occurs within UK territorial waters or if a UK ship
is involved in a collision elsewhere or possibly in certain other
circumstances the Marine Accident Investigation Branch (MAIB)
may hold an investigation. The extent of the investigation depends
upon the circumstances. In some minor cases the Chief Inspector may
decide that the initial report provides enough information and that no
further action is needed. For more serious accidents there is likely to
be an investigation by an Inspector, which in a major case may take
the form of an Inspector’s Inquiry. If an Inspector’s Inquiry is ordered
public notice is given and written representations are invited.
The purpose of an investigation is to determine the circumstances
and causes of the collision with the aim of improving the safety of
life at sea and the avoidance of future accidents. The purpose is not
to apportion liability or blame. Following an investigation the Chief
Inspector submits a report to the Secretary of State. The draft is sent

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