Page 15 - Collision Avoidance Rules Guide

to any parties who are criticized and any representations they make are
considered before the report is finalized. The report may be published
and the Secretary of State must order publication if the report relates
to a serious casualty to a UK ship or if it appears that to do so will
improve safety of life at sea and help to prevent accidents in the future.

Formal investigation
The Secretary of State for Transport may decide that a formal inves-
tigation should be held into the circumstances and causes of a colli-
sion, conducted by a wreck commissioner assisted by one or more
assessors. The wreck commissioner is a person of wide experience in
maritime law; the assessors in collision cases are usually certificated
masters with at least two years’ experience in command and a wide
knowledge of modern aids to navigation. The formal investigation
will normally be held in public.
The main purpose of a formal investigation is to determine the cause
of the collision in the interests of safety of life at sea but a charge may
be made against individuals if this may help to bring about the avoid-
ance of future casualties. All parties to the investigation may be
represented by counsel. The Attorney General and other parties
may produce witnesses who may be examined, cross-examined and
recalled if necessary. After the examination of witnesses all parties
may address the wreck commissioner upon the evidence.
The wreck commissioner has the power to cancel or suspend the cer-
tificates of ships’ officers, and may in addition, order the parties con-
cerned to contribute to the costs of the investigation. After a formal
investigation held in May 1964 the masters of the vessels Hudson Firth
and Canopic were each ordered to pay E525 towards the costs.
After the investigation concerning a collision between The Lady
Gwendolen and the Freshjield the master of The Lady Gwendolen
was ordered to pay &250 towards the expenses of the investigation
and his certificate was suspended for six months.
‘Reports of Courts’, concerning formal investigations are published
by Her Majesty’s Stationery Office and are put on sale to the public.

Admiralty Courts
After a collision has occurred an action may be brought to recover
damages. An action may be brought in the country of either the

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