Casualty Investigation Code, 2008 Edition
S$32.89
2008
The MSC adopted a new Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) in May 2008. Relevant amendments to SOLAS Chapter XI-1 were also adopted, to make parts I and II of the Code mandatory from 1 January 2010. Part III of the Code contains related guidance and explanatory material.
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The Code requires a marine safety investigation to be conducted into every “very serious marine casualty”, which is defined as a marine casualty involving the total loss of the ship or a death or severe damage to the environment.
The Code also recommends an investigation into other marine casualties and incidents, by the flag State of a ship involved, if it is considered likely that it would provide information that could be used to prevent future accidents.
The new regulations expand on SOLAS Regulation I/21, which requires Administrations to undertake to conduct an investigation of any casualty occurring to any of its ships "when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable.
The objective of this Code is to provide a common approach for States to adopt in the conduct of marine safety investigations into marine casualties and marine incidents. Marine safety investigations do not seek to apportion blame or determine liability. Instead a marine safety investigation, as defined in this Code, is an investigation conducted with the objective of preventing marine casualties and marine incidents in the future. The Code envisages that this aim will be achieved through States:
.1 applying consistent methodology and approach, to enable and encourage a broad ranging investigation, where necessary, in the interests of uncovering the causal factors and other safety risks; and
.2 providing reports to the Organization to enable a wide dissemination of information to assist the international marine industry to address safety issues.
A marine safety investigation should be separate from, and independent of, any other form of investigation. However, it is not the purpose of this Code to preclude any other form of investigation, including investigations for action in civil, criminal and administrative proceedings. Further, it is not the intent of the Code for a State or States conducting a marine safety investigation to refrain from fully reporting on the causal factors of a marine casualty or marine incident because blame or liability, may be inferred from the findings.
This Code recognizes that under the Organization’s instruments, each flag State has a duty to conduct an investigation into any casualty occurring to any ship flying its flag, when it judges that such an investigation may assist in determining what changes in the present regulations may be desirable, or if such a casualty has produced a major deleterious effect upon the environment. The Code also takes into account that a flag State shall cause an inquiry to be held, by or before a suitably qualified person or persons into certain marine casualties or marine incidents of navigation on the high seas. However, the Code also recognizes that where a marine casualty or marine incident occurs within the territory, including the territorial sea, of a State, that State has a right{ to investigate the cause of any such marine casualty or marine incident which might pose a risk to life or to the environment, involve the coastal State’s search and rescue authorities, or otherwise affect the coastal State.