Casualties
IMO's objectives
The Organization recognizes the importance of marine safety investigations into marine casualties and marine incidents to prevent reoccurrence and to promote maritime safety and prevent pollution. IMO encourages full cooperation between States in the conduct of investigations, the recognition of mutual interest and the exchange of information regarding investigations. The IMO legal framework provides a common and consistent approach for States to adopt in the conduct of marine safety investigations. In this context, marine safety investigations do not seek to apportion blame or determine liability and are conducted with the sole objective of identifying those factors that contributed to the accident such that measures can be established to prevent similar marine casualties and marine incidents in the future. As per its terms of reference, the Sub-Committee on Implementation of IMO Instruments (III) is tasked to consider technical and operational matters related to the analyses of investigations reports into marine casualties and incidents and to maintain an efficient and comprehensive knowledge-based mechanism to support the identification of trends to inform the IMO rule-making process, as appropriate.
General legal framework
Under the United Nations Convention on the Law of the Sea (UNCLOS), article 94 on Duties of the flag State, paragraph 7: "Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation".
Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each Administration undertakes to conduct an investigation into any casualty occurring to ships entitled to fly its flag subject to those conventions and to supply the Organization with pertinent information concerning the findings of such investigations. Article 23 of the Load Lines Convention also requires the investigation of casualties. A similar requirement can also be found in article 7 of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessel, 1977, which has not yet entered into force, regarding the investigation of casualties to fishing vessels.
Over decades, IMO adopted a series of non-mandatory instruments on casualty-related matters in the form of Assembly resolutions, the first of which was resolution A.173(ES.IV) on Participation in Official Inquiries into Maritime Casualties adopted in November 1968. Other resolutions followed including: resolution A.322(IX) on Conduct of Investigations into Casualties adopted in November 1975; resolution A.440(XI) on Exchange of Information for Investigations into Marine Casualties and resolution A.442(XI) on Personnel and Material Resource Needs of Administrations for the Investigation of Casualties and the Contravention of Conventions, both adopted in November 1979; resolution A.637(16) on Co-operation in Maritime Casualty Investigations, adopted in 1989.
These individual resolutions were amalgamated and expanded by the Organization with the adoption of resolution A.849(20) on the non-mandatory Code for the Investigation of Marine Casualties and Incidents, in 1997. Resolution A.884(21) on Amendments to the Code for the Investigation of Marine Casualties and Incidents resolution A.849(20), adopted in November 1999, provided guidelines for the investigation of human factors. The Assembly, at its twenty-eighth session, adopted resolution A. 1075(28) on Guidelines to assist investigators in the implementation of the Casualty Investigation Code (resolution MSC.255(84)), revoking resolutions A.849(20) and A.884(21).
Specific instrument: Casualty Investigation Code
In 2008, IMO adopted resolution MSC.255(84) on International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) and relevant amendments to SOLAS Chapter XI-1 to make parts I and II of the Code mandatory. Part III of the Code contains related guidance and explanatory material.
SOLAS regulation XI-1/6 became effective on 1 January 2010 and expanded on SOLAS regulation I/21, which only required 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 mandatory provisions of the Code now require 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.
Reporting process
Providing IMO with reports on marine casualty and incidents is a treaty obligation for Parties to a number of IMO instruments and the requirement to report is set out in provisions such as SOLAS 1974 regulation I/21, MARPOL articles 8 and 12, LL 1966/1988 article 23 as well as chapter 14 of the Casualty Investigation Code.
Under the above-mentioned mandatory provisions of the Casualty Investigation Code, marine safety investigating State(s) shall submit the final version of marine safety investigation reports to the Organization, for all marine safety investigations conducted into very serious marine casualties. The final marine safety investigation reports shall be made available to the public and the shipping industry.
Where a marine safety investigation is conducted into a marine casualty or marine incident, other than a very serious marine casualty, and a marine safety investigation report is produced which contains information which may prevent or lessen the seriousness of marine casualties or marine incidents in the future, the final version shall be submitted to the Organization.
Reporting to IMO is done electronically through the Global Integrated Shipping Information System (GISIS), which has a Maritime Casualties and Incidents (MCI) module database containing a unique collection of MCI data, as defined by circulars MSC-MEPC.3/Circ.4/Rev.1 . The MCI module, which is accessible to the public, contains all marine safety investigation reports submitted to the Organization and all casualty analyses that have been approved by the III Sub-Committee.
Marine safety investigation reports submitted to IMO are used in the Organization's casualty analysis process, which, in turn, supports the IMO decision-making process. The analyses also provide material for Lessons learned.
Casualty analysis
The III Sub-Committee has a Correspondence Group and a Working Group on Analysis of Marine Safety Investigation Reports dealing with casualty-related matters and, in particular, the process of analysing marine safety investigation reports to identify potential safety issues. If endorsed by the III Sub-Committee, the potential safety issues may be referred to other relevant IMO bodies for further consideration vis-à-vis the effectiveness of international safety standards, as appropriate.
The activity of the groups on casualty analysis is based on the Casualty analysis procedure, which includes a process of analysis of casualty investigation reports, and procedures for evaluating safety issues that need further consideration.
Reporting on casualty investigations provides pragmatic input based on which potential safety issues can be further identified and sent to relevant IMO bodies for appropriate action, such as amendment to, and support to the implementation of, existing regulations, development of new requirements, as well as technical cooperation activities.
Lessons Learned
Lessons Learned are approved by the III Sub-Committee and are circulated in order to increase awareness, in particular, of seafarers for prevention purposes.
Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each Administration undertakes to conduct an investigation into any casualty occurring to ships under its flag subject to those conventions and to supply the Organization with pertinent information concerning the findings of such investigations. Article 23 of the Load Lines Convention also requires the investigation of casualties.
Under the United Nations Convention on the Law of the Sea (UNCLOS), article 94 on Duties of the flag State, paragraph 7, “Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.”
IMO adopted a new Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) when the Maritime Safety Committee (MSC) met in London, for its 84th session in May 2008.
Relevant amendments to SOLAS Chapter XI-1 were also adopted, to make parts I and II of the Code mandatory. Part III of the Code contains related guidance and explanatory material.
The new regulations, entered into force on 1 January 2010 and expand on SOLAS regulation I/21, which only required 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 Code now requires a marine safety investigation to be conducted into every "very serious marine casualty", 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 Organization has encouraged cooperation and recognition of mutual interest through a number of resolutions. The first was resolution A.173(ES.IV) on Participation in Official Inquiries into Maritime Casualties adopted in November 1968. Other resolutions followed including: resolution A.322(IX) on Conduct of Investigations into Casualties adopted in November 1975; resolution A.440(XI) on Exchange of Information for Investigations into Marine Casualties and resolution A.442(XI) on Personnel and Material Resource Needs of Administrations for the Investigation of Casualties and the Contravention of Conventions, both adopted in November 1979; resolution A.637(16) on Co-operation in Maritime Casualty Investigations, adopted in 1989.
These individual resolutions were amalgamated and expanded by the Organization with the adoption of the Code for the Investigation of Marine Casualties and Incidents. Resolution A.884(21) on Amendments to the Code for the Investigation of Marine Casualties and Incidents resolution A.849(20), adopted in November 1999, provided guidelines for the investigation of human factors. The Assembly, at its twenty-eighth session, adopted resolution A. 1075(28) on Guidelines to assist investigators in the implementation of the Casualty Investigation Code (resolution MSC.255(84)), revoking resolutions A.849(20) and A.884(21).
The Sub-Committee on Implementation of IMO Instruments (formerly the Sub-Committee on Flag State Implementation(FSI)) re-established the Correspondence and Working Groups on Casualty Analysis involved in all casualty-related matters and in the process of analysing reports of investigations into casualties received by the Secretariat. The recommendations of the Correspondence and Working Groups are approved by the III Sub-Committee and forwarded to other IMO bodies as appropriate.
The activity of the groups on casualty analysis is based on the Casualty analysis procedure which includes a process of analysis of casualty investigation reports, graphic representation of the typical flow of casualty information, procedures for evaluating safety issues that need further consideration, a graphic representation of the process to validate a safety issue and assignment of estimated risk level and a diagram of the casualty analysis process.
The Global Integrated Shipping Information System (GISIS) includes a Maritime Casualties and Incidents module database, which includes data on Maritime Casualties and Incidents (MCI), as defined by circulars MSC-MEPC.3/Circ.3/Rev.1.
This GISIS module also includes all casualty analyses which were approved by the FSI Sub-Committee for their release to the public on the GISIS module, where they can be accessed. GISIS also includes a Contact Point module where it is possible to search flag State contact points for PSC matters, Casualty investigation services and Ships' inspection services (including Secretariats of Memoranda of Understanding on Port State Control).
The MCI module contains information collected through MSC-MEPC.3/Circ.4/Rev.1, as well as full investigation reports uploaded into the system. Part of this information is accessible to IMO Members only.
Lessons Learned are approved by the III Sub-Committee and are circulated to seafarers in order to increase awareness of seafarers to accidents for prevention purposes.
Reporting to IMO of marine safety investigations and marine casualties and incidents are based on the following IMO instruments:
Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code), 2008 edition (resolution MSC.255(84)), paragraph 14.1, chapter 14 of the mandatory Part II;
Guidelines to assist investigators in the implementation of the Casualty Investigation Code (resolution MSC.255(84) (resolution A. 1075(28));
Safety of fishermen at sea, resolution A.646(16), paragraph 3;
Reports on casualty statistics concerning fishing vessels and fishermen at sea, MSC/Circ.539/Add.2, paragraph 2;
Report on fishing vessels and fishermen statistics, MSC/Circ.753, paragraph 3;
Provision of preliminary information on serious and very serious casualties by rescue co-ordination centres, MSC/Circ.802, paragraph 3;
Guidance on near-miss reporting, MSC-MEPC.7/Circ.7, paragraph 4; and
Casualty-related matters, Reports on marine casualties and incidents, MSC MEPC.3/Circ.4/Rev.1, paragraphs 6 and 8.
The IMO Secretariat worked with the European Maritime Safety Agency (EMSA) for harmonizing reporting procedures with the European Marine Casualty Information Platform (EMCIP) and avoiding duplication of reporting.
Applicable IMO Instruments on Casualty Matters
SOLAS 1974
Chapter I - General Provisions
Regulation 21 Casualties
(a) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable.
(b) Each Contracting Government undertakes to supply the Organization with pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.
Chapter XI-1 – Special measures to enhance maritime safety
Regulation 6 Additional requirements for the investigation of marine casualties and incidents
Taking into account regulation I/21, each Administration shall conduct investigations of marine casualties and incidents, in accordance with the provisions of the present Convention, as supplemented by the provisions of the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine
Incident (Casualty Investigation Code) adopted by resolution MSC.255(84), and:
1 the provisions of parts I and II of the Casualty Investigation Code shall be fully complied with;
2 the related guidance and explanatory material contained in part III of the Casualty Investigation Code should be taken into account to the greatest possible extent in order to achieve a more uniform implementation of the Casualty Investigation Code;
3 amendments to parts I and II of the Casualty Investigation Code shall be adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I; and
4 part III of the Casualty Investigation Code shall be amended by the Maritime Safety Committee in accordance with its rules of procedure.
MARPOL
Article 8 Reports on incidents involving harmful substances
(1) A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention.
(2) Each party to the Convention shall:
(a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and
(b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization.
(3) Whenever a Party receives a report under the provisions of the present article that Party shall relay the report without delay to:
(a) the Administration of the ship involved; and
(b) any other State which may be affected.
(4) Each Party to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Party shall, if it considers it appropriate, report accordingly to the Organization and to any other Party concerned.
Articles 12 Casualties to ships
(1) Each Administration undertakes to conduct an investigation of any casualty occurring to any of its ships subject to the provisions of the regulations if such casualty has produced a major deleterious effect upon the marine environment.
(2) Each Party to the Convention undertakes to supply the Organization with information concerning the findings of such investigation, when it judges that such information may assist in determining what changes in the present Convention might be desirable.
Load Lines 1966/1988
Article 23 Casualties
(1) Each Administration undertakes to conduct an investigation of any casualty occurring to ships for which it is responsible and which are subject to the provisions of the present Convention when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.
(2) Each contracting Government undertakes to supply the Organization with the pertinent information concerning the findings of such investigations. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the ships concerned or in any manner fix or imply responsibility upon any ship or person.
Refer to the following resolutions adopted by the Organization:
Resolution A.1070(28): IMO Instrument Implementation Code (III Code)
Resolution MSC.255(84), as amended by resolution MSC.390(94): Code of the international standards and recommended practices for a safety investigation into a marine casualty or marine incident (Casualty Investigation Code)
Resolution A.1075(28) : Guidelines to assist investigators in the implementation of the Casualty Investigation Code
Resolution A.203(VII) : Recommendation on the conclusion of agreements and arrangements between States on the question of access and employment of foreign seaborne salvage equipment in territorial waters
Resolution A.646(16): Safety of fishermen at sea.
Resolution A.987(24): Guidelines on fair treatment of seafarers in the event of a marine accident.
Resolution A.1056(27): Promotion as widely as possible of the application of the 2006 guidelines on fair treatment of seafarers in the event of a maritime accident
Resolution A.1074(28) : Notification and Circulation through the Global Integrated Shipping Information System (GISIS)
Refer also to:
MSC.1/Circ.539/Add.2: Reports on casualty statistics concerning fishing vessels and fishermen at sea.
MSC.1/Circ.753: Report on fishing vessels.
MSC-MEPC.3/Circ.4/Rev.1: Revised harmonized reporting procedures – Reports required under SOLAS regulations I/21 and XI-1/6, and MARPOL, articles 8 and 12
MSC.1/Circ.802-MEPC/Circ.332: Provision of preliminary information on serious and very serious casualties by rescue coordination centres
MSC-MEPC.6/Circ.6, as amended: National Contact Points for Safety and Pollution Prevention.
MSC-MEPC.7/Circ.7: Guidance on near-miss reporting.
MSC.1/Circ.1015 : Reporting near misses
References to the Voyage Data Recorder (VDR)
Resolution MSC.163(78) as amended by resolution MSC.214(81): Performance standards for shipborne simplified voyage data recorders (S-VDRs)
Resolution MSC.333(90): Adoption of revised performance standards for Shipborne Voyage Data Recorders (VDRs)
MSC.1/Circ.1024: Guidelines on Voyage Data Recorder (VDR) ownership and recovery
SN/Circ.246: Recommended means for extracting stored data from Voyage Data Recorders (VDRs) and Simplified Voyage Data Recorders (S-VDRs) for Investigation authorities.
Others references
Countries Survey Questionnaire: Assist Member States in identifying potential problem areas for carrying out and reporting on an investigation on very serious marine casualties recorded in GISIS since 1 January 2010
In-the-field job aid for investigators: Aide-memoire
Lessons learned English
REPORTING
Reporting to IMO of marine safety investigations and marine casualties and incidents are based on the following IMO instruments:
Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code, 2008 edition (resolution MSC.255(84)), paragraph 14.1, chapter 14 of the mandatory Part II:"The marine safety investigating State(s) shall submit the final version of a marine safety investigation report to the Organization for every marine safety investigation conducted into a very serious casualty."
Safety of fishermen at sea,resolution A.646(16), paragraph 3: "3.URGES the Maritime Safety Committee to consider casualty statistics for fishing vessels and fishermen, as a matter of high priority, in order to develop at a later stage the appropriate amendments to conventions and codes to improve the safety of fishermen at sea;"
3Reports on casualty statistics concerning fishing vessels and fishermen at sea,MSC/Circ.539/Add.2, paragraph 2:"2 Member Government are invited to submit information on casualties referred to above in accordance with the attached format while the FSI Sub-Committee and other relevant sub-committees consider the question of harmonization of the reporting formats and establishment of a single IMO database."
Report on fishing vessels and fishermen statistics,MSC/Circ.753, paragraph 3: "3 The Committee, therefore, invite Member Governments to submit information on casualties to fishing vessels, irrespective of whether the fishing vessels are defined by length of tonnage and the respective fishermen casualties, to enable the FSI Sub-Committee to prepare the relevant database."
Provision of preliminary information on serious and very serious casualties by rescue co-ordination centres,MSC/Circ.802, paragraph 3:"3 The information requested should be forwarded in any forms available but, preferably, in the form of situation reports (SITREPs), as shown in the IMO Search and Rescue Manual, Part 2- chapter 1, annex 2." (see IAMSAR Manual, volume III, Appendix D: Standard Format for Search and rescue Situation Report (SITREP)).
Guidance on near-miss reporting, MSC-MEPC.7/Circ.7, paragraph 4: "4 Member Governments and international organizations concerned are recommended to bring this circular to the attention of all parties concerned."
Casualty-related matters, Reports on marine casualties and incidents,MSC-MEPC.3/Circ.4/Rev.1, paragraphs 6 and 7:"6 Following a very serious marine casualty, where data from a marine safety investigation is to be supplied to the Organization, the marine safety investigating State should submit a marine safety investigation report in addition to the data required in the appendices to this circular."
"7 Investigating States are invited to populate the GISIS MCI module with basic factual data about the casualty as soon as possible after the occurrence."Guide on the process of Reporting a marine casualty and incident to IMO; and Reviewing the analysis of a marine safety investigation report submitted to IMO,which is a user guidance for the Global Integrated Shipping Information System (GISIS) module on marine casualties and incidents.
Guide on the process to Associate interest to a Marine Safety Investigation report, which is regarding how Member States can be associated to a Marine Safety Investigation report previously uploaded into GISIS-MCI.
The reporting to IMO of marine casualties and incidents, including marine safety investigations, is based on the provisions of SOLAS 1974 regulations I/21(b) and XI-1/6, MARPOL articles 8 &12 and LL 1966/1988 article 23 and is presented in more detail in the following IMO instruments and other material:
Code of International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) (resolution MSC.255(84), as amended by resolution 390(94) ), paragraph 14.1, chapter 14 of the mandatory Part II:
“The marine safety investigating State(s) shall submit the final version of a marine safety investigation report to the Organization for every marine safety investigation conducted into a very serious casualty.”Safety of fishermen at sea, resolution A.646(16), paragraph 3:
“3.URGES the Maritime Safety Committee to consider casualty statistics for fishing vessels and fishermen, as a matter of high priority, in order to develop at a later stage the appropriate amendments to conventions and codes to improve the safety of fishermen at sea;”Reports on casualty statistics concerning fishing vessels and fishermen at sea, MSC/Circ.539/Add.2, paragraph 2:
“2.Member Governments are invited to submit information on casualties referred to above in accordance with the attached format while the FSI Sub-Committee and other relevant sub-committees consider the question of harmonization of the reporting formats and establishment of a single IMO database.”Report on fishing vessels and fishermen statistics, MSC/Circ.753, paragraph 3:
“3.The Committee, therefore, invite Member Governments to submit information on casualties to fishing vessels, irrespective of whether the fishing vessels are defined by length of tonnage and the respective fishermen casualties, to enable the FSI Sub-Committee to prepare the relevant database.”Provision of preliminary information on serious and very serious casualties by rescue co-ordination centres, MSC/Circ.802, paragraph 3:
“3 The information requested should be forwarded in any forms available but, preferably, in the form of situation reports (SITREPs), as shown in the IMO Search and Rescue Manual, Part 2- chapter 1, annex 2.” (see IAMSAR Manual, volume III, Appendix D: Standard Format for Search and rescue Situation Report (SITREP)).Guidance on near-miss reporting, MSC-MEPC.7/Circ.7, paragraph 4:
“4 Member Governments and international organizations concerned are recommended to bring this circular to the attention of all parties concerned.”Reporting Near Misses, MSC/Circ.1015, paragraphs 2 and 3:
“2 The Committee noted the necessity of encouraging the reporting of near misses, so that remedial measures can be taken to avoid recurrences.”
“3 In order to promote a no-blame culture, Member Governments are invited to:review their regulatory and safety regime with a view to encouraging the reporting of near misses without fear of reprisal or punitive action;
urge companies operating ships under their flag not to penalize persons reporting near misses; and
urge companies operating ships under their flags to implement procedures by which persons should only report near misses to the designated person or persons and the designated person or persons should only pass on such reports in an anonymous form.”
Casualty-related matters, Reports on marine casualties and incidents, MSC-MEPC.3/Circ.4/Rev.1, paragraphs 6 and 7:
“6 Following a very serious marine casualty, where data from a marine safety investigation is to be supplied to the Organization, the marine safety investigating State should submit a marine safety investigation report in addition to the data required in the appendices to this circular."
“7 Investigating States are invited to populate the GISIS MCI module with basic factual data about the casualty as soon as possible after the occurrence.”This is a user guidance for the Global Integrated Shipping Information System (GISIS) module on marine casualties and incidents.
Guide on the process to associate interest to a Marine Safety Investigation report,. This explains how Member States can be associated to a Marine Safety Investigation report previously uploaded into GISIS-MCI.
Statistics
A marine casualty as defined in paragraph 2.9 of the Casualty Investigation Code:
"2.9 A marine casualty means an event, or a sequence of events, that has resulted in any of the following which has occurred directly in connection with the operations of the ship:
.1 the death of, or serious injury to, a person;
.2 the loss of a person from a ship;
.3. the loss, presumed loss or abandonment of a ship;
.4 material damage to a ship;
.5 the stranding or disabling of a ship, or the involvement of a ship in a collision;
.6 material damage to marine infrastructure external to a ship, that could seriously endanger the safety of the ship, another ship or an individual; or
.7 severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage of a ship or ships.
However, a marine casualty does not include a deliberate act or omission with the intention to cause harm to the safety of a ship, an individual or the environment."
Number of submissions in GISIS MCI and reporting rate from 2010 to 2019
Voyage Data Recorders (VDR)
Passenger ships and ships other than passenger ships of 3000 gross tonnage and upwards constructed on or after 1 July 2002 must carry voyage data recorders (VDRs) to assist in accident investigations, under regulations adopted in 2000, which entered into force on 1 July 2002.
The mandatory regulations are contained in chapter V on Safety of Navigation of the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
Like the black boxes carried on aircraft, VDRs enable accident investigators to review procedures and instructions in the moments before an incident and help to identify the cause of any accident.
VDR requirements
Under regulation 20 of SOLAS chapter V on Voyage data recorders (VDR), the following ships are required to carry VDRs:
passenger ships constructed on or after 1 July 2002;
ro-ro passenger ships constructed before 1 July 2002 not later than the first survey on or after 1 July 2002;
passenger ships other than ro-ro passenger ships constructed before 1 July 2002 not later than 1 January 2004; and
ships, other than passenger ships, of 3,000 gross tonnage and upwards constructed on or after 1 July 2002.
VDRs are required to meet performance standards "not inferior to those adopted by the Organization".
Performance standards for VDRs were adopted in 1997 and give details on data to be recorded and VDR specifications. They state that the VDR should continuously maintain sequential records of preselected data items relating to status and output of the ship's equipment and command and control of the ship. The VDR should be installed in a protective capsule that is brightly coloured and fitted with an appropriate device to aid location. It should be entirely automatic in normal operation.
Administrations may exempt ships, other than ro-ro passenger ships, constructed before 1 July 2002, from being fitted with a VDR where it can be demonstrated that interfacing a VDR with the existing equipment on the ship is unreasonable and impracticable.
Regulation18 of SOLAS chapter V on Approval, surveys and performance standards of navigational systems and equipment and voyage data recorder states that:
"The voyage data recorder (VDR) system, including all sensors, shall be subjected to an annual performance test. The test shall be conducted by an approved testing or servicing facility to verify the accuracy, duration and recoverability of the recorded data. In addition, tests and inspections shall be conducted to determine the serviceability of all protective enclosures and devices fitted to aid location. A copy of a the certificate of compliance issued by the testing facility, stating the date of compliance and the applicable performance standards, shall be retained on board the ship."
Simplified VDRs
The MSC at its 79th session in December 2004 adopted amendments to regulation 20 of SOLAS chapter V (Safety of Navigation) on a phased-in carriage requirement for a shipborne simplified voyage data recorder (S-VDR). The amendment entered into force on 1 July 2006.
The regulation requires a VDR, which may be an S-VDR, to be fitted on existing cargo ships of 3,000 gross tonnage and upwards, phasing in the requirement for cargo ships of 20,000 gross tonnage and upwards first, to be followed by cargo ships of 3,000 gross tonnage and upwards.
The S-VDR is not required to store the same level of detailed data as a standard VDR, but nonetheless should maintain a store, in a secure and retrievable form, of information concerning the position, movement, physical status, command and control of a vessel over the period leading up to and following an incident.
The phase-in is as follows:
To assist in casualty investigations, cargo ships, when engaged on international voyages, shall be fitted with a VDR which may be a simplified voyage data recorder (S VDR) as follows:
in the case of cargo ships of 20,000 gross tonnage and upwards constructed before 1 July 2002, at the first scheduled dry-docking after 1 July 2006 but not later than 1 July 2009;
in the case of cargo ships of 3,000 gross tonnage and upwards but less than 20,000 gross tonnage constructed before 1 July 2002, at the first scheduled dry-docking after 1 July 2007 but not later than 1 July 2010; and
Administrations may exempt cargo ships from the application of the requirements when such ships will be taken permanently out of service within two years after the implementation date specified above.
Los buques de pasaje y los buques que no sean buques de pasaje de arqueo bruto igual o superior a 3000, construidos el 1 de julio de 2002 o posteriormente, deben llevar registradores de datos de la travesía (VDR) para ayudar en las investigaciones de accidentes, de conformidad con las reglamentaciones adoptadas en 2000, que entraron en vigor el 1 de julio de 2002.
Las reglas obligatorias están contenidas en el capítulo V sobre seguridad de la navegación del Convenio internacional para la seguridad de la vida humana en el mar, 1974 (SOLAS). Al igual que las cajas negras que se transportan en los aviones, los VDR permiten a los investigadores de accidentes revisar los procedimientos y las instrucciones en los momentos previos a un incidente y ayudar a identificar la causa de cualquier accidente.
Requisitos de VDR
De conformidad con la regla 20 del capítulo V del Convenio SOLAS sobre registradores de datos de la travesía (RDT), los siguientes buques deben llevar VDRs:
buques de pasajeros construidos el 1 de julio de 2002 o posteriormente;
los buques de pasaje de transbordo rodado construidos antes del 1 de julio de 2002 a más tardar en el primer reconocimiento a partir del 1 de julio de 2002;
los buques de pasaje distintos de los buques de pasaje de transbordo rodado construidos antes del 1 de julio de 2002 a más tardar el 1 de enero de 2004; y
buques, distintos de los de pasaje, de arqueo bruto igual o superior a 3.000 construidos el 1 de julio de 2002 o posteriormente.
Los VDR deben cumplir con estándares de desempeño "no inferiores a los adoptados por la Organización".
Los estándares de desempeño para los VDR se adoptaron en 1997 y brindan detalles sobre los datos que se registrarán y las especificaciones del VDR. Afirman que el RDT debería mantener continuamente registros secuenciales de elementos de datos preseleccionados relacionados con el estado y la salida del equipo del barco y el mando y control del barco. El VDR debe instalarse en una cápsula protectora que sea de colores brillantes y equipado con un dispositivo apropiado para facilitar la ubicación. Debería ser completamente automático en funcionamiento normal.
Las administraciones pueden eximir a los buques, distintos de los buques de pasaje de transbordo rodado, construidos antes del 1 de julio de 2002, de la instalación de un RDT cuando se pueda demostrar que la interconexión de un RDT con el equipo existente en el buque es irrazonable e impracticable.
La regla 18 del capítulo V del Convenio SOLAS sobre aprobación, reconocimientos y normas de funcionamiento de los sistemas y equipos de navegación y registrador de datos de la travesía establece que:
"El sistema de registro de datos de la travesía (RDT), incluidos todos los sensores, se someterá a una prueba de funcionamiento anual. La prueba será realizada por una instalación de prueba o servicio aprobada para verificar la precisión, duración y recuperabilidad de los datos registrados. Además , se deben realizar pruebas e inspecciones para determinar la capacidad de servicio de todos los recintos y dispositivos de protección instalados para ayudar a la ubicación. Se debe conservar una copia del certificado de cumplimiento emitido por la instalación de prueba, que indique la fecha de cumplimiento y las normas de desempeño aplicables. a bordo del barco ".
VDR simplificados
El MSC, en su 79ª reunión en diciembre de 2004, adoptó enmiendas a la regla 20 del capítulo V del SOLAS (Seguridad de la navegación) sobre un requisito de transporte gradual para un registrador de datos de viaje simplificado de a bordo (S-VDR). La enmienda entró en vigor el 1 de julio de 2006.
El reglamento requiere que se instale un VDR, que puede ser un S-VDR, en los buques de carga existentes de arqueo bruto igual o superior a 3.000, introduciendo gradualmente el requisito para los buques de carga de arqueo bruto igual o superior a 20.000 primero, seguido de los buques de carga de Arqueo bruto de 3000 y más.
No se requiere que el S-VDR almacene el mismo nivel de datos detallados que un VDR estándar, pero no obstante debe mantener un almacenamiento, de forma segura y recuperable, de información sobre la posición, movimiento, estado físico, comando y control de un buque durante el período previo y posterior a un incidente.
La introducción progresiva es la siguiente:
Para ayudar en las investigaciones de siniestros, los buques de carga, cuando realicen viajes internacionales, deberán estar equipados con un VDR que puede ser un registrador de datos de viaje simplificado (S VDR) como se indica a continuación:
en el caso de los buques de carga de arqueo bruto igual o superior a 20 000 construidos antes del 1 de julio de 2002, en el primer dique seco programado después del 1 de julio de 2006, pero a más tardar el 1 de julio de 2009;
en el caso de los buques de carga de arqueo bruto igual o superior a 3.000 pero inferior a 20.000 arqueo bruto construidos antes del 1 de julio de 2002, en el primer dique seco programado después del 1 de julio de 2007 pero no más tarde del 1 de julio de 2010; y
Las administraciones pueden eximir a los buques de carga de la aplicación de los requisitos cuando dichos buques se pongan fuera de servicio permanentemente dentro de los dos años posteriores a la fecha de implementación especificada anteriormente.
Reporting Marine Casualty, Injury Or Accident
Reports of marine casualty, accident, personal injury, or loss of life may be made on forms obtained from the Commissioner or a Deputy Commissioner of Maritime Affairs. The following hyperlinks to the form are provided by the Administration for your convenience. These forms meet the initial minimum requirement for reporting a marine casualty to the Administration.
Pursuant to Liberian Maritime Regulation 9.257, please note the following reporting requirements.
Reports of Marine Casualties. The owner or Master of a Liberian vessel involved in a marine casualty shall immediately advise the Commissioner or Deputy Commissioner by the fastest means possible, including telephone or other means of electronic communication, and shall promptly thereafter forward a report thereon, signed by the Master or highest available officer or ship’s representative, to the Commissioner or a Deputy Commissioner of Liberia Maritime Authority whenever the casualty results in any of the following:
Actual physical damage to property in excess of $100,000.00;
Material damage affecting the seaworthiness or efficiency of a vessel;
Stranding or grounding;
Loss of life;
Injury causing any persons to remain incapacitated for a period in excess of 72 hours; or
Correction of unsafe condition of occupational Accidents On-board as provided in Liberian Maritime Regulation 10.296(9).
Form of Initial Reports. The report shall include the following information:
Name and official number of the vessel;
Type of vessel;
Name and address of the owner;
Date and time of the casualty;
Exact locality of the casualty, the nature of the casualty and the circumstances under which it took place;
If the casualty involves collision with another vessel, the name of such other vessel shall be provided;
Where the casualty involves personal injury or loss of life, the names of all persons injured or whose lives are lost shall be provided; and
Where damage to property is involved, the nature of the property damaged and the then estimate of the extent of the damage shall be supplied.
Retention of Voyage Records. The persons in charge of any vessel involved in a marine casualty referred to in Paragraph (1) above shall retain for two years, or until otherwise instructed by the Commissioner or a Deputy Commissioner, the complete records of the voyage upon which the casualty occurred, as well as any other material which might reasonably be of assistance in the investigation and determination of the cause and scope of the casualty. These persons shall make all such records and materials available, upon request, to the Commissioner, a Deputy Commissioner, the Chairman of a Marine Board of Investigation, or a designated Investigating Officer.