A Handy Summary to MGN 564 on Marine Casualty and Marine Incident Reporting.
A Quick break from SOLAS V posts to look at a new important M Notice from the UK MAIB.
The UK MAIB has recently issued a new M Notice MGN 564(M + F) on Marine Casualty and Marine Incident Reporting. This explains what accidents and near misses needs to be reported to the Marine Accident Investigation Branch.
Recommend sources of information
- Click here to download the M Notice>
- Click here for the UK MAIB website>
- Click here for the associated UK legislation>
The M Notice
What ships are required to report incidents?
- A UK ship
- A ship is within UK waters and carrying passengers to/from the UK
- The marine casualty or marine incident occurs within the jurisdiction of a UK harbour master
Which other organisations are required to report incidents?
- Harbour authorities, for occurrences in or adjacent to their harbour area
- The person, authority or body having responsibility for an inland waterway
Which vessels do not have to report?
- Recreational craft hired on a bareboat basis
- Commercial craft or boats <8m length overall that are operating in a harbour or on an inland waterway, which are not carrying passengers
- Unless the marine casualty involves an explosion, fire, or capsize of a power driven vessel, or results in death, serious injury or severe pollution
A pleasure vessel (though notifications are welcomed).
The definition of a pleasure vessel is covered later in this post.
What has to be reported?
- Marine casualties
- Marine incidents
What is a marine casualty?
- An event or sequence of events that occurred directly in connection with the operation of a ship, and resulted in:
- A serious injury to, a person that renders the person unable to perform their usual duties for greater 72 hours, or requires their admittance to a hospital / medical facility for greater than 24 hours
- The loss of a person from a ship
- The loss, presumed loss or abandonment of a ship.
- Material damage to a ship. This means the structural integrity, performance or operational characteristics of the ship or infrastructure are significantly affected, and requires major repair or replacement of a major component or components
- The ship being unfit to proceed, or requires flag state approval or a condition of class before it may proceed
- At sea, a breakdown of the ship, requiring towage.
- The stranding or disabling of a ship, or the involvement of a ship in a collision
- Material damage to marine infrastructure external of a ship that could seriously endanger the safety of the ship, another ship or any individual
- Pollution, caused by damage to a ship or ships
What is a marine incident?
A marine incident means an event, or sequence of events, which occurred directly in connection with the operation of a ship, that do not meet the criteria to be classified as a marine casualty but that endangered or, if not corrected would endanger, the safety of the ship, its occupants or any other person or the environment.
Examples of marine incidents include:
- Close-quarters situations where urgent action was required to avoid collision.
- Any event that had the potential to result in a serious injury.
- A fire that did not result in material damage.
- An unintended temporary grounding on soft mud, where there was no risk of stranding or material damage.
- A person overboard who was recovered without serious injury.
- Snagging of fishing gear resulting in a dangerous heel
What is not to be reported?
There is no requirement to report:
- Defects to equipment and vessel detentions, unless they are related to a marine casualty or marine incident
- Injuries to passengers that did not result from activities connected with the operation of the vessel. For example: a passenger suffering a fall on board a ship, where the ship’s movement, design, or acts or omissions by crew were not contributing factors
- Damage or injuries occurring ashore, including the quayside, which do not involve the ship’s equipment
- A deliberate act or omission that is intended to cause harm to the safety of a ship, an individual (e.g. assault, suicide or homicide) or the environment
When is the report to be made?
All marine casualties and marine incidents must be notified to the MAIB as soon as practicable by the quickest means available. Notification must not be delayed until the completion of an internal company investigation.
How is the report to be made?
- By telephone to MAIB’s 24 hour accident reporting line.
- By submitting an Accident Report Form (ARF)
What is a pleasure vessel?
A vessel which is:
Wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner
Owned by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or their immediate family or friends
Is on a voyage which the owner is not paid for.
The Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 contains more details and explanation of a pleasure vessel.
Incident reporting and SOLAS
What SOLAS regulation requires accident investigation?
SOLAS 1 Regulation 21 requires each Administration 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.
What is the Casualty investigation code?
This is a code that Administrations must follow when investing marine incidents. It is introduced by SOLAS Chapter XI-1, Regulation 6 -Additional Requirements for the Investigation of Marine Casualties and Incidents.