The Marine Accident Investigation Procedures

Original Language Title: Jūras negadījumu izmeklēšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/151847

Cabinet of Ministers Regulations No. 49 in Riga in 2007 (January 9. 3. § 11) marine accident investigation order Issued in accordance with the maritime administration and the Maritime Security Act 50. the fourth part of article i. General questions 1. maritime accident (accident) investigates the equestrian order. The accident investigation to public joint stock company "Latvian maritime administration" (hereinafter referred to as the marine Administration) crash investigation would Division (hereinafter examination).
2. the meaning of these provisions: 2.1 investigation leading the country-a country which assumes control of the investigation of the case by mutual agreement with the accident investigation substantially interested State;
2.2. substantially interested State, a State that meets at least one of the following conditions: 2.2.1. ship flying its flag has been involved in an accident;
2.2.2. in waters under its jurisdiction are the accident happened;
2.2.3. jurisdiction the accident in waters have suffered significant damage to the environment;
2.2.4. in the case of its citizens do not have died or sustained serious injuries;
2.2.5. it is important information that is used in the investigation of the accident;
2.2.6. any other important reasons can lead to investigation of a leading public interest.
3. Accidents shall be divided into the following categories: 3.1. particularly serious accident – not the case died in a ship, a man lost his life or result in major environmental pollution (oil spill more than 10 tonnes);
3.2. the severe accident-incident which are not qualified as a very serious accident and the cause of the fire, explosion (explosion), incorrect cargo or ballast operations, ship-to, contact inoculation, a collision with another vessel or object or other reasons related to the operation of the ship, and the consequences of which are: 3.2.1. hull damage (such as leak), main engine damage (for example, stopping for a period longer than 24 hours (passenger ship, longer than 12 hours)) stability loss, equipment damage, which required tugs the ship or shore staff assistance, the vessel lost its seaworthiness for a period longer than 24 hours (passenger ship, longer than 12 hours);
3.2.2. maritime pollution (oil spills, with less than 10 tonnes);
3.2.3. the serious personal injury suffered by the people;
3.3. less serious accident-incident which is not classified as serious or particularly serious accident and after which the ship due to damage affects its seaworthiness or that the vessel lost seaworthiness for a period not longer than 24 hours (passenger ship – not more than 12 hours);
3.4. incident: any event which during the operation may expose the ship, people on it, as well as the surrounding environment to a potential accident risks;
3.5. serious injury-injury suffered by a person in relation to their activities on the ship and after which the seven days of incapacity, causing longer than 72 hours.
4. Accident investigation aims to find out the circumstances of the accident and causes, as well as to develop safety recommendations to improve maritime safety.
II. The accident investigation 5. Following receipt of the information about the accident investigation branch is investigating the incident if it happened: 5.1 with ships registered in the register (hereinafter referred to as the Latvian ship);
5.2. the territorial and internal waters (waters of Latvia) and if the accident involving a ship with the flag of another country, and by mutual agreement with the competent national authorities of Latvia has become accident investigation leading the country.
6. Investigation Department can participate in the investigation if an accident happened on board the ship outside waters of Latvia and Latvian citizens have been victims or citizens or accident affects the interests of Latvia.
7. The case of particularly serious accident, serious incident or accident of the person involved made a serious injury, the maritime administration shall immediately notify the State police, but, if environmental pollution occurred, the national environmental service for marine and inland waters administration. The accident investigation under these rules.
8. If the matter very serious accident with particularly serious consequences (such as the death of many people, very significant damage to the environment), the Ministry of transportation after the recommendations of the maritime administration shall establish a Commission of inquiry of the accident. The Commission's composition according to the type of accidents include the various maritime sectors and, if necessary, other industries (for example, environmental services) professionals.
9. If the port is in human injury or died because of the rules of conduct (such as fight) following the accident investigated by the competent investigating authority. Chapter Officer of the investigation in this case, at the request of the investigating authority in the course of the investigation, provide advice on matters of maritime professional.
10. If happened less severe accident or incident investigation, the maritime administration may delegate the shipowner (operator, Manager, charterer) who, after completion of the investigation materials be transferred incident to the marine administration.
11. If the accident involving a ro-ro ferry or high-speed passenger craft is it given the danger signal, the accident investigated by the competent institution of the State in whose waters the accident happened. If the accident occurred on the high seas, it investigates the competent institution of that State where the last ship visited.
12. the investigation division was investigating the accident, if it includes only: ships of war 12.1. military transport ship;
12.2. the official service;
12.3. without mechanical engine, primitive wooden ship, built for sailing yachts and motor yachts, unless they have been delivered to the crew and is not used for more than 12 passengers for commercial;
12.4. navigating vessels inland waters;
12.5. the fishing vessels with a length of less than 24 metres;
12.6. a fixed oil platform at sea;
12.7. vessels withdrawn from the running.
III. Reporting on the accident 13. About the incident, which happened in Latvian waters, the owner or his authorised representative, or any person who has information about the incident, reported by the laws of the maritime administration, and maritime security.
14. For the accident, which happened in the jurisdiction of another State or another country in the waters of the port, the master or his authorised representative shall immediately report to the Ambassador of Latvia (Consul) in the country, as well as the competent institution of that State, and the Latvian maritime administration.
15. For the accident, which happened to the Latvian vessel on the high seas, the master or his authorised representative shall immediately notify the shipowner and the maritime administration of Latvia.
IV. Information, documents and evidence acquisition, preservation of evidence 16. The investigation section of the investigation at the request of the Inspector, the master, owner or operator, Captain of the port or the accident witness gives all accident investigations for the necessary information and evidence.
17. The master of the vessel after the accident completed and with other materials submitted to the investigation section of the investigation the following documents – the captain's report on marine accidents (annex 1), data on the person (annex 2) and an explanation of the witness (annex 3). These documents shall be submitted on paper or in electronic form.
18. For the accident, which happened with the foreign port or vessel on the high seas, the master or his authorised representative shall immediately take the original investigation and the investigation of materials submitted to the Department of investigation.
19. After the accident, the ship's captain immediately saves the materials necessary for the investigation and evidence: information on navigational charts, records all logs, electronic and magnetic recordings, videos, flight data reģistrētājiekārt (voyage data recorders) (hereinafter referred to as reģistrētājiekārt (GDR)) records as well as any other information related to the accident.
20. the master does not allow changes that rule 19 the investigation referred to in paragraph requires materials and evidence, as well as the ship's log and other documents overwriting.
V. Department of investigation rights and duties of inspectors 21. Accident investigation section of the investigation officer shall have the following rights: 21.1. come to the accident site, get the master or his authorised person's original investigation materials, if necessary, request additional information, documents, testimonies, interviewing crew members and other personnel related to the operation of the ship, as well as any other person that may contribute to accident investigations;
21.2. checking the vessel involved in the accident at the plant and equipment, as well as any other accidental objects that are outside the ship;
21.3. interviewing persons involved in the accident and the accident witnesses, to make video and audio recordings;

21.4. If the accident is due to the movement of vessels or the traffic in that port vessel traffic service is equipped with radar equipment, automatic identification system or other technical equipment, require the accident-related audio and video recordings. The captain of the port concerned retain such records and submit them to the Department of investigation officer.
22. at the time of the accident investigation section of the investigation officer shall have the following responsibilities: 22.1. collaborate with the coast guard to receive the automatic identification system records the ship maneuvers and other accident-related information;
22.2. to cooperate with other national institutions, to perform the required inspection (e.g. technical) or obtain another accident investigation information.
Vi. Intergovernmental cooperation in marine casualty investigation 23. If Latvia by agreement with the other competent authorities of the country have become accident investigation leading the country, the Administration agreed with the investigation based on interested national competent institution of investigation coordination, not to create obstacles to the availability of witnesses and evidence. The maritime administration shall be responsible for the following: 23.1. leading investigators of the accident;
23.2. the overall strategy of the investigation;
23.3. the rules referred to in paragraph 32 of the report, reflects a substantially interested in ļoj the national interest.
24. the maritime administration that provision referred to in paragraph 32 of the draft report of the evaluation copy to reasonably interested national competent institution. If necessary, the maritime administration shall take into account the legitimate interest of the country notes or comments, by appropriate changes, if they are in accordance with the opinion of the report on the accident.
25. If agreement on a consistent message between accident investigation involving the competent authorities cannot be reached, substantially interested State competent authority can prepare your attachment or independent reports that accompany the accident investigation leading to a national report.
26. If, after the accident, which happened to the Latvian vessel outside the waters of Latvia after Latvia national competent institution arrangement has become accident investigation substantially interested State, Latvia as a flag State is obliged to cooperate with the investigation of accidents in the leading national competent institution.
27. This provision of the marine administration 26. in the case referred to in paragraph shall be entitled to participate in the investigation of an accident at any stage of the investigation, and the investigation department, inspectors have the right to: 27.1. to interview witnesses of the accident;
16.9. take action on the accident investigation the necessary documents (such as extracts, copy materials);
16.3. to perform other necessary actions (such as expertise) associated with the accident investigation.
28. If the investigation of the accident, it is necessary to read the information from the Board of reģistrētājiekārt (GDR), the maritime administration shall cooperate with the owner of the ship, which is in possession of relevant information readout equipment. The owner is obliged to provide all necessary support to the investigation, the Department's inspectors (GDR) reģistrētājiekārt data acquisition and reading.
29. If the owner of the vessel has no reģistrētājiekārt (GDR) of the registered data of reading equipment or information it is not possible to read the other reasons, the maritime administration shall cooperate with the competent authorities of a country that has a corresponding reģistrētājiekārt (VDR) data reading equipment.
VII. confidentiality 30. Report the accident information obtained in the course of an investigation (witness statements, explanatory notes, photographs, audio or video footage and other evidence) uses only the accident investigation, and it is confidential (except for the information that you add to a report on the accident).
31. information on persons involved in the accident, unless compelled by law enforcement institutions of Latvia, is not disclosed. Confidential information is: all witness provided 19.3. evidence and other statements, accounts and notes taken or received by the marine casualty investigation;
31.2. the documents revealing the identity of persons who have given evidence in the investigation;
31.3. medical or other laws protected fixed data on persons involved in the accident or incident.
VIII. Report on the accident investigation After 32. particularly serious and severe accident investigation completion of the investigation officer or the Department-8. these provisions in the case referred to in paragraph – the Ministry of transport in the Inquiry Commission created according to the International Maritime Organization laid down shall draw up a report on the accident. The following message (abbreviated format) can be executed also for less severe accident investigation, if the nature of the accident and the investigation can contribute to improving maritime safety. The accident report does not include information that identifies the persons involved in the accident. The report consists of the following sections: 32.1. Summary of the facts, which includes information about the accident, the news about the vessel, its cargo or equipment, owner (operator), crew, flight details, the weather, the chronology of events, information about those involved in accidents the coast;
32.2. the analysis, which included individual parts that analyzes each stage an accident, providing comments on the investigation during the inspections, tests or inspections in the results achieved and the findings, as well as the necessary safety measures to prevent accidents in the future;
32.3. the opinion that summarizes the identified contributing factors of the accident, the flaws (material, functional, professional, or other discrepancies), the prevention of which develop safety recommendations;
32.4. the safety recommendations resulting from previous sections (analysis and opinion) and relating, for example, to the following areas: legislation, procedures, inspection, management, health and safety, crew training, technical maintenance, shore activities, response to emergency situations. Safety advice relating to the recipients who are able to implement them (vessel owners, operators, maritime authorities, port authorities, the masters of the vessel traffic management services, emergency services, the International Maritime Organization and the European Union's maritime authorities) to avoid similar accidents in the future;
32.5. the attachment that the paper or electronic format and accompanied by a report which contains photos, video, audio, reģistrētājiekārt (GDR) transcript data, automatic identification system records, ship navigation, maps, copies of the drawing conclusions on previously investigated similar accidents, accidents in the views of the parties on the draft report, the report used technical terms, and abbreviations, explanations, instructions and other information.
33. the investigation division is investigating the incident and a report on the accident shall be made within 12 months after the accident. If the investigation of the accident is not likely to be completed within 12 months, shall draw up a preliminary report on the accident.
34. In the course of the investigation report on the accident sent the parties to the accident potential comments regarding clarification of or addition to the project. After an update message is received, the investigation department, the inspector shall draw up a final report on the accident. If the parties to the accident's views on the report are contrary to the opinion of the report, to be included in the annex.
35. After the accident investigation report about the accident (copy) sent to the parties involved in the accident, indicating the security recommendations and specific period of time, in which case the party not to take the security measures referred to in the recommendations.
36. If, after the investigation of the accident revealed new facts that materially changes the results of the investigation and report on the content, the accident investigation and further complements the report on the accident or re-accreditation accident investigation and draw up a new report on the accident.
37. the report on the accident sea is accessible to the public administration's website on the internet. If the accident is of a criminal nature, maritime authorities by mutual agreement with the appropriate authority of the investigation report on the accident will not be published until you have completed the criminal or other investigations. By publishing a message, it will not be included in annex VII of this chapter.
38. The report on the extremely serious incidents that happened to the Latvian vessel: 38.1. According to the maritime safety Committee and the marine environment protection Committee Circular 3/1 and the requirements of the International Maritime Organisation and arrangements on a message sent to the International Maritime Organization;
38.2. the European maritime safety agency the leading document in the order sent to the European Maritime Safety Agency (the European Maritime Safety Agency) Department-the European maritime accident database (European marine Casualty Information Platform).
Prime Minister a. Halloween traffic Minister a. shlesers Editorial Note: rules shall enter into force on 24 January 2007.
 
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