UK Marine Accident Investigation Regulations 2005

September 2006

The new Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 came into force on 18 April 2005. The Regulations apply to accident investigations carried out by the UK's Marine Accident Investigation Branch onboard all ships in United Kingdom territorial waters and onboard British-registered ships anywhere in the world.

The MAIB is responsible for the investigation of all types of marine accidents. It is an independent branch of the Department of Transport and its sole objective is the prevention of future accidents by establishing cause and circumstances. Evidence gathered by MAIB is not used in enforcement or prosecution proceedings.

Key points of the new Investigation Regulations 2005 are:-

• There is a broader definition of the people and organisations who are obliged to report accidents.
• The Regulations now define a "preliminary examination" which is the first step before the Chief Inspector decides whether to commission and publish a full report. 
• MAIB inspectors have the power:- 
  • to exclude from an interview any person they have substantial reason to believe is hampering the investigation; 
  • to ensure that a ship, crew and evidence remain accessible to the MAIB until their investigation has been completed. 
• Evidence gathered by the MAIB is kept in confidence and that MAIB reports may not be used in judicial proceedings without the consent of the court. 
• A "closed loop" recommendation system has been introduced which requires named parties to respond to MAIB recommendations within a specified period. 

Further details of the regulations can be found on the MAIB website at www.maib.gov.uk  (under the heading "Resources") and in Marine Guidance Notice (MGN) 289 on the Maritime & Coastguard Agency website at www.mcga.gov.uk.

 

With thanks to Eamon Moloney of Eversheds for preparing this article.