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Maritime Regulations Ch.07 |
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MARINE CASUALTIES AND OFFENCES AND MARINE INVESTIGATIONS
| 34. |
(1) |
The owner or
Master of a vessel involved in a marine casualty shall immediately forward a
report thereon, signed by the Master or highest available officer or ship's
representative, to the Commissioner or a Deputy Commissioner whenever the
casualty results in any of the following: |
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(a) |
Actual physical damage
to property in excess of $50,000; |
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(b) |
Material damage
affecting the seaworthiness or efficiency of a
vessel; |
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(c) |
Stranding or grounding; |
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(d) |
Loss of life; or |
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(e) |
Injury causing any
persons to remain incapacitated for a period in excess of 72 hours. |
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(2) |
A report
provided for in sub-section (1) shall set forth: |
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(a) |
the Name and Official
Number of the vessel; |
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(b) |
the type of vessel; |
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(c) |
the name and address of
the owner; |
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(d) |
the date and time of
the casualty; |
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(e) |
the exact locality of
the casualty; |
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(f) |
the nature of the
casualty and the circumstances under which it took
place; |
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(g) |
if the casualty
involved a collision with another vessel, the name of such other vessel; |
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(h) |
where the casualty
involved personal injury or a loss of life, the names of all persons injured or
whose lives were lost; |
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(i) |
where damage to
property is involved, the nature of the property damaged and an estimate of the
extent of the damage. |
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(3) |
The persons
in charge of any vessel involved in a marine casualty referred to in sub-section
(1) 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 be of assistance in
investigation and determination of the cause and scope of the casualty, and they
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. |
| 35. |
(1) |
The
Commissioner or a Deputy Commissioner, upon receipt of information of a marine
casualty or offence, may institute such investigation as may be necessary to
determine as closely as possible the cause or any contributing causes of the
casualty or circumstances of the offence, and whether there has been any act of
misconduct, inattention to duty, or negligence upon the part of any licensed or
certificated person, or violation of law or regulation, so that appropriate
action may be taken. |
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(2) |
(a) |
It is the
duty of all owners of vessels to cooperate with the Commissioner, Deputy
Commissioners or persons appointed by them, in the formal or informal
investigation of marine casualties or offences and to produce, when called upon,
witnesses in their employ and relevant books, papers, documents and other
records in their possession, and to permit the Commissioner, Deputy commissioner
or their appointees to board and examine vessels and their appurtenances. |
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(b) |
In the event
of failure of owners or their representatives to cooperate fully in any marine
investigation, any or all of the following consequences may result, with respect
to the vessel directly involved or to any other vessel of the same ownership: |
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(i) |
revocation or
suspension of the Certificate of Registry; |
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(ii) |
refusal to issue a
Certificate of Cancellation or otherwise to give the consent of the Government
of Vanuatu to a transfer of ownership or
registry; |
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(iii) |
refusal to accept
registration or reregistration under the Act; |
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(iv) |
at the discretion of
the Commissioner a penalty not exceeding
$100,000. |
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(3) |
(a) |
It is the
duty of all holders of licenses of competence or other certification issued to
mariners under the Act or Orders thereunder to cooperate with the Commissioner,
Deputy Commissioners, or persons appointed by them, in the formal or informal
investigation of marine casualties or offences, to attend any hearings to which
they may be summoned, to testify orally or in writing or to produce when called
upon, relevant books, papers, documents and other records in their possession,
and to permit the Commissioner, Deputy Commissioners, or their appointees, to
board and examine vessels and their
appurtenances. |
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(b) |
In the event
of failure of holders of licenses or other certification to cooperate fully in
any marine investigation, any or all of the following consequences may result: |
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(i) |
suspension or
revocation of the licenses or other certification
held; |
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(ii) |
refusal to renew or
reissue any licenses or other certification held, before or after expiration; |
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(iii) |
at the discretion of
the Commissioner a penalty not exceeding $10,000. |
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(4) |
(a) |
The
Commissioner or a Deputy Commissioner, or other persons appointed by them as
Investigating Officers, shall where appropriate make a preliminary investigation
under sub-section (1) to determine the matters specified therein, or to
determine whether there ought to be a formal investigation of the casualty or
offence. |
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(b) |
In connection
with any preliminary investigation, the Commissioner, Deputy Commissioners or
investigating officers may collect evidence, interview witnesses, examine
relevant papers, documents and records, board and examine vessels or equipment
and visit the scene of the casualty or offence. |
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(5) |
(a) |
A formal
investigation of a marine casualty or offence may be made by the Commissioner or
a Deputy Commissioner or an investigating officer appointed by either; or, where
the casualty or offence is considered by the Commissioner to be of a major
character, he may order to be convened a Marine Board of Investigation, and he
may appoint three or more members thereof, designating one as Chairman. |
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(b) |
In any formal
investigation, the Commissioner, Deputy Commissioners, investigating officers or
Chairman of a Marine Board of Investigation shall have power to set hearings,
administer oaths, require the attendance of witnesses, require persons having
knowledge of the subject matter of the investigation to answer written
interrogatories, require the production of relevant evidence including but not
limited to books, papers, documents, and records, rule upon the nature and
admissibility of evidence, board and inspect vessels and their appurtenances,
and visit the scene of the casualty or offense. |
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(c) |
Prior notice
of any formal hearing; specifying the date, time, place, and subject matter,
shall be given by public announcement or otherwise to all the following: |
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(i) |
known parties directly
affected; |
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(ii) |
interested parties; |
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(iii) |
interested States. |
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(d) |
An
investigating officer or Chairman of a Marine Board of Investigation may, in his
discretion, admit the public, interested parties or their representatives, and
interested States by official representatives or observers to any formal
hearing; and he may equally, where matters of confidentiality or questions of
public security arise, preclude such persons temporarily or otherwise. |
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(e) |
An
investigating officer or Chairman of a Marine Board of Investigation may, in his
discretion, put or permit to be put to witnesses such questions pertinent to the
subject of the inquiry as may be offered by interested parties or States or
their representatives; parties directly affected shall be permitted to put such
questions to any witness. |
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(f) |
An
investigating officer or Chairman of a Marine Board of Investigation may, in his
discretion, permit parties directly affected to produce and introduce relevant
evidence or testimony of witnesses, and permit such parties or their counsel to
argue any relevant contentions, either orally or by way of memorandum. |
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(g) |
A record
shall be made of the proceedings of any formal
hearing. |
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(6) |
(a) |
When the
proceedings of any investigation under this Chapter have been terminated, there
shall be a written report to the Commissioner setting forth findings,
conclusions, and any recommendations for appropriate
action. |
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(b) |
Where an
investigation has been carried out by investigating officers or a Marine Board
of Investigation appointed by the Commissioner, the report shall be forwarded to
the Commissioner together with the investigation
file. |
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(c) |
Where an
investigation has been carried out by investigating officers appointed by a
Deputy Commissioner, the report shall be submitted to that Deputy Commissioner,
who may add comments, and shall then be forwarded to the Commissioner together
with the investigation file. |
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(7) |
(a) |
Upon
receiving an investigation report, the Commissioner
may: |
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(i) |
adopt the report and
carry out its recommendations, if any; or |
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(ii) |
call for further
investigation; or |
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(iii) |
where a report
recommends the suspension, revocation or cancellation of any license,
certificate, permit, or other document issued by Vanuatu, review the evidence,
adopt or modify all or part of the report and take any appropriate action. |
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(b) |
In aid of his
decision, the Commissioner may call for further written argument on any point at
issue which written argument shall become a part of the investigation file. |
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(8) |
Where it is
established to the satisfaction of the Commissioner or a Deputy Commissioner
that a Marine Offence has been committed the Commissioner or Deputy Commissioner
shall impose such penalties as he deems appropriate taking account of all the
circumstances as established by the investigation subject only to the provisions
as to penalties in the Act or this Order. |
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(9) |
The
commissioner may, in his discretion, and subject to such conditions as he may
impose, release or cause to be published any records, reports, documents,
evidentiary matter or official statements pertaining to a marine investigation,
or any portions thereof, unless such is considered confidential by the
Government of Vanuatu for any reason including public
security. |
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Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated August 22, 2008 |
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