Answer By law4u team
Reporting maritime casualties promptly and accurately is vital to ensure maritime safety, investigate causes, and prevent future incidents. In India, specific procedures governed by maritime laws and regulations outline how ship owners, masters, and relevant personnel must notify authorities about accidents, injuries, or losses at sea.
Procedure for Reporting a Maritime Casualty in India
Immediate Notification to Local Authorities
Upon occurrence of a maritime casualty (collision, grounding, fire, explosion, loss of life, or pollution), the ship's master or agent must immediately inform the nearest port authority, coastal guard, or relevant local maritime office.
Report to the Directorate General of Shipping (DGS)
A detailed written report of the casualty must be submitted to the Directorate General of Shipping under the Ministry of Ports, Shipping and Waterways within 24 hours of the incident.
Submission of Accident Report
The report should include:
- Details of the ship and voyage
- Nature and circumstances of the casualty
- Information about any loss of life or injury
- Pollution or environmental damage, if any
- Actions taken after the casualty
Preservation of Evidence
The ship’s crew and owners are required to preserve evidence, documents, and the condition of the vessel to aid investigations.
Investigation by Authorities
The DGS or appointed maritime safety authorities conduct an investigation to determine the causes and recommend preventive measures.
Compliance with International Obligations
India follows international conventions such as SOLAS (Safety of Life at Sea) and MARPOL (Marine Pollution), requiring timely reporting and cooperation in casualty investigations.
Additional Points
Search and Rescue Coordination: If life is at risk, immediate assistance is coordinated through the Indian Coast Guard and other rescue agencies.
Port State Control: Relevant port authorities may detain or inspect vessels involved in casualties to ensure compliance with safety norms.
Legal Implications: Failure to report a casualty as required may lead to penalties under the Indian Merchant Shipping Act, 1958.
Example
Scenario:
A merchant vessel collides with another ship near the Mumbai port, causing damage and minor injuries.
Steps to be Taken:
Immediate Communication: The master informs Mumbai Port Authority and Coast Guard immediately after the collision.
Written Report: Within 24 hours, a detailed report is submitted to the Directorate General of Shipping outlining the incident.
Preserve Evidence: The vessel's crew preserves logbooks, voyage data recorder (VDR) recordings, and other evidence.
Investigation: The Directorate General of Shipping initiates an inquiry, coordinating with port authorities and the Coast Guard.
Follow-up: Recommendations for safety improvements and possible legal actions are issued based on investigation findings.
