4/7/23

MSA related and other

Matters for Class 1
1. Investigations and Inquiries,
2. Classification of ships,

S. G. Deshpande March 2023

Compiled and developed by Subhash G. Deshpande for Class 1
07/04/23 students 1

Investigations & Inquiries

• Flag State
• Port State
• Company
• Ship

Compiled and developed by Subhash G. Deshpande for Class 1

07/04/23 students 2

Sources of info. on casualties &

investigation reports
MAIIF Marine Accident Investigator’s International
Forum
MAIB Marine Accident Investigation Branch (UK)

NTSB National Transportation Safety Board (USA)

DGS Directorate General Of Shipping (India)

GISIS Global Integrated Shipping Info. System (IMO)

AMSA Australian Maritime Safety Authority (Australia)

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Flag State obligations to investigate

Source Purpose of Investigation
UNCLOS Jurisdiction

SOLAS Learn and change, amend

conventions, codes,
recommendations
ILO Convention Safety of persons
Prevent injury & death
MSA Punishment, censuring, COC
cancellation etc.
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Investigations and Inquiries

• As per Article 94 of the UNCLOS, flag state has to carry out inquiry into marine casualty.
• Also under SOLAS regulation I/21, Load Lines Convention article 23 and MARPOL articles
8 and 12, each Administration undertakes to conduct an investigation into any casualty
occurring to ships under its flag.
• As per SOLAS 1/21 , relevant part of investigation conclusion /analysis is to be sent to
IMO by Administration.
• The Indian Administration conducts Investigations and Inquires into marine casualties in
accordance with Part XII of the Indian Merchant Shipping Act, 1958 .
• Primary aim of a marine casualty investigation is to gather information that could be
used to prevent future accidents.
• An investigation may also assist in determining what changes in the present regulations
might be desirable.
• The Indian Directorate promulgates the ‘lessons learnt’ from such investigations through
its website, in order to increase awareness of the stakeholders about marine casualties
and to enhance prevention. (As Casualty reports or as M.S.Notices)

Compiled and developed by Subhash G. Deshpande for Class 1

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Investigations and the CIC (Casualty Investigation Code)

• The Code of International Standards and Recommended Practices for
a Safety Investigation into a Marine Casualty or Marine
Incident (Casualty Investigation Code) requires a marine safety
investigation to be conducted into every “very serious marine
casualty” .
• Very Serious Casualty is defined as a marine casualty involving the
total loss of the ship or a death or severe damage to the environment.
• The Code also recommends an investigation into other marine
casualties and incidents, by the flag State of a ship involved, if it is
considered likely that it would provide information that could be used
to prevent future accidents.

Compiled and developed by Subhash G. Deshpande for Class 1

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At least check out these points from the Code

• 1.1 (First 5 lines)
• 1.2
• 1.3 (First 5 lines)
• 2.0
• 4.1/4.2 etc. definitions
• 4.5 What is “causes” of a casualty?
• 5.1.8
• 12.3

Compiled and developed by Subhash G. Deshpande for Class 1

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Q. From March 2018 paper

1. How does Indian Administration conduct inquiries and
investigations into shipboard casualties on foreign ships visiting its
ports?
(i). Elaborate with the mention of relevant international codes and relevant
sections of the M.S.Act 1958.
(ii) Define Marine casualty.
(iii) What does the Marine Safety Investigation report consist of and how is
relayed to the IMO by the member state responsible conducting this
investigation.

2018/MAR

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07/04/23 students 8

Flag State - India

• MSA section 359 : Preliminary Inquiry
• MSA section 360 : Formal Investigation
• “Arcadia Pride” 1997
• Question of secrecy ?
• No specialized investigation unit. Inquiry duties are
performed by competent officers of the DGS.

Compiled and developed by Subhash G. Deshpande for Class 1

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MSA – Part XII - ACCIDENTS & CASUALTIES

• If a shipping casualty occurs, the Master, the Pilot or the person in-charge of the
ship at the time of the casualty is required to give notice of this casualty to
officers appointed by the government under Section 358 (2) of the M.S. Act.
• The proper officers appointed by the government are notified in the official
gazette.
• Investigations & Enquiries - Preliminary inquiry: - When an officer appointed
under the Act receives information about the Shipping casualty, he is required to
conduct a Preliminary inquiry into the accident.
• The purpose of the preliminary enquiry is to establish the following:-
a) a shipping casualty has occurred within the meaning of the act,
b) the details of the voyage leading to the casualty
c) The events that led to the casualty
d) The extent to which loss of life or loss of property has occurred due to the shipping casualty.
e) The causes that led to the casualty including acts of incompetency, negligence or misconduct
of the person / persons concerned.
• The preliminary inquiry which is held under Section 359 of the M.S. Act is a
departmental inquiry and the proceedings of such enquiries are not released to
the public.
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MSA - Part XII

1. The Indian Administration conducts Investigations and Inquires into
marine casualties in accordance with Part XII of the Indian
Merchant Shipping Act, 1958
2. Defn. of Marine Casualty ( section 358 of MSA)
3. P.I. Preliminary Inquiry
4. F.I. Formal Investigation
5. Example of Arcadia Pride
6. The Directorate promulgates the ‘lessons learnt’ from such
investigations through its website, in order to increase awareness of
the stakeholders about marine casualties and to enhance
prevention.
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Marine Safety Investigation Report

a summary outlining basic facts;

.2 the identity of the flag State, owners, operators, etc;
.3 relevant details of the ship, description of the crew, work
routine, etc;
.4 a narrative detailing the circumstances of the marine casualty or
incident;
.5 analysis and comment on the causal factors including
mechanical, human and organizational factors;
.6 a discussion of the marine safety investigation’s findings,
including the identification of safety issues, and the conclusions
of the investigation: and
.7 where appropriate, recommendations to prevent future marine
casualties and marine incidents

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P.I. – How is it done?

When conducting the preliminary inquiry, the inquiry officer has to
1. To inform the central government and the state government concerned where
necessary of the details of the shipping causalities occurring within their
jurisdiction.
2. To go on board the Ship and inspect the same including machinery and equipment
but not unnecessarily detaining or delaying her from proceedings on any voyage.
3. to enter and inspect any premises to facilitate the completion of the preliminary
inquiry.
4. To summon persons he thinks fit to take statement to complete the preliminary
inquiry.
5. To demand the production of all logbooks, documents or papers he considers
necessary for the inquiry.
6. To submit a report to the central government.

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F.I. – how is it done?

• Formal investigation: when it appears that the event leading to a ship
casualty, demands a formal investigation by the court, the DGS ( under
powers from Section 360 of M.S.A) may direct the same to be held.
• On receipt of the order of the DGS the proper officer shall make an
application to the court as empowered under Section 361.
• The objective of the court empowered under Section 361 is not to punish
anyone who may have been at fault but to throw light on the cause of the
causality and to consider steps to prevent such causalities in future.
• Only first class Magistrates are empowered to conduct these formal
investigations.
• The courts are assisted by assessors possessing the requisite technical
knowledge and are independent of all the interest concerned.
• The assessors are appointed by the court from the list which is maintained
by the DGS.

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F.I. continued
• Cancellation of COC etc. Where formal investigation appears to
involve any question regarding cancellation or suspension of
Certificate of Competency of Master, Mate or Engineer, the court
shall be assisted by not less than 2 assessors having the requisite
experience in Merchant Marine Service.
• Any other interested parties may be permitted to appear at
investigation and become a party to the proceedings.
• On the appointed time and place, the court can proceed with
investigation, whether the parties upon whom notices of investigation
have been served are present or not.

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F.I. continued
Report of the court.
1. Unless the cancellation or suspension of any officers' certificate is not involved, the
court need not tell its decision in open court.
2. It may send or deliver to the parties a copy of the report as required by Section 369 of
the M.S. Act to be transmitted to the central government.
3. The court should submit its report to the central government in duplicate.
4. Where the cancellation of suspension of officers certificate of Competency is involved,
the court may deliver its decision in open court and also send or deliver to the parties
a copy of the report to be transmitted to the central government.
5. When the certificate is suspended and the court has recommended that a certificate
of lower grade should be issued, the same shall be issued by the DGS through the
Principal Officer concerned .
6. Powers to cancel Certificate of Competency. The Certificate of competency may also
be cancelled by central government under provision of Section 377 of the M.S. Act.

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Port State obligations to investigate

• Jurisdiction related (Territorial Sea)
• Pollution (Intervention : EEZ)
• Criminal (Internal waters, Terr. Sea)
• Accidents involving lives & property

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Coastal State Powers

• Evoikos and Orapin Global collision in 1999
• Both tankers transiting Singapore Straits
• One master jailed for two months
• Other one censured . Both warned for negligent navigation.
• (Pollution investigation had not even started)

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Company’s obligations to investigate

(Ch. IX of ISM Code)
• Company is obliged to analyse accidents
• Company to take Corrective actions
• Keep track of Industry casualties (Even if not involving company ships)
• Thereby continuously improve safety management skills of those on
board & those ashore

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IACS - PR- Procedural Requirements

Purpose of PR 17
• The purpose of this Procedural Requirement is to ensure that the Organisation
responsible for the SMS audit of the ship is notified when deficiencies that may
affect the proper implementation of the safety management system are identified
by a surveyor.

Scope of PR 17
• PR 17 is a IACS procedure for classification societies. It is for reporting on
deficiencies possibly affecting the implementation of the ISM Code on board
during class and statutory surveys by classification surveyors .
• It concerns deficiencies relating to possible SMS failures and the subsequent
action to be taken.

Application of PR 17
This procedure applies to all cases of Classification Societies’ involvement in
classing the ship and/or being responsible for the SMS audit of the ship in issuing
the SMC.
07/04/23
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students

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More on Report
• Report to be made when deficiencies possibly affecting the
implementation of the ISM Code on board relating to possible safety
management system failures are identified by the surveyor during a
(1) periodical (Annual/Intermediate/Special) Class Survey
(2) occasional Class Survey,
(3) statutory Surveys,
(4) additional surveys relevant to Port State Control,
(5) Flag State Inspections or any other occasion
• The Classification Society shall internally document implementation
of PR17, regardless if deficiencies have been found (for example
“Deficiencies reported under PR17: Yes/No”).

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To be reported by the surveyor

i) Deficiencies relating to technical conditions which may lead to the
limitation, suspension or withdrawal of a Class or Statutory Certificate;

ii) Deficiencies relating to deviation from operational requirements;

iii) Deficiencies relating to deviation from requirements for documentation

and reporting;

iv) Other deficiencies which may seriously affect the safety of ship,
personnel or the environment.

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Report follow up
• Report to be made to the surveyor’s Class. Society office.
• Class. Society will decide if it affects SMS.
• If no, then report is to be filed for internal info.
• If yes, then it has to be sent to (1) Class. Society who did the SMS
audit (2) Flag state of ship
• The surveyor must inform the master or Company representative that
this may be communicated to the Organisation responsible for the
issue of the SMC audit of the ship as specified in the CSR.

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Operational deficiencies
• Accidents and hazardous occurrences not reported to the Company.
• Crew not able to satisfactorily conduct practical demonstrations of
shipboard operations, such as starting the fire pump, emergency
generator, lifeboat engine, etc.
• Crew not able to communicate effectively in the execution of their
duties.
• Inability of crew to perform satisfactorily mandatory drills such as fire
drills, LSA drills, pollution prevention drills, etc.

Compiled and developed by Subhash G. Deshpande for Class 1

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