After a collision, your second officer says the VDR data can be "tidied up" by restarting the system before investigators arrive. What do you do?

A. VDR TAMPERING — REFUSE ABSOLUTELY AND TAKE CONTROL: The VDR (Voyage Data Recorder — SOLAS V/20) records continuously and overwrites on a 12-hour loop. "Tidying up" (restarting/overwriting the VDR) after a casualty is CRIMINAL EVIDENCE TAMPERING. MASTER'S IMMEDIATE ACTIONS: (1) ORDER THE 2/O NOT TO TOUCH THE VDR: this is a direct order. Document in the log book that the second officer made this suggestion and that you refused; (2) ISOLATE THE VDR: activate the "protected mode" or trip the VDR circuit breaker. This preserves the current recording. Every VDR has a manual protection method — check the VDR manual immediately; (3) RECORD THE TIME: note the exact time the VDR was protected; (4) NOTIFY COMPANY AND P&I: inform DPA that VDR is protected and the attempted suggestion. This creates a contemporaneous record; (5) RESTRICT ACCESS: only the master and (when they arrive) MAIB investigators should have access to VDR data; (6) DO NOT ATTEMPT TO REVIEW VDR DATA YOURSELF: any playback might advance the counter in some systems. Let MAIB specialists handle extraction; LEGAL CONTEXT: tampering with VDR data after a marine accident is: (a) obstruction of justice / perverting the course of justice under English law; (b) potentially a criminal offence under the Computer Misuse Act 1990; (c) destruction of evidence in MAIB investigation (criminal under MAIB Regs 2012 Reg 30); (d) creates an inference of guilt if it ever becomes known. The P&I Club will refuse to provide a defence if evidence tampering is discovered.

B. The second officer has a point. A restart clears minor discrepancies that might confuse investigators. Allow it, but make a note that the VDR was restarted for technical reasons.

C. VDR data belongs to the shipowner. The owner can decide whether to preserve it. Ask the DPA whether to keep or clear the VDR before investigators arrive.

D. In the stress of a casualty, the 2/O was understandably anxious. No action is needed — simply decline the suggestion and continue with more pressing tasks.

A. POST-COLLISION COMMAND — FIRST 60 MINUTES: IMMEDIATE (0-5 MINUTES): (1) SOUND GENERAL ALARM — crew to emergency stations; (2) DAMAGE ASSESSMENT TEAMS: chief officer to assess deck damage, chief engineer to assess engine room/hull; (3) WATERTIGHT INTEGRITY: close all watertight doors, valves, and openings. Prevent progressive flooding; (4) BROADCAST MAYDAY/PAN PAN: Mayday if in immediate danger of sinking; PAN PAN if stable but requiring assistance. VHF Channel 16; (5) CONTACT OTHER VESSEL: establish VHF contact with the other ship. Assess their condition, casualties, damage; (6) REMAIN IN VICINITY: SOLAS V/33 and COLREGs Rule 29 — the master must render assistance to the other vessel's crew if they are in danger. DEPARTING THE SCENE IS A CRIMINAL OFFENCE unless doing so puts own vessel in danger; SHORT-TERM (5-30 MINUTES): (7) FLOODING CONTROL: chief engineer manages ballast/bilge pumps. Assess rate of flooding; (8) CASUALTIES: first aid to injured. Assess if medical evacuation needed; (9) STABILITY: load stability/loadicator — does flooding affect GM? Which tanks can be counter-ballasted?; (10) NOTIFY: owner, DPA, flag state, P&I Club; (11) PRESERVE EVIDENCE: order VDR isolation immediately. No one to alter or erase any navigation records; (12) OFFICIAL LOG: immediate preliminary entry — time, position, weather, events; MEDIUM-TERM (30-60 MINUTES): (13) Assess whether to proceed to nearest port or seek anchorage; (14) Notify port/harbour authority of vessel approaching with collision damage; (15) MAIB notification if required (serious injury, significant damage, oil discharge).

B. Proceed immediately to the nearest port. Reporting the collision to authorities should wait until the vessel is safely alongside and the damage has been fully assessed.

C. Contact only your own company before any other communication. The company will decide which authorities are informed and what is reported.

D. In a collision, the priority is to separate the vessels as quickly as possible and proceed at best speed to a safe anchorage. Contact with the other vessel should be avoided until lawyers are involved.

A. MAIB INVESTIGATION — MASTER'S RIGHTS AND OBLIGATIONS: DUAL AUTHORITY: there are TWO separate bodies present with different powers and purposes: (1) MAIB Inspector (MAIB Regulations 2012): the MAIB investigation is a SAFETY investigation, not a criminal prosecution. Its purpose is to determine causes and prevent recurrence, NOT to apportion blame. However, MAIB can share evidence with prosecutors. MAIB powers under the MAIB Regs 2012: (a) inspect and copy documents; (b) require persons to attend and answer questions; (c) inspect the vessel. MAIB INTERVIEW — YOUR RIGHTS: (i) you have a right to be accompanied by a legal representative; (ii) anything you say in a MAIB interview CAN be shared with MCA enforcement and potentially used in criminal proceedings; (iii) RIGHT TO SILENCE: in England, Wales and Scotland you have a right not to incriminate yourself — BUT the MAIB Regulations 2012 Regulation 29 creates a compulsion to answer. Seek immediate legal advice on this tension; (2) MCA SURVEYOR (Merchant Shipping Act 1995 Section 261): the MCA surveyors are conducting an enforcement/statutory investigation. You have: (a) RIGHT TO REMAIN SILENT — you are not obliged to answer questions that may incriminate you; (b) RIGHT TO LEGAL REPRESENTATION — do not answer questions without your P&I Club lawyer present; (c) RIGHT TO BE INFORMED of the purpose and nature of the investigation. PRACTICAL ADVICE: (i) be courteous and cooperative in access to documents and vessel; (ii) do not refuse access to the vessel; (iii) contact P&I Club lawyers BEFORE any substantive interview; (iv) provide factual documents (log books, VDR data) — these are documents, not testimony; (v) do not volunteer additional information beyond what is requested.

B. MAIB and MCA investigators have identical powers. You must answer all questions fully from both investigators without any right to remain silent.

C. You have no obligation to speak to investigators until the vessel is in your flag state's jurisdiction. Politely ask them to leave the vessel and contact your flag state maritime office.

D. The MAIB is a criminal court. Anything you say will be used against you and you should refuse to speak to them at all without a criminal defence barrister present.