Maritime Questions › Collision Invest Master
Immediately after your vessel grounds in a channel, describe the comprehensive evidence preservation steps you take before investigators arrive.
A. Only the chart and log book need to be preserved. VDR and electronic records are automatically preserved by the system and do not require any special action.
B. After grounding, plot a position and restart ECDIS to a clean state for the salvage operation. Investigators can work from the company's records.
C. Evidence preservation is MAIB's responsibility. The master should focus on the vessel's condition and leave evidence to investigators.
D. NAVIGATIONAL EVIDENCE PRESERVATION — POST-GROUNDING: TIME IS CRITICAL — evidence deteriorates or overwrites automatically. Actions within the first 30 minutes: (1) VDR PROTECTION: immediately switch VDR to protected mode (or circuit breaker). The VDR records: bridge audio; AIS data; radar images; course/speed; rudder angle; GPS position. Without protection, recordings are lost within 12 hours of loop completion; (2) RADAR/ECDIS: preserve radar recordings and ECDIS track by screenshot or printout. Note the exact time of grounding on the ECDIS display; (3) CHART: if using paper chart — DO NOT ERASE or alter any pencil lines or fixes. The working chart is evidence. If ECDIS-primary, print the voyage track; (4) OFFICIAL LOG BOOK: make a contemporaneous entry noting: (a) time and date; (b) position (lat/lon); (c) weather and sea conditions; (d) tidal state; (e) course and speed at time of grounding; (f) personnel on watch; (g) any other relevant observations; (5) BELL BOOK / SMOOTH LOG: preserve the bridge rough log (bell book) showing helm orders, engine movements; (6) ENGINE ROOM RECORDS: telegraph movements, RPM records; (7) AIS DATA: note that AIS transmissions are recorded by coastal receivers — this data will be recovered by investigators regardless. Ensure your own AIS records match; (8) COMMUNICATIONS: log all radio communications (VHF16 transmissions, GMDSS logs); (9) WEATHER RECORDS: print or note barometric pressure, wind speed, visibility records; (10) PERSONNEL STATEMENTS: with lawyer's advice, factual statements from watch officers may be taken — but this should be guided by legal counsel to avoid self-incrimination; (11) PHOTOGRAPH: take photographs of the bridge, chart, and instrument settings (with time stamp).
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A. 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.
B. 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).
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.
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A. 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.
B. MAIB and MCA investigators have identical powers. You must answer all questions fully from both investigators without any right to remain silent.
C. 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.
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.
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