Following a fatal accident on board, a MAIB inspector arrives. What are your obligations and what is the difference between MAIB and police cooperation requirements?

A. MAIB INVESTIGATION — MASTER's OBLIGATIONS: MAIB LEGAL FRAMEWORK: the Marine Accident Investigation Branch investigates under the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012. The MAIB's sole purpose is SAFETY — not prosecution. COOPERATION OBLIGATIONS: (1) MANDATORY COOPERATION: under Regulation 21 of the 2012 Regulations, persons in possession of evidence relating to a marine accident MUST: (a) preserve evidence; (b) cooperate with the investigation; (c) answer questions; (d) provide access to all relevant documents, records, equipment, and places; (2) DOCUMENT PRESERVATION: VDR data, ECDIS track, bell book, log books, working charts, phone records — DO NOT DELETE, OVERWRITE, or MODIFY any records; (3) VDR EVIDENCE: the MAIB inspector has authority to retrieve VDR data. Tampering with VDR data is a criminal offence (Computer Misuse Act 1990 and MSA 1995); PROTECTION FROM PROSECUTION: (a) Regulation 27: information disclosed in statements to MAIB shall not be used in criminal proceedings against the person who provided the information; (b) This is a SIGNIFICANT protection — it encourages open cooperation with MAIB safety investigations; (c) However: physical evidence (documents, VDR, logs) is NOT protected by Reg 27 — these can be seized by police independently; POLICE/MCA PARALLEL INVESTIGATION: (a) If there is a fatality, police will also investigate as a potential criminal investigation; (b) Before making a statement to police — seek legal advice; (c) The Reg 27 protection does NOT extend to police or MCA criminal investigations.

B. You have the right to decline MAIB cooperation until legal advice is obtained. MAIB investigators have advisory powers only — they cannot compel cooperation.

C. Cooperate equally with both MAIB and police. Both investigations have the same purpose and the same protections apply to statements made to either authority.

D. The MAIB and police investigations should be treated as one integrated inquiry. Give one full statement covering all facts — the same statement applies to both.

A. A formal investigation can only result in a formal warning. The MCA has no power to cancel or suspend a master's certificate without a criminal court conviction.

B. A Section 61 formal investigation is the same as a MAIB investigation. The MCA and MAIB conduct joint investigations and share their conclusions.

C. Cooperate fully with the investigation without legal representation. Withholding evidence or refusing to answer questions makes you appear guilty.

D. MCA FORMAL INVESTIGATION S.61 MSA 1995: WHAT IS A FORMAL INVESTIGATION?: a Formal Investigation is the most serious level of MCA inquiry into a casualty. It is conducted by a Wreck Commissioner or a judge sitting with nautical assessors. It is a public inquiry with powers to: (a) compel witnesses; (b) examine documents; (c) cancel or suspend certificates of competency. CONTEXT: formal investigations are reserved for the most serious incidents — significant loss of life, major environmental damage, or cases where there is specific question of whether a certificated officer committed misconduct. The MAIB conducts parallel SAFETY investigations (the purpose is to prevent recurrence — not apportion blame). The MCA formal investigation is specifically aimed at determining accountability. MASTER'S RIGHTS: (1) RIGHT TO LEGAL REPRESENTATION: the master (and any other person whose certificate is at risk) has the right to be legally represented throughout the investigation. A P&I Club will typically fund qualified maritime law counsel. DO NOT appear before a formal investigation without legal representation; (2) RIGHT TO SEE THE CASE: the MCA must provide the master with the evidence they intend to rely on; (3) RIGHT TO CALL WITNESSES: the master can call their own witnesses and cross-examine the MCA's witnesses; (4) PRIVILEGE AGAINST SELF-INCRIMINATION: as the formal investigation has criminal overtones — seek legal advice on your rights to decline to answer specific questions; (5) OUTCOME OPTIONS: the investigation can: (a) cancel or suspend the CoC; (b) censure the master; (c) dismiss the case; (d) take no further action.

A. CoC SUSPENSION — APPEAL RIGHTS AND IMMEDIATE ACTIONS: IMMEDIATE ACTIONS — DO BEFORE APPEAL DEADLINE: (1) CONTACT P&I CLUB/LAWYER IMMEDIATELY: suspension decisions have fixed appeal timeframes. Missing the appeal deadline can forfeit your right to appeal. Do not wait; (2) OBTAIN THE FORMAL INVESTIGATION REPORT: the report must state the reasons for suspension. These reasons will form the basis of your appeal; (3) ASSESS GROUNDS FOR APPEAL: grounds for appeal may include: (a) the investigation was procedurally unfair; (b) key evidence was not considered; (c) the finding of fact was not supported by the evidence; (d) the sentence (suspension period) was disproportionate; (e) new evidence has emerged; APPEAL ROUTE — UK: (a) First appeal: to the Divisional Court (Queen's Bench Division — Admiralty). Must be filed within 7 days of the formal investigation decision; (b) Further appeal: to the Court of Appeal; (c) Grounds are legal and factual; (d) Successful appeals can result in the finding and/or sentence being set aside; INTERIM PERIOD DURING APPEAL: (a) The suspension takes effect immediately unless the court grants a STAY; (b) You can apply to the court for a stay of the suspension pending appeal. The court will consider: strength of the appeal grounds; prejudice to the master (inability to work); public interest in maintaining safety; (c) With a stay granted — the master may continue to work as master pending the appeal outcome. PARALLEL EMPLOYMENT LAW CLAIMS: if the suspension results in termination of employment — separate employment law claims may arise. The shipowner may be required to maintain contractual pay during any suspension depending on the SEA.

B. A suspended certificate cannot be appealed. The formal investigation decision is final and must be accepted.

C. Apply to the MCA directly for reconsideration. The MCA can reverse the formal investigation decision through an internal administrative review.

D. A suspended master's certificate does not prevent service as Chief Officer. Continue to sea as Chief Officer until the suspension expires.