Following a fog collision (no fatalities, but serious damage to both vessels), a Formal Investigation is ordered under the Merchant Shipping Act. As master, how do you prepare?

A. FORMAL INVESTIGATION PREPARATION — MASTER: A Formal Investigation under the Merchant Shipping Act 1995 Section 268 is a statutory inquiry conducted before a Wreck Commissioner (typically a High Court judge) with legal representation for all parties. PREPARATION: (1) LEGAL REPRESENTATION: engage a specialist maritime solicitor immediately (through the P&I Club). The Club will appoint a lawyer — but you may also want independent personal representation if your interests could diverge from the company's; (2) EVIDENCE PRESERVATION: ensure VDR data, deck logs, rough log, chart corrections, ARPA records, maintenance logs, rest hour records, certificate of competency copies, and all relevant documentation are preserved and copies made; (3) PERSONAL STATEMENT: prepare a detailed written account of events — while memories are fresh. Times, decisions, reasoning, communications. This is for legal preparation only — do NOT submit without lawyer review; (4) UNDERSTAND THE PROCESS: the Formal Investigation examines: (a) The facts of the casualty; (b) The cause; (c) Whether any officer/seaman is at fault; (d) Whether the CoC of any officer should be cancelled or suspended; (5) CoC SUSPENSION: the Formal Investigation can suspend or cancel your Certificate of Competency. This is separate from any criminal prosecution; (6) RIGHT TO CALL WITNESSES: you have the right to give evidence and call witnesses. Use this right with your lawyer's guidance; (7) MAIB REPORT: the MAIB investigation report (if completed) will be evidence. The MAIB report cannot be used in criminal proceedings but CAN be used in a Formal Investigation.

B. The company's P&I lawyer represents both the company and the master in Formal Investigations. No personal preparation is required — attend when summoned.

C. Formal Investigations are conducted in private and are not judicial proceedings. No legal preparation is needed and the master is not entitled to legal representation.

D. Admit all facts immediately at the Formal Investigation — cooperation reduces penalties and demonstrates good character. No formal legal preparation is necessary.

A. COMMAND DECISION — 100M VISIBILITY: 100m visibility is extreme — visibility less than the vessel's own length. THE CORRECT DECISION: this vessel should NOT proceed into the Dover Strait TSS in 100m visibility. REASONING: (1) RULE 6 SAFE SPEED: a 200m tanker in ballast at any speed above absolute minimum cannot stop within 100m. Even at 3 knots, the stopping distance far exceeds visibility. No manoeuvrable speed satisfies the Rule 6 safe speed test; (2) TSS TRAFFIC: Dover Strait carries ~500 vessel transits per day. Other vessels of all sizes are in the TSS. At 100m visibility, you have zero warning of oncoming traffic until they are within 100m — effectively no warning; (3) MASTER'S AUTHORITY: under SOLAS V/34-1, the master's authority to make decisions for safety of the vessel is absolute. Commercial considerations CANNOT override this; (4) LEGAL EXPOSURE: proceeding in 100m visibility with no ability to comply with Rule 19 (safe speed, effective avoiding action) and causing a collision will result in criminal prosecution, civil liability, and potential imprisonment for the master; (5) CORRECT ACTION: wait. Heave-to outside the TSS or anchor in the Downs anchorage. Advise owners and charterers. The delay is finite — UK fog events typically last hours, not days; (6) ISM CODE: the ISM Code Section 5 gives the master overriding authority on safety matters. The company CANNOT instruct the master to proceed unsafely. Any such instruction must be refused and documented.

B. Proceed at 3 knots — this is safe speed in 100m visibility. ARPA will detect vessels in time at this slow speed and you can take avoiding action.

C. Increase speed to transit the Dover Strait as quickly as possible. Less time in restricted visibility equals less total risk.

D. Contact Dover VTS and ask them to clear the traffic lane before you transit. VTS has authority to hold other traffic while you pass.

A. FOG COLLISION LEGAL CONSEQUENCES — MASTER: (1) IMMEDIATE: render assistance to survivors (SOLAS V/33 — duty to assist); call MRCC for SAR; sound MAYDAY; recover survivors; (2) PRESERVE EVIDENCE: do not erase VDR. Preserve deck logs, ARPA recordings, bridge audio, AIS data, weather records, watch logs. Contact company DPA and P&I Club immediately; (3) COASTAL STATE: UK coastguard will direct the tanker to port for inspection. Do NOT depart the area without coastguard permission; (4) MCA INVESTIGATION: Marine Casualty Investigation under the Merchant Shipping (Marine Accident Investigation) Regulations 2012. MCA inspector will attend and seize records; (5) MAIB: the Marine Accident Investigation Branch (MAIB) will conduct an independent investigation under the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012. MAIB is NOT a prosecutorial body but its reports are used as evidence; (6) CRIMINAL LIABILITY — MASTER: if the collision was caused by grossly negligent navigation (excessive speed in fog is classic), the master faces: (a) Gross negligence manslaughter (common law) — up to life imprisonment; (b) Health and Safety at Work Act offences; (c) COLREG violations (Merchant Shipping Act 1995 S98); (7) CIVIL LIABILITY: shipowner's P&I Club handles the civil claim from the fishing vessel owner and the deceased's family; (8) CoC SUSPENSION: MCA may suspend the master's certificate pending investigation; (9) FORMAL INQUIRY: if the circumstances warrant, a Formal Investigation (akin to a public inquiry) may be ordered under the Merchant Shipping Act 1995.

B. The company's P&I insurance covers all consequences. The master only needs to file an incident report with the company and no further personal legal exposure exists.

C. Collisions at sea are governed exclusively by COLREG — the master will be assessed under COLREG Rule 19 and no criminal proceedings can arise from a maritime collision.

D. Contact the company's lawyers before making any statements. The master should not communicate with the coastguard, MAIB, or MCA until legal representation is in place.