Excellent thread and thx for the report, which has been promptly added to my collection.
We may never learn because it is…complicated.
The lack of clear definitions in the existing legislation as to what constitutes marine casualties and serious injury may lead to certain incidents not being investigated . end quote.
I think it was abt two years ago or a bit later , when I came across the 2nd legal verdict on CMA CGM Libra and upon reading it asked myself a question: " where the hell is the investigation report" ??? if this case has such wide ranging ramifications .
I could not find any. Then I contacted a person who could pull some strings in IMO and my inquiry flew directly to some Guru there, who could provide some answers. I was referred to IMO regulations regarding casualty investigations and informed that Libra case was not a serious maritime casualty : no death , no pollution …blah , blah , blah
So i read some resolutions , which explained the basic rules which parties and when are obligated to create the report and submit it within two years from the accident date. The problem is that each signatory state has different definition and/or interpretation of what is " a serious casualty" .
When i got through this difficult legal jargon it occurred to me at that time , that i was missing Maersk Honam report . So I hit them again with the question : where the hell is it as two years have passed , 5 children were dead roasted like fried chicken and I can not find the report on GISIS.
I was in cc: of exchanged correspondence and hey presto in few days I got what was due.
Meantime I was informed by the contacted individual , that anybody can contact IMO with such questions directly and I was even encouraged to report such things as these people there are very busy "discussing, meeting and having lunch and cocktail parties and pondering on the new legislation that is reducing the paper work load on board by increasing it 10 fold.
So in the fury of such activity they are fully justified to miss something.
Hastily and ad hoc i collected links , which pls find below but when You Google with " IMO rules on maritime accident investigation" You surely will get a truck-load of links , which explain the issue in detail.
By the way I have just grabbed NTSB report on a bulker hitting a rig in US coastal waters and it is " FUN-FU…ING-TASTIC" !!! Guess why???
MIR2218.pdf (840.4 KB)
Legal concerns??? well it could be but every report whether submitted by MAIB, Malta Administration or Burkina Faso contains the following wording as in below example :
The United Kingdom Merchant Shipping
(Accident Reporting and Investigation)
Regulations 2012 – Regulation 5:
“The sole objective of the investigation of an accident under the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 shall be the prevention of future accidents through the ascertainment of its causes and circumstances. It shall not be the purpose of an investigation to determine liability nor, except so far as is necessary to achieve its objective, to apportion blame.”
This report is not written with litigation in mind and, pursuant to Regulation 14(14) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012, shall be inadmissible in any judicial proceedings whose purpose, or one of whose purposes is to
attribute or apportion liability or blame.