Casualty Investigation

MACI is responsible, under international Convention requirements and Cayman shipping law, for investigating marine casualties involving Cayman ships.

The main purpose of a Casualty Investigation is to ascertain, as far as possible, the underlying causes so that remedial or preventative steps can be taken, in appropriate cases, to avoid a recurrence.

Types of Investigation

The decision to investigate a casualty depends on a number of factors, such as –

• the seriousness of the incident
• the circumstances surrounding it, and
• whether or not there have been injuries or fatalities.

If during the course of a Casualty Investigation it becomes apparent that there have been breaches of applicable laws or regulations, involving either safety or pollution prevention matters, then a criminal investigation would, again in appropriate cases, be mounted separately from the Casualty Investigation. Where persons are found in breach then they are subject to the penalties set out in the shipping laws and regulations (and other legislation where appropriate).

In addition there are provisions for disciplinary measures where it is found that an officer’s conduct and behaviour warrants such action. A Casualty Investigation and an investigation into breaches of the laws and regulations are mutually exclusive – one can be initiated without the other, or they can be undertaken simultaneously. MACI would not normally be involved in any civil actions.

Standards

Casualty Investigations and, to some extent, investigations into breaches of requirements, are an effective tool in measuring the standards to which Cayman ships are operating and they also serve to enforce adherence to the required standards.

The Statutory Compliance and Casualty Investigation section of MACI has the responsibility for carrying out both Casualty Investigations and investigations of breaches of the maritime laws and regulations of the Cayman Islands.

Accident Reporting

Under Section 159 of The Merchant Shipping Law (2005 Revision) the Owner or Master of a vessel is required to report any accident resulting in loss of life or serious injury to any person. Also, the Owner or Master is required to report any material damage to the vessel which may affect its seaworthiness.