Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.
Type of law
Regulation
Date of original text
Date of latest amendment
Abstract
These Regulations, in exercise of the powers conferred on it by section 118(1)(c) of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993, and for the purpose of transposing into the law of Gibraltar Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council, here establish the provisions in relation to the necessary reporting and investigation of maritime accidents.
The text is divided into 32 Regulations, as follows: Title and commencement; Interpretation; Application of these Regulations; Purpose of these Regulations; Marine Accident Investigation Compliance Officer; Appointment of Deputy MAICO; MAICO’s powers and duties; Appointment of inspectors; Impartiality; Duty to report accidents and serious injuries; Obligation to investigate; Leading of, and participation in, safety investigation; Subsequent or reopened investigations; Preservation of evidence; Conduct of investigations; Co-operation with Member States; Permanent cooperation framework; Cooperation with substantially interested third countries; Disclosure of records; Reports of investigation; Publication of accident reports; Publications other than reports of investigations; Recommendations; Extension of time; Service of documents; Early alert system; European database for marine casualties: format of notification; Costs; Fair treatment of seafarers; Offences and penalties; Repeal; Savings and transitional provisions; Application of sections 56 and 91 of Act.
These Regulations shall apply to accidents that: involve Gibraltar ships; occur within BGTW; or involve other substantial interests of Gibraltar. These Regulations seek to improve maritime safety and the prevention of pollution by ships, and so reduce the risk of future marine casualties, incidents or accidents by: facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes; and by ensuring the timely and accurate reporting of safety investigations and proposals for remedial action.
Schedules 1 and 2 are also part of this text (Safety investigation report content; Marine casualty or incident notification data).
As explained at page 3 of this publication, these Regulation are directly involving the following EU Legislation: Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services; Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC; and Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.
The text is divided into 32 Regulations, as follows: Title and commencement; Interpretation; Application of these Regulations; Purpose of these Regulations; Marine Accident Investigation Compliance Officer; Appointment of Deputy MAICO; MAICO’s powers and duties; Appointment of inspectors; Impartiality; Duty to report accidents and serious injuries; Obligation to investigate; Leading of, and participation in, safety investigation; Subsequent or reopened investigations; Preservation of evidence; Conduct of investigations; Co-operation with Member States; Permanent cooperation framework; Cooperation with substantially interested third countries; Disclosure of records; Reports of investigation; Publication of accident reports; Publications other than reports of investigations; Recommendations; Extension of time; Service of documents; Early alert system; European database for marine casualties: format of notification; Costs; Fair treatment of seafarers; Offences and penalties; Repeal; Savings and transitional provisions; Application of sections 56 and 91 of Act.
These Regulations shall apply to accidents that: involve Gibraltar ships; occur within BGTW; or involve other substantial interests of Gibraltar. These Regulations seek to improve maritime safety and the prevention of pollution by ships, and so reduce the risk of future marine casualties, incidents or accidents by: facilitating the expeditious holding of safety investigations and proper analysis of marine casualties and incidents in order to determine their causes; and by ensuring the timely and accurate reporting of safety investigations and proposals for remedial action.
Schedules 1 and 2 are also part of this text (Safety investigation report content; Marine casualty or incident notification data).
As explained at page 3 of this publication, these Regulation are directly involving the following EU Legislation: Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services; Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC; and Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council.
Attached files
Web site
Entry into force notes
These Regulations entered into force on the day of the original publication.
Notes
Consolidated version
Repealed
No
Publication reference
2012/023-2014/033
Source language
English
Legislation Amendment
No