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PART 3
Marine Accidents and Reporting
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Marine safety investigations
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16. (1) Other than in the circumstances referred to in subsection (2), where it becomes aware of a marine accident having occurred or commenced, the MAIU shall carry out a preliminary assessment of the marine accident in order to determine whether a marine safety investigation is warranted, taking into account the seriousness of the marine accident, the type of ship or cargo involved and the potential for the findings of the marine safety investigation to lead to the prevention of future marine accidents.
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(2) Subject to subsection (3), the MAIU shall conduct a marine safety investigation in the case of a very serious marine casualty.
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(3) The MAIU is not obliged to conduct a marine safety investigation in the case of a very serious marine casualty involving only—
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(a) ships operated by the State and used only on government non-commercial service,
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(b) unless they are crewed and carrying more than 12 passengers for commercial purposes, ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft not engaged in trade,
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(c) inland waterway vessels operating in inland waterways,
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(d) fishing vessels with a length of less than 15 metres, or
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(e) fixed offshore drilling units,
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and in these circumstances subsection (1) shall apply accordingly.
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(4) A marine safety investigation shall be commenced by the MAIU as promptly as is practical after the marine accident occurs or commences and in any event no later than 2 months after its occurrence.
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(5) Where, in the case of a marine casualty, the MAIU decides not to conduct a marine safety investigation, it shall record its decision and, in the case of a ship to which the Directive applies by virtue of not being excluded under Article 2(2) of the Directive, notify the EU Commission in accordance with Article 17(3) of the Directive.
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