Republic of Latvia Cabinet Regulation No. 561 Adopted 12 July 2011

Procedures for Investigation of Marine Casualties and Marine Incidents

Issued pursuant to
Section 50, Paragraph two
of the Maritime Administration
and Marine Safety Law

I. General Provisions

1. This Regulation prescribes the procedure by which an investigation of marine casualties and marine incidents in the maritime safety aspect (hereinafter - investigation) shall take place.

2. For the purposes of this Regulation:

2.1. IMO - International Maritime Organization;

2.2. Investigation Bureau - Transport Accident and Incident Investigation Bureau;

2.3. Casualty Investigation Code - Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident appended to the Resolution MSC.255(84) of the IMO Maritime Safety Committee of 16 May 2008 (Casualty Investigation Code);

2.4. serious harm to the environment - serious harm to the environment according to an opinion of the State Environmental Service;

2.5. very serious marine casualty - a marine casualty, which involves total loss of the ship, loss of life, or serious harm to the environment;

2.6. serious marine casualty - a marine casualty, which does not qualify as a very serious casualty and which involves a fire, explosion, collision (contact) with another ship, grounding, heavy weather damage or ice damage, suspected other damages or other conditions related to the operation of the ship, resulting in:

2.6.1. immobilization of the main engine (for example, stopping for a time period exceeding 24 hours (for a passenger ship - exceeding 12 hours), extensive accommodation damage or structural damage, or other conditions rendering the ship unfit to proceed;

2.6.2. harm to the environment;

2.6.3. a breakdown necessitating towage or shore assistance;

2.7. less serious marine casualty - a marine casualty which does not qualify as a very serious casualty or serious casualty;

2.8. initial assessment of marine casualty or incident - assessment of the initial information related to the conditions of a marine casualty or incident in order to take a decision on whether it is necessary to conduct an investigation;

2.9. cause - an action, omission, events or conditions, in the absence of which:

2.9.1. the marine casualty or incident would not have occurred;

2.9.2. the consequences of the marine casualty or incident would not have set in or would not have been as severe;

2.9.3. other action, omission, events or conditions, which are related to the consequences referred to in Sub-paragraphs 2.9.1 and 2.9.2 of this Regulation, would not have existed;

2.10. safety recommendation - any proposal provided by:

2.10.1. the competent authority of the lead investigating State or the substantially interested State on the basis of the data analysis performed during the course of investigation;

2.10.2. the European Commission on the basis of theoretical data analysis and results of investigation;

2.11. lead investigating State - the State, the ship of which is involved in a casualty or an incident, or the State that takes responsibility for the conduct of the investigation as mutually agreed with other substantially interested States;

2.12. substantially interested State - a State that conforms to at least one of the following conditions:

2.12.1. the ship, which navigates under the flag of this State, is involved in a marine casualty or incident;

2.12.2. the marine casualty or incident has occurred in internal waters or territorial sea of this State;

2.12.3. the marine casualty or incident has caused serious harm to the environment of that State (maritime or land);

2.12.4. the marine casualty or incident has caused other serious harm or has threatened that State or to artificial islands, installations, or structures over which it is entitled to exercise jurisdiction;

2.12.5. where, as a result of a marine casualty, a national of that State has lost his or her life or received serious injuries (according to the definition provided in the Casualty Investigation Code);

2.12.6. that State has at its disposal information that the lead investigating State deems of use to the investigation;

2.12.7. that State has other interests that are considered significant by the lead investigating State;

2.13. voyage data recorder (VDR) - a ship device, which automatically records and stores information regarding movement parameters of the ship, the location of the ship, the physical state thereof, the surrounding environment, as well as records and stores conversations on the navigation bridge in the form of an audio recording;

2.14. automatic identification system (AIS) - an automated radio-technical system, which operates in the VHF range and which is used for the identification of ships and navigation equipment, the determination of the location thereof and mutual data exchange;

2.15. shipping company - the owner of the ship or any other legal or natural person (such as the manager, or the bareboat charterer) who has assumed the duties and responsibility for operation of the ship from the ship owner, including all the duties and liability imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention;

2.16. seafarer - any person engaged on board a ship in any position;

2.17. European Marine Casualty Information Platform - an electronic database set up and maintained by the European Commission, in which data on marine casualties and incidents is stored and analysed;

2.18. early warning - a warning notification issued by the European Commission in relation to maritime safety issues to the competent authorities of the European Union states, to the maritime sector or any other party;

2.19. sensitive personal data - sensitive personal data in accordance with the definition provided in the Law On Personal Data Protection.

3. This Regulation shall apply to marine casualties and incidents that:

3.1. involve ships flying the flag of Latvia;

3.2. occur within the territorial sea of the Republic of Latvia or internal waters of the Republic of Latvia; or

3.3. involve other substantial interests of the Republic of Latvia in relation to the conditions referred to in Sub-paragraph 2.12 of this Regulation.

4. This Regulation shall not apply to marine casualties and incidents that involve only:

4.1. ships of war and troop ships and other government service ships;

4.2. ships not propelled by mechanical means;

4.3. wooden ships of primitive build;

4.4. pleasure craft not engaged in trade, unless they are or will be crewed and carrying more than 12 passengers for commercial purposes;

4.5. inland waterway vessels operating in inland waterways;

4.6. fishing vessels with a length of less than 15 metres (except cases when in accordance with Paragraph 16 of this Regulation a decision to conduct an investigation is taken);

4.7. fixed offshore drilling units.

II. Objective and Status of an Investigation

5. The objective of an investigation is to prevent similar marine casualties and incidents in the future.

6. In accordance with the Casualty Investigation Code and the Maritime Administration and Marine Safety Law an investigation is independent from a criminal investigation or other investigation conducted in order to determine the fault and liability of persons.

7. Authorities, which conduct a criminal investigation or other investigation regarding the relevant event in order to determine the fault and liability of persons, shall ensure that the investigation conducted in accordance with this Regulation is not prohibited, discontinued or hindered because of these investigations.

8. If law enforcement institutions have notified the Investigation Bureau that criminal proceedings or departmental examination regarding the relevant event has been initiated, the Investigation Bureau shall ensure that the criminal proceedings or departmental examination is not hindered because of the investigation conducted thereby (for example, expert-examination of the potential material evidence is not performed without co-ordination with the person directing the proceedings).

III. Competent Authority

9. An investigation shall be conducted by the Investigation Bureau.

10. In terms of legal structure and decision-making the Investigation Bureau shall be independent from any subject, which might be interested in not discovering the causes of the relevant casualty or incident.

11. In order to implement the functions specified for the Investigation Bureau, investigators of the Investigation Bureau have the right to obtain all the information necessary thereto upon presenting a service identification card and:

11.1. have free access to any relevant area, ship (including any place on the ship), as well as to the wreck of the ship;

11.2. perform listing of items related to the marine casualty or incident (for example, polluting substances or ship parts) and collection for further analysis thereof;

11.3. have free access to any documents, including log book, expert opinions, examination deeds of classification companies and institutions performing control functions, as well as copy and have use of these documents (entries made by electronic information carriers (for example, VDR and AIS) and itemised list thereof, as well as audio recordings and video recordings shall be deemed documents in the sense of evidence);

11.4. interview witnesses in the absence of any person whose interests could be considered as hampering the discovering of the causes of the relevant casualty or incident;

11.5. call for and receive the assistance of seafarers, other persons related to the casualty, as well as employees of the relevant State authorities, including flag-State and port-State surveyors, coastguard officers, vessel traffic service operators, employees of search and rescue teams, pilots and other persons;

11.6. make video recordings and audio recordings during investigatory activities;

11.7. request the performance of an expert-examination of the items related to the marine casualty or incident (for example, polluting substances or ship parts).

12. In order to prevent similar marine casualties and incidents, in addition to an investigation the Investigation Bureau may also perform the collection and theoretical analysis of data related to the maritime safety, unless it jeopardises the independence of the Investigation Bureau.

IV. Initial Assessment of Marine Casualties and Incidents

13. After receipt of information regarding a marine casualty or incident, the Investigation Bureau shall perform an initial assessment of the marine casualty or incident. If necessary, the State Environmental Service shall assess whether the event has caused serious harm to the environment.

14. If a very serious marine casualty has occurred, the Investigation Bureau shall investigate it mandatorily.

15. If a serious marine casualty, less serious marine casualty or marine incident has occurred, the Investigation Bureau shall assess the usefulness of an investigation, taking into account the level of seriousness of the marine casualty or incident, the type of the ships and cargo involved, as well as whether the results of the relevant investigation may help to prevent marine casualties and incidents in the future. The relevant investigation shall only be conducted if the Investigation Bureau deems it useful.

16. The Investigation Bureau shall conduct the investigation specified in Paragraph 15 of this Regulation also if a marine casualty or incident has occurred in which only fishing vessels with a length of less than 15 metres are involved.

17. If the Investigation Bureau, in accordance with Paragraph 15 of this Regulation, takes a decision not to conduct an investigation of a serious marine casualty, the reasons for such a decision shall be documented and notified to the European Commission, using the European Marine Casualty Information Platform.

18. If the Investigation Bureau, in accordance with Paragraph 15 or 16 of this Regulation, takes a decision not to conduct an investigation, it may assign the conducting of the relevant investigation to the shipping company of the ship involved in the marine casualty or incident, which hands over the materials on the relevant marine casualty or incident to the Investigation Bureau after the investigation has ended.

V. International Co-operation

19. The Investigation Bureau shall co-operate with the competent authorities of other states involved in a marine casualty or incident in order to reach an agreement in timely manner which will be the lead investigating State and what investigatory procedures will be applied. During the agreement process it shall be assessed under the lead of which state and according to what procedures the most efficient achievement of investigation objectives will be possible.

20. The Investigation Bureau shall be responsible for investigation and co-ordination with the competent authorities of other substantially interested States until the time when the agreement referred to in Paragraph 19 of this Regulation is reached.

21. If in accordance with the agreement referred to in Paragraph 19 of this Regulation the Republic of Latvia has become the lead investigating State:

21.1. the Investigation Bureau, upon conducting the relevant investigation, shall co-operate with the competent authorities of other substantially interested States, including shall take into account the opinion of such authorities;

21.2. within the scope of the relevant investigation the competent authorities of other substantially interested States have the same rights as the Investigation Bureau.

22. If in accordance with the agreement referred to in Paragraph 19 of this Regulation the Republic of Latvia has not become the lead investigating State, the Investigation Bureau shall co-operate with the lead investigating State in the relevant investigation and, if necessary, shall use its rights to participate in the investigation process.

23. The Investigation Bureau shall conduct a separate investigation in parallel with an investigation into the same marine casualty or incident conducted by another state only in exceptional cases. An investigation in parallel with an investigation into the same marine casualty or incident conducted by another state shall be conducted mandatorily if the relevant state does not conduct the investigation in accordance with the Casualty Investigation Code. If the Investigation Bureau takes a decision to conduct a parallel investigation, it shall:

23.1. notify the European Commission on the reasons for such investigation;

23.2. co-operate with the competent authorities of other states, which also conduct an investigation into the relevant marine casualty or incident, particularly by exchanging information obtained as a result of the investigation in order to draw shared conclusions, as well as by co-ordinating the schedule of the investigation in order to avoid conflicting requests in relation to witnesses and access to proof.

24. The Investigation Bureau, upon mutual agreement with the competent authority of another state, may delegate the authority to perform the management of the relevant investigation or a separate task related thereto.

25. The Investigation Bureau shall perform the management of an investigation or a separate task related thereto, if such functions have been delegated to the Investigation Bureau upon mutual agreement with the competent authority of another state.

26. The competent authorities of the substantially interested State shall implement the rights and obligations referred to in Paragraphs 21, 22, 24 and 25 of this Regulation free of charge.

27. If in accordance with Paragraphs 24 and 25 of this Regulation assistance is being asked to the competent authority of such a state, which is not a substantially interested State, the relevant competent authorities shall reach a mutual agreement on reimbursement.

28. In addition to that specified in Sub-paragraph 44.5 of this Regulation the Investigation Bureau shall send to the European Commission data on the marine casualty or incident, using the European Marine Casualty Information Platform.

VI. Standards Applicable During an Investigation

29. An investigation shall be commenced as soon as possible, but not later than two months after the relevant marine casualty or incident.

30. An investigation shall be conducted in accordance with the Casualty Investigation Code, this Regulation and the common methodology for investigations developed in accordance with Article 2(e) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Marine Safety Agency.

31. In special cases if the Investigation Bureau, on the basis of the professional evaluation thereof, deems it necessary, an investigation need not be conducted in accordance with the common methodology for investigations developed in accordance with Article 2(e) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Marine Safety Agency.

VII. Collection of Evidence and the Duty to Preserve Evidence

32. Investigators of the Investigation Bureau shall collect evidence by exercising the rights referred to in Paragraph 11 of this Regulation.

33. The master of the ship, the shipping company, as well as other subjects related to a marine casualty or incident shall collect, preserve and submit all materials at the disposal thereof to the Investigation Bureau (for example, information from charts, log books, VDRs) relating to the period preceding, during and after a marine casualty or incident (as much as it is practically possible).

34. The following information shall be submitted to the Investigation Bureau:

34.1. by vessel traffic services - information from audio recordings and video recordings, guard log books and other information at the disposal thereof regarding the marine casualty or incident;

34.2. by the Marine and Inland Waters Administration of the State Environmental Service - information from records on fishing vessel traffic and other information at the disposal thereof regarding the marine casualty or incident;

34.3. by the Marine Rescue Co-ordination Centre (MRCC RIGA) of the Coast Guard Service of the Navy Flotilla of the National Armed Forces - information from the automatic identification system (AIS), situation reports (SITREP), pollution reports (POLREP), audio recordings and video recordings, and other information at the disposal thereof regarding the marine casualty or incident.

35. Investigators of the Investigation Bureau shall interview persons as soon as possible after a marine casualty or incident. Particularly it shall be taken into consideration in relation to seafarers so that not to delay the operations of the ship or repatriation of seafarers.

36. Before interviewing a person an investigator of the Investigation Bureau shall inform him or her regarding the substance and foundation of the investigation, as well as regarding:

36.1. the potential risk that the person may be incriminated criminal acts due to the interview which he or she will give within the scope of the investigation;

36.2. the right not to testify against himself or herself or not to give an interview at all;

36.3. protection, which the person may receive so that the interview given by him or her within the scope of the investigation is not used against this person.

37. The Investigation Bureau shall provide the person to be interviewed with an opportunity to receive legal advice in relation to the risk referred to in Sub-paragraph 36.1 of this Regulation and the consequences arising therefrom.

38. Upon a request of the Investigation Bureau, the master of the ship shall fill in and submit to the Investigation Bureau in a hardcopy or electronic form:

38.1. master's report on marine casualty or incident (Annex 1);

38.2. personal data sheet (Annex 2).

39. If a marine casualty or incident, in which a Latvian ship is involved, has occurred outside the territorial sea of the Republic of Latvia and internal waters of the Republic of Latvia and, therefore, investigators of the Investigation Bureau are unable to commence an investigation in due time, the master of the ship has a duty to perform the activities of the initial investigation and to submit the relevant investigation materials to the Investigation Bureau. If the master of the ship, in relation to the relevant marine casualty or incident, has initiated criminal proceedings in accordance with the Criminal Procedure Law, he shall notify the Investigation Bureau on the institution, to which the materials collected within the scope of the criminal proceedings will be handed over, and the date of handing over.

VIII. Investigation Report

40. The Investigation Bureau shall prepare an investigation report (hereinafter - report) on each investigation conducted in accordance with this Regulation. The information referred to in Annex 3 to this Regulation shall be included in the report.

41. If during an investigation the Investigation Bureau establishes that the results of the relevant investigation (except investigation into very serious and serious marine casualties) cannot help in achieving the objective of the investigation, the Investigation Bureau may prepare a short-form notification, not including a detailed analysis and recommendations therein.

42. The Investigation Bureau shall prepare the final version of the report within 12 months after the relevant marine casualty or incident. If it is impossible to prepare the final version of the report within the specified period of time, the Investigation Bureau shall draw up an interim report and continue investigation.

43. Before the preparation of the final version of the report the Investigation Bureau shall co-ordinate the draft report with other substantially interested States according to the Casualty Investigation Code. If necessary, the draft report may also be co-ordinated with other subjects (for example, the shipping company involved in the marine casualty or incident and the State Environmental Service). If any subject has a different opinion on that referred to in the draft report, the differing opinion may be appended to the report.

44. A copy of the report shall be sent to:

44.1. the subjects involved in the casualty;

44.2. the subjects to whom safety recommendations are addressed;

44.3. any other subject, which in the opinion of the Investigation Bureau could find the report useful;

44.4. the IMO - in accordance with the IMO Circular MSC-MEPC.3/Circ.3 of 18 December 2008, Reports on Marine Casualties and Incidents;

44.5. the European Commission - using the European Marine Casualty Information Platform.

45. If, after getting acquainted with the report, the European Commission makes technical observations about it, the Investigation Bureau shall take the relevant observations into consideration in further work thereof.

46. The report shall be published on the Internet home page of the Investigation Bureau (www.taiib.gov.lv). If law enforcement institutions have notified the Investigation Bureau that criminal proceedings or department examination regarding the relevant event has been initiated, the Investigation Bureau shall co-ordinate publishing of the report with the person directing the proceedings or the person performing department examination. In any case, the report shall be published if 12 months have passed since the relevant marine casualty or incident.

47. If after making the report public new facts are revealed, which may significantly change the results of the investigation, and the Investigation Bureau conducts an additional or repeated investigation, the Investigation Bureau shall supplement the existing report or prepare a new report after the investigation is final.

48. If the Republic of Latvia is not the lead investigating State, the Investigation Bureau as the competent authority of the substantially interested State shall ensure the availability of the report prepared by the lead investigating State to the subject, which in the opinion of the Investigation Bureau might find the report useful (for example, shall inform such subjects regarding the access possibilities to the report).

IX. Safety Recommendations and Early Warning System

49. Upon sending a copy of the report to subjects, to which safety recommendations are addressed, the Investigation Bureau shall indicate the time period, in which implementation of the measures specified in safety recommendations is preferable.

50. If during an investigation the Investigation Bureau establishes that urgent action is necessary in order to prevent threats to the maritime safety, it may provide safety recommendations to the relevant subjects even before completion of the report.

51. The Investigation Bureau may also provide safety recommendations not only on the basis of the results of a specific investigation, but also on the basis of theoretical analysis performed in accordance with Paragraph 12 of this Regulation.

52. If the Investigation Bureau at any stage of investigation establishes that urgent action is necessary at the European Union level in order to prevent new marine casualties, it shall immediately inform the European Commission regarding the need to issue an early warning.

X. Duty of Non-disclosure of Information

53. The Investigation Bureau shall not disclose following information:

53.1. the details obtained during interviewing persons;

53.2. information allowing to identify the person who has given the interview or the person who is involved in the marine casualty or incident;

53.3. sensitive personal data;

53.4. information contained in photographs, audio recordings, video recordings, recordings of the voyage data recorder (VDR) (except if they have been appended to the report). The information contained in recordings of the voyage data recorder (VDR) shall be disclosed to law enforcement institutions upon their request.

54. While the report has not been completed, the Investigation Bureau shall disclose only general facts already ascertained about the marine casualty or incident that has occurred (what, where, when happened and what are the consequences of the relevant event).

Informative Reference to the European Union Directives

This Regulation contains legal norms arising from:

1) 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

2) 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.

Acting for the Prime Minister,
Minister for Justice,
Acting for the Minister for the Interior A. Štokenbergs

Minister for Transport U. Augulis

 

Annex 1
Cabinet Regulation No. 561
12 July 2011

Kapteiņa ziņojums par jūras negadījumu/incidentu
Master's Report on Marine Casualty/Incident

Šīs ziņojuma veidlapas aizpildīšana un parakstīšana nerada nekāda veida atbildību personai, kura to ir aizpildījusi un parakstījusi, vai jebkurai citai personai Filing in and signing of this report form do not cause any liability against the person who has filled in and signed it or against any other person

Kuģa vārds Name of the ship
Kuģa reiss no Ship's voyage from		uz to
Negadījuma/incidenta veids Type of casualty/incident
Negadījuma/incidenta vieta Place of casualty/incident
Negadījuma/incidenta laiks un datums Time and date of casualty/incident
1. Dati par kuģi/Data about the ship
Karoga valsts Flag State	Kuģa tips Type of the ship
IMO identifikācijas numurs IMO Identification Number	Reģistrācijas osta Port of registry
Izsaukuma signāls Call signal	Reģistrācijas Nr. Registration No.
Būves vieta un gads Place and date of building	Konstrukcijas materiāls Construction material
Maksimālais garums Absolute length	Maksimālais platums Absolute breadth
Bruto tilpība Gross tonnage	Neto tilpība Net tonnage
Kuģa pilnā kravnesība Deadweight	Ūdens izspaids negadījuma/incidenta brīdī Displacement at the time of casualty/incident
2. Inspekcijas/Inspections
Klasifikācijas sabiedrība/pēdējā inspekcija veikta Classification society/data of last inspection			Ledus klase Ice class
Ostas valsts kontroles/Karoga valsts kontroles pēdējā inspekcija Last inspection of Port State Control/Flag State Control
Kuģa/kapteiņa tālruņa numurs, faksa numurs; e-pasta adrese Ship's/master's phone, fax number; e-mail address

3. Kuģa īpašnieks/operators/fraktētājs/aģents/Ship's owner/operator/charterer/agent
Īpašnieks/operators/fraktētājs (vārds, adrese, tālruņa numurs, faksa numurs, e-pasta adrese) Owner/operator/charterer (name, address, phone, fax number, e-mail address)
Aģents (vārds, adrese, tālruņa numurs, faksa numurs, e-pasta adrese) Agent (name, address, phone, fax number, e-mail address)
4. Laikapstākļi (negadījuma/incidenta brīdī)/Weather conditions (at the time of casualty/incident)
Vējš (virziens un ātrums) Wind (direction and speed)			Ūdens virsmas stāvoklis Water surface state
Redzamība Visibility			Mākoņi/lietus Clouds/rainfall
Ūdens temperatūra Water temperature			Gaisa temperatūra Air temperature
5. Galvenais dzinējs/Dzinekļi/Main engine/Propulsion
Galvenā dzinēja tips/jauda (ZS/kW) Main engine type, power (HP/kW)
Dzenskrūves tips/skaits Type/number of propeller				Rotācijas virziens Direction of rotation
Kuģa ātrums/ātrums negadījuma/incidenta brīdī Ship's speed/speed at the time of casualty/ incident				Iegrime negadījuma/incidenta brīdī Draft at the time of casualty/incident
6. Manevrēšanas iekārtas/Manoeuvring units
Stūres tips Type of rudder		Maksimālais stūres pagrieziena leņķis/ātrums Maximum rudder angle/speed
Autopilota tips Type of automatic pilot		Darbībā In operation				Jā Yes			Nē No
Priekšgala/pakaļgala sānskrūves tips un skaits Bow/stern thrusters' type and number		Jauda Output
Manevrēšanas elementu tabula Table of manoeuvring particulars		Pielikumā Attached				Nav pielikumā Not attached
7. Navigācijas un sakaru aprīkojums/Navigational and radio equipment
Magnētiskais/Žiro kompass Magnetic/Gyro compass
Radars/ARPA Radar/ARPA
Satelītnavigācijas ierīce GPS
GMDSS iekārta GMDSS installation
AIS iekārta AIS equipment
Reisa datu reģistrācijas iekārta (VDR) Voyage data recorder (VDR)
Citas iekārtas Other installations
8. Kuģa krava/Ship's cargo
Kravas veids/izvietojums Type of cargo/stowage
9. Kuģa degviela, balasts, krājumi/Ship's fuel, ballast, stores
Degviela (veids un daudzums) Fuel (type and amount)
Smēreļļa, hidrauliskā eļļa (veids un daudzums) Lubricants, hydraulic oil (type and amount)
Informācija par balastu Ballast information
Citi krājumi Other stores
10. Navigācijas kartes, publikācijas u.c. (numurs/izdevējs/izdošanas gads/pēdējā korektūra) Navigational charts, publications, others (number/issued by/year of print/last correction)
11. Kuģa apkalpe/citas personas (kā iespējamie negadījuma/incidenta liecinieki) Ship's crew/other persons (as possible witnesses of the casualty/incident)
Apkalpes skaits atbilstoši apliecībai par kuģa drošu minimālo apkalpi Number of crew according to the certificate of minimum safe manning								Faktiski uz borta Actually on board
Amats Rank
Vārds, uzvārds Name, surname
Tautība Nationality
Kvalifikācijas apliecība/ izdevējvalsts Certificate of Competency/issuing country
Darba stāžs uz šīs kompānijas kuģiem Duration of service on the ships of this company
Darba stāžs šajā amatā Duration of service in this position
Laika periods uz kuģa no šī līguma sākuma datuma Period on the ship from the beginning of this agreement
Kopējā jūras prakse Total sea experience
12. Negadījuma/incidenta apraksts (kuģa un iekārtu bojājumi, ievainojumi utt.) Description of the casualty/incident (damages to the ship, equipment, injuries etc.)

 

Ja, aizpildot šo ziņojuma veidlapu, kādā sadaļā pietrūkst vietas atbildēm, lūdzu, izmantojiet tīru papīra lapu kā turpinājumu un pievienojiet šim ziņojumam. Papildu lapā, lūdzu, norādiet sadaļas numuru, uz kuru tā attiecasas If there is insufficient space in any part of this report form for your answers, please use a plain sheet of paper as continuation sheet and attach it to this report. Please indicate on the continuation sheet the sections being expanded

 

Vieta/Place		Datums/Date		Kapteiņa paraksts/Master's signature

Minister for Transport U. Augulis

 

Annex 2
Cabinet Regulation No. 561
12 July 2011

Dati par jūras negadījumā vai incidentā iesaistīto personu

Personal data sheet

Kuģa vārds Name of the ship
Personas saistība ar negadījumu/incidentu Persons' relation to the casualty/incident
Vārds, uzvārds Name, surname	Amats Rank
Kvalifikācija Qualification	Izglītība Education
Adrese/tālrunis Address/telephone	Kvalifikācijas apliecība Certificate of Competency
Līguma sākuma datums Joined ship (date)	Vieta, kurā ieradās uz kuģa Joined ship (place)
Ierašanās ostā Arrival at port	Reisa ilgums Duration of voyage

Personas darbība 96 stundas pirms jūras negadījuma vai incidenta/Overview of activities of a person within 96 hours before the marine casualty or incident
(D-X jūras negadījuma vai incidenta datums/date of casualty or incident)

Diena Day	00	01	02	03	04	05	06	07	08	09	10	11		12	13	14	15	16	17	18	19	20	21	22	23
D-4
D-3
D-2
D-1
D-X
X - negadījuma vai incidenta laiks/time of casualty or incident F - ēdienreizes laiks/meal time W - sardze /watch M - darbs/maintenance work													S - gulēšanas laiks/sleep time C - kravas operāciju uzraudzība/cargo watch R - atpūta, ieskaitot iziešanu krastā/recreation , including time ashore A - alkohola lietošana/alcohol consumption

Veselība un privātie jautājumi /Health and personal issues

Vieta/Place		Datums/Date		Kapteiņa paraksts/Master's signature

Minister for Transport U. Augulis

 

Annex 3
Cabinet Regulation No. 561
12 July 2011

Content of the Investigation Report

I. Introductory Part

1. The following shall be indicated in the introductory part:

1.1. the objective of the investigation;

1.2. that safety recommendations shall in no case create a presumption of liability or blame;

1.3. that the report has not been written, in terms of content and style, with the intention of it being used in legal proceedings.

II. Short Description of the Casualty/Incident

2. This part shall outline the basic facts of the marine casualty or incident:

2.1. what happened, when, where and how it happened;

2.2. whether any deaths, injuries, damage to the ship, cargo, third parties or environment occurred as a result.

III. Facts

3. This part shall include a number of discrete sections, providing sufficient information that substantiates the analysis and eases understanding of the situation. These sections shall include the following information:

3.1. ship particulars:

3.1.1. the name of the ship;

3.1.2. IMO number;

3.1.3. the flag State;

3.1.4. main characteristics;

3.1.5. owner and actual manager (charterer, operator);

3.1.6. construction details;

3.1.7. minimum safe manning;

3.1.8. the type of the ship;

3.2. voyage particulars:

3.2.1. ports of call;

3.2.2. type of voyage;

3.2.3. cargo information;

3.2.4. manning;

3.3. marine casualty or incident information:

3.3.1. type;

3.3.2. date and time;

3.3.3. location of the casualty (position);

3.3.4. internal and external environment;

3.3.5. place on board;

3.3.6. ship operation and voyage segment;

3.3.7. human factors data;

3.3.8. consequences (for people, ship, cargo, environment, other);

3.4. shore authority involvement and emergency response:

3.4.1. who was involved;

3.4.2. means used;

3.4.3. speed of response;

3.4.4. actions taken;

3.4.5. results achieved.

IV. Narrative

4. This part shall reconstruct the marine casualty or incident through a sequence of events, in a chronological order (leading up to, during and following the marine casualty or incident) and the involvement of each factor (i.e. person, material, environment, equipment or external agent). The period covered by the narrative shall depend on the timing of those particular accidental events that directly contributed to the marine casualty or incident. This part shall also include any relevant details of the safety investigation conducted, including the results of examinations or tests.

V. Analysis

5. This part shall include a number of discrete sections, providing an analysis of each event related to the marine casualty or incident, with comments relating to the results of any investigatory activities and to any safety action that might already have been taken to prevent the threats to the maritime safety. These sections shall cover issues such as:

5.1. context and environment of events related to the marine casualty or incident;

5.2. human erroneous actions and omissions;

5.3. events involving hazardous material;

5.4. environmental effects;

5.5. equipment failures;

5.6. external influences;

5.7. contributing factors of the marine casualty or incident involving person-related functions, shipboard operations, shore management or regulatory influence.

6. The analysis and comment included in this part shall enable the report to reach logical conclusions, establishing all of the contributing factors of the marine casualty or incident.

VI. Conclusions

7. This part shall consolidate the established contributing factors of the marine casualty or incident, for which safety actions should be developed to prevent marine casualties or incidents in the future.

VII. Safety Recommendations

8. When appropriate, this part of the report shall contain safety recommendations derived from the analysis and conclusions and related to particular subject areas (such as legislation, design, procedures, inspection, management, health and safety at work, training, repair work, maintenance, shore assistance).

9. The safety recommendations shall be addressed to those that are best placed to implement them (such as ship owners, managers, recognised organisations, maritime authorities, vessel traffic services, emergency bodies, international maritime organisations and European institutions).

10. This part also includes any interim safety recommendations that may have been made or any safety actions taken during the course of the safety investigation.

VIII. Appendices

11. When appropriate, the following shall be attached to the report in paper or electronic form:

11.1. photographs, moving images, audio recordings, charts, drawings;

11.2. applicable standards;

11.3. technical terms and abbreviations used;

11.4. special safety studies;

11.5. other necessary information.

Minister for Transport U. Augulis

 

---