When the following terms are used in the mandatory standards and
recommended practices for marine safety investigations they have the
2.1An agent means any person, natural or legal, engaged on behalf
of the owner, charterer or operator of a ship, or the owner of the
cargo, in providing shipping services, including managing arrangements
for the ship being the subject of a marine safety investigation.
2.2A causal factor means actions, omissions, events or conditions,
- the marine casualty or marine incident would not have occurred; or
- adverse consequences associated with the marine casualty or marine
incident would probably not have occurred or have been as serious;
- another action, omission, event or condition, associated with an
outcome in .1 or .2, would probably not have occurred.
2.3A coastal State means a State in whose territory, including its
territorial sea, a marine casualty or marine incident occurs.
2.4Exclusive economic zone means the exclusive economic zone as
defined by article 55 of the United Nations Convention on the Law of the
2.5Flag State means a State whose flag a ship is entitled to fly.
2.6High seas means the high seas as defined in article 86 of the
United Nations Convention on the Law of the Sea.
2.7Interested party means an organization, or individual, who, as
determined by the marine safety investigating State(s), has significant
interests, rights or legitimate expectations with respect to the outcome
of a marine safety investigation.
2.8International Safety Management (ISM) Code means the
International Management Code for the Safe Operation of Ships and for
Pollution Prevention as adopted by the Organization by resolution
A.741(18), as amended.
2.9A marine casualty means an event, or a sequence of events, that
has resulted in any of the following which has occurred directly in
connection with the operations of a ship:
- the death of, or serious injury to, a person;
- the loss of a person from a ship;
- the loss, presumed loss or abandonment of a ship;
- material damage to a ship;
- the stranding or disabling of a ship, or the involvement of a ship
in a collision;
- material damage to marine infrastructure external to a ship, that
could seriously endanger the safety of the ship, another ship or an
- severe damage to the environment, or the potential for severe damage
to the environment, brought about by the damage of a ship or ships.
However, a marine casualty does not include a deliberate act or
omission, with the intention to cause harm to the safety of a ship,
an individual or the environment.
2.10A marine incident means an event, or sequence of events, other
than a marine casualty, which has occurred directly in connection with
the operations of a ship that endangered, or, if not corrected, would
endanger the safety of the ship, its occupants or any other person or
However, a marine incident does not
include a deliberate act or omission, with the intention to cause harm
to the safety of a ship, an individual or the environment.
2.11A marine safety investigation means an investigation or inquiry
(however referred to by a State), into a marine casualty or marine
incident, conducted with the objective of preventing marine casualties
and marine incidents in the future. The investigation includes the
collection of, and analysis of, evidence, the identification of causal
factors and the making of safety recommendations as necessary.
2.12A marine safety investigation report means a report that
- a summary outlining the basic facts of the marine casualty or marine
incident and stating whether any deaths, injuries or pollution
occurred as a result;
- the identity of the flag State, owners, operators, the company as
identified in the safety management certificate, and the
classification society (subject to any national laws concerning
- where relevant the details of the dimensions and engines of any ship
involved, together with a description of the crew, work routine and
other matters, such as time served on the ship;
- a narrative detailing the circumstances of the marine casualty or
- analysis and comment on the causal factors including any mechanical,
human and organizational factors;
- a discussion of the marine safety investigation’s findings,
including the identification of safety issues, and the marine safety
investigation’s conclusions; and
- where appropriate, recommendations with a view to preventing future
marine casualties and marine incidents.
2.13Marine safety investigation Authority means an Authority in a
State, responsible for conducting investigations in accordance with this
2.14Marine safety investigating State(s) means the flag State or,
where relevant, the State or States that take the responsibility for the
conduct of the marine safety investigation as mutually agreed in
accordance with this Code.
2.15 A marine safety record means the following
types of records collected for a marine safety investigation:
- all statements taken for the purpose of a marine safety
- all communications between persons pertaining to the operation of
- all medical or private information regarding persons involved in the
marine casualty or marine incident;
- all records of the analysis of information or evidential material
acquired in the course of a marine safety investigation;
- information from the voyage data recorder.
2.16A material damage in relation to a marine casualty means:
- damage that:
- significantly affects the structural integrity,
performance or operational characteristics of marine
infrastructure or a ship; and
- requires major repair or replacement of a major
component or components; or
- destruction of the marine infrastructure or ship.
2.17A seafarer means any person who is employed or engaged or works
in any capacity on board a ship.
2.18A serious injury means an injury which is sustained by a
person, resulting in incapacitation where the person is unable to
function normally for more than 72 hours, commencing within seven days
from the date when the injury was suffered.
2.19A severe damage to the environment means damage to the
environment which, as evaluated by the State(s) affected, or the flag
State, as appropriate, produces a major deleterious effect upon the
2.20Substantially interested State means a State:
- which is the flag State of a ship involved in a marine casualty or
marine incident; or
- which is the coastal State involved in a marine casualty or marine
- whose environment was severely or significantly damaged by a marine
casualty (including the environment of its waters and territories
recognized under international law);
- where the consequences of a marine casualty or marine incident
caused, or threatened, serious harm to that State or to artificial
islands, installations, or structures over which it is entitled to
exercise jurisdiction; or
- where, as a result of a marine casualty, nationals of that State
lost their lives or received serious injuries;
- that has important information at its disposal that the marine
safety investigating State(s) consider useful to the investigation;
- that for some other reason establishes an interest that is
considered significant by the marine safety investigating State(s).
2.21Territorial sea means territorial sea as defined by Section 2
of Part II of the United Nations Convention on the Law of the Sea.
2.22A very serious marine casualty means a marine casualty
involving the total loss of the ship or a death or severe damage to the