Regulations of the People's Republic of China on the Investigation and Handling of Maritime Traffic Accidents

Regulations of the People's Republic of China on the Investigation and Handling of Maritime Traffic Accidents REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE INVESTIGATION AND HANDLING OF MARITIME TRAFFIC ACCIDENTS CHAPTER I GENERAL PROVISIONS Article 1 . These Regulations are formulated according to the relevant provisions of the Maritime Traffic Safety Law of the People's Republic of China in order to strengthen the control of maritime traffic safety and promptly investigate and handle maritime traffic accidents. Article 2 . The harbour superintendency establishments of the People's Republic of China shall be responsible for implementing these Regulations. Article 3 . These Regulations shall apply to the maritime traffic accidents happening to the vessels and installations in the coastal waters of the People's Republic of China. If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime traffic accidents happening in the fishing port waters or of the maritime traffic accidents happening between fishing vessels or between military vessels in the coastal waters, these special provisions shall prevail. Article 4 . The maritime traffic accidents referred to in these Regulations mean the following accidents happening to vessels and installations: (1) Collision, strike or damage by waves; (2) Hitting hidden rocks or running aground; (3) Fire or explosion; (4) Sinking; (5) Damage or loss of machinery parts or important tools during a voyage which affects the vessel's seaworthiness; (6) Other maritime traffic accidents which cause losses in property and human lives. CHAPTER II REPORT Article 5 . The persons in charge of the vessels and installations which are involved in maritime traffic accidents must report immediately to the harbour superintendency administration at the nearest harbour by a high-frequency telephone, radiotelegram or other effective means. The content of the reports shall include: name of the vessel or installation, call sign, nationality, port of departure and port of arrival, owners or managers of the vessel or installation,when and where the accident happened and the attending circumstances on the sea, the extent of damage of the vessel or installation, request for salvage, etc. Article 6 . The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making brief reports immediately in accordance with the provisions in Article 5, submit the Report Concerning Maritime Traffic Accidents and other necessary documents and material according to the following stipulations to the harbour superintendency administration; (1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit a report and other material to the local harbour superintendency administration within 24 hours after the accidents. (2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it is necessary to submit a report and other material within 48 hours after the vessels arrive at the first harbour in the People's Republic of China of the harbour superintendency administration; in the case of installations, it is necessary to report by telegram, the content of which shall cover all the items required in the Report Concerning Maritime Traffic Accidents to the harbour superintendent at the nearest harbour within 48 hours after the accidents. (3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic Accidents to the local harbour superintendency administration within 24 hours after his return to the harbour. If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set in paragraphs (1) and (2) of this Article, the time limit may be appropriately extended after permission is obtained from the harbour superintendency administration. Article 7 . The following information shall be truthfully provided in the Report Concerning Maritime Traffic Accidents: (1) Basic conditions of the vessel or installation and the data concerning its main functions; (2) Name and address of the owner or manager of the vessel or installation; (3) When and where the accident happened; (4) The climatic conditions and the conditions on the sea when the accident happened; (5) A detailed description of the course of the accident (for a collision, a sketch map illustration the face-to-face movements shall be attached); (6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to make a thorough investigation within the set time limit, a report shall be submitted at a later date after the examination.) (7) Estimated location of sinking in case where the vessel or installation sank; (8) Other information related to the accident. Article 8 . A report concerning maritime traffic accidents must be truthful and there must not be any concealment or falsification. Article 9 . If a vessel or an installation is damaged due to a maritime traffic accident, the captain in of the vessel or the person in charge of the installation shall apply to China's local inspection department or the inspection department at the vessel's first port of arrival in China for inspection or appraisement and send a copy of the inspection report to the harbour superintendency administration for the record. The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant unite or department and the expenses shall be borne by the owner or manager of the vessel or installation. If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation must apply to a fire fighting brigade in the public security organ for an appraisement and se......