(Effective Date:1990.03.03–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II REPORT
CHAPTER III INVESTIGATION
CHAPTER IV HANDLING OF ACCIDENTS
CHAPTER V MEDIATION
CHAPTER VI PENALTIES
CHAPTER VII SPECIAL PROVISIONS
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 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 If there exist special provisions in state laws and administrative regulations for the investigation and handling of the maritime 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 Article 6. The persons in charge of the vessels and installations which are involved in maritime traffic accidents must, in addition to making (1) If maritime traffic accidents happen to vessels or installations within the waters of the harbour areas, it is necessary to submit (2) If maritime traffic accidents happen to vessels or installations in the coastal waters beyond the waters of harbour areas, it (3) If a maritime traffic accident happens in the course of pilotage, the pilot shall submit the Report Concerning Maritime Traffic If, because of special circumstances, the Report Concerning Maritime Traffic Accidents cannot be submitted within the time limit set 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 (6) Degree of the damage (A sketch showing the damaged parts of the vessel or installation shall be attached. If it is difficult to (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 falcification. 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 The harbour superintendency administration may entrust the inspection and appraisement mentioned in the preceding paragraph to relevant If the accident happening to a vessel or installation involved fire or explosion, the captain or the person in charge of installation
CHAPTER III INVESTIGATION Article 10. Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations Article 11. Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation (1) Question the persons concerned; (2) Demand written material and testimonial from the persons under investigation; (3) Demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, (4) Examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness (5) Examine the damage to the vessels, installations and goods and assertain casualties of personnel; (6) Survey the scene of the accident and collect relevant material evidences. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may Article 12. The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons Article 13. If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) Article 14. The organs respectively in charge of public security, state security, supervision, procuratorial work, and judicial work, as well
CHAPTER IV HANDLING OF ACCIDENTS Article 15. The harbour superintendency administrations shall, according to the investigations of maritime traffic accidents, work out the Report Article 16. The Report on Findings Concerning the Maritime Traffic Accident shall include the following items: (1) Basic conditions of the vessels or installations and the main data; (2) Names and addresses or the owners or managers of the vessels or installations; (3) When and where the accident happened, the course of the accident, weather and sea conditions at the time, seriousness of the damage; (4) Causes of the accident and evidences thereof; (5) Liabilities of the parties involved and evidences thereof; (6) Other relevant information. Article 17. The harbour superintendency administrations may, according to the nature and seriousness of their liabilities, mete out the following (1) Warnings, fines, suspension or revocation of their job certificates may be resorted to when the crew, pilots or personnel working (2) Warnings and fines may be imposed on the crew or the personnel working on the installations who are of foreign nationalities or Article 18. If it is necessary to pursue the administrative responsibility of the persons involved, owners or managers of the vessels or installations Article 19. The harbour superintendency administration may, in the light of the causes of the maritime traffic accidents, order the owners and
CHAPTER V MEDIATION Article 20. If a maritime traffic accident happening to vessels or installations gives rise to a civil dispute over tort liability, the parties Mediations must be carried out on the principles of voluntariness and impartiality and no coercion shall be allowed. Article 21. If s suit has been brought before a maritime court or an application sent to a maritime arbitration organ, the parties to the civil Article 22. Written applications for mediations shall be submitted, by the parties within 30 days after the accident happened, to the harbour Article 23. If an agreement is reached after mediation, the harbour superintendency administration shall prepare a mediation document. The mediation Article 24. All the parties concerned shall execute the agreement of mediation of their own accord. If the parties renegue or fail to execute Article 25. If a party to a civil dispute who has applied to the harbour superintendency administration for mediation wants to withdraw from Article 26. If the harbour superintendency administration fails to make the parties reach an agreement of mediation within 3 months as of the Article 27. If the parties do not want mediation or the mediation has failed, they may bring a suit in a maritime court or apply to a maritime Article 28. Anyone who has applied to the harbour superintendency administration for mediation shall pay mediation fees. Standards for mediation If an agreement is reached through mediation, the mediation charge shall be shared according to the seriousness of the parties’ faults
CHAPTER VI PENALTIES Article 29. The harbour superintendency administration may, depending on the circumstances, warn or impose a fine of not more than 200 yuan on (1) Failing to report the accident to the harbour superintendency administration or submit the Report Concerning Maritime Traffic (2) Failing to sail to the spot designated by the harbour superintendency administration or leaving the designated spot without the (3) Affecting the progress of the investigations or causing losses to the departments concerned because the content of the accident (4) Affecting the investigation of the accident by violating the provisions of Article 9; (5) Refusing to be investigated or unjustifiably obstructing and interfering with the investigation by the harbour superintendency (6) Intertionally concealing facts or providing false testimonial during investigation. With respect to persons whose acts have constituted a crime as specified in paragraphs (5) and (6) of this Article, the judicial organs Article 30. Administrative sanctions shall be given by administrative supervision organs or relevant units to those persons working in harbour Article 31. If the parties concerned do not agree with the penalties imposed on them by the harbour superintendency administration according
CHAPTER VII SPECIAL PROVISIONS Article 32. If maritime traffic accidents happen to vessels of Chinese nationality outside the coastal waters of the People’s Republic of China, Article 33. If crew members of Chinese nationality holding job qualification certificates of the People’s Republic of China are held responsible The maritime traffic accidents mentioned in the first paragraph of this Article and in Article 32 shall be investigated and dealt
CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 34. With respect to those operations which have violated the regulations concerning maritime traffic safety and have constituted latent Article 35. The maritime traffic accidents which have caused marine environmental pollution shall be dealt with in accordance with the relevant Article 36. These Regulations shall be interpreted by the Ministry of Communications. Article 37. These Regulations shall go into effect as of the date of promulgation.
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