(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 materials within 48 hours after the vessels arrive at the first harbour in the People's Republic of China to 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 illustrating 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 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 units or departments 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 the installation must apply to a fire fighting brigade in the public security organ for an appraisement and send a copy of the appraisement report to the harbour superintendency administration for the record.
Chapter III Investigation
Article 10
Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen in the waters of their respective harbour areas. The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency administration of the nearest harbour or that of the vessel's first port of arrival in the People's Republic of China. The Harbour Superintendency Administration Bureau of the People's Republic of China may designate a harbour superintendency administration to carry out the investigation, if the Bureau deems it necessary.When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations to take part in the nvestigation of the accidents.
Article 11
Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation shall be carried out in an objective and all-round manner and must not be restricted by the information provided by the parties involved in the accidents. If the investigation warrants it, the harbour superintendency administration has the right to:
(1) question the persons concerned;
(2) demand written material and testimonial form the persons under investigation;
(3) demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, data of the vessel, functions of the navigation equipment and instruments and other necessary original papers and materials;
(4) examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness of the vessels and technical conditions of the installations before the accident;
(5) examine the damage to the vessels, installations and goods and ascertain casualties of personnel;
(6) survey the scene of the accident and collect relevant material evidence. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may resort to other means of investigation permitted by law.
Article 12
The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident and provide authentic papers and materials. In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons being investigated.
Article 13
If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) involved to sail to the spot for investigation. Except when its (their) own safety is in danger, the vessel(s) involved must not leave the said spot without the permission of the harbour superintendency administration.
(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 illustrating 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 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 units or departments 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 the installation must apply to a fire fighting brigade in the public security organ for an appraisement and send a copy of the appraisement report to the harbour superintendency administration for the record.
Chapter III Investigation
Article 10
Harbour superintendency administration shall be responsible for the investigation of the maritime traffic accidents which happen in the waters of their respective harbour areas. The maritime traffic accidents which happen outside the waters of harbour areas shall be investigated by the harbour superintendency administration of the nearest harbour or that of the vessel's first port of arrival in the People's Republic of China. The Harbour Superintendency Administration Bureau of the People's Republic of China may designate a harbour superintendency administration to carry out the investigation, if the Bureau deems it necessary.When the harbour superintendency administration concerned deems it necessary, he may request relevant departments and social organizations to take part in the nvestigation of the accidents.
Article 11
Upon receiving accident reports, the harbour superintendency administration shall promptly carry out investigation. Investigation shall be carried out in an objective and all-round manner and must not be restricted by the information provided by the parties involved in the accidents. If the investigation warrants it, the harbour superintendency administration has the right to:
(1) question the persons concerned;
(2) demand written material and testimonial form the persons under investigation;
(3) demand the parties involved to provide logbooks, engine room logs, wheel-bell records, radio operation logs, course records, charts, data of the vessel, functions of the navigation equipment and instruments and other necessary original papers and materials;
(4) examine certificates of the vessels, installations and the relevant equipment and certificates of the personnel and verify seaworthiness of the vessels and technical conditions of the installations before the accident;
(5) examine the damage to the vessels, installations and goods and ascertain casualties of personnel;
(6) survey the scene of the accident and collect relevant material evidence. During the investigation, the harbour superintendency administration may use recording, photographing and video equipment and may resort to other means of investigation permitted by law.
Article 12
The persons being investigated must subject themselves to the investigation, honestly state the relevant circumstances of the accident and provide authentic papers and materials. In conducting investigations, the personnel of harbour superintendency administration shall produce their certificates to the persons being investigated.
Article 13
If the investigation of a maritime traffic accident so requires, the harbour superintendency administration may order the vessel(s) involved to sail to the spot for investigation. Except when its (their) own safety is in danger, the vessel(s) involved must not leave the said spot without the permission of the harbour superintendency administration.
请登录后评论~