MARINE GUIDANCE NOTE
MGN XX (M+F)
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Statutory Reporting Requirements for Incident,
Accident and Pollution
Notice to all operators, shipowners, managers, masters, ships’ officers and owners
and operators of recreational craft, fishing vessels and traditional ships.
This notice should be read in conjunction with regulations as listed in
section 2 below.
Summary
This Notice is to inform all vessel owners of the requirements of the new Merchant Shipping
(Amendments to Reporting Requirements) Regulations 2005, (“the 2005 Regulations”). The
2005 Regulations ensure that the regulatory requirements in respect to the reporting of
accidents, incidents and pollution continue to give effect to Article 8 of the International
Convention for the Prevention of Pollution from Ships 1973 (MARPOL) and Protocol I to that
Convention. There are similar but additional requirements contained in European Parliament
and Council Directive 2002/59/EC.
1 Introduction/ Background
1.1 Her Majesty’s Coastguard is dependant upon seafarers to report dangers, accidents and incidents in
order to ensure the safety of the mariner, the coastal environment and the waters of the United
Kingdom and beyond. Additionally the seafarer may be the only observer to an incident and so rapid
reporting will aid the response of the Coastguard to an emergency.
1.2 The MCA expects that persons in charge of ships and boats will in every event report serious
incidents to the Coastguard, so that search and rescue and counter-pollution resources can, if necessary,
be deployed (alternatively reports should be made to the Harbour Authority if the event is within a
Harbour Area). The MCA prefers to educate rather than prosecute. Nevertheless, the Agency will, as a
final resort, in appropriate circumstances, take enforcement action following an incident, for example
where lives are needlessly put at risk. An easy to use summary of statutory requirements for reports is
included, see the attached appendix.
2 Reports required following an accident or an incident
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2.1 It is anticipated that some of the reports following an accident or incident may require and be
combined with distress or other safety related messages. The reporting requirements also cover
pollution incidents. Reports are required to ensure that UK and appropriate coastal authorities are
informed of an incident, can initiate an appropriate response and can inform the authorities of other
States and/or ships that may be affected, in accordance with international obligations. The requirements
to make a report following an incident or accident are contained in two sets of regulations, both of
which have been amended by the 2005 Regulations:
the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations
2004 (the “2004 Regulations”); and
the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting
Goods Regulations 1995 as amended (the “1995 Regulations”).
2.2 The 2004 Regulations as amended, apply to all ships with the exception of fishing vessels,
traditional ships, recreational craft having a length of less than 45 metres and with the exception of all
ships with respect to bunker fuel of less than 5000 tonnes.
2.3 The 1995 Regulations as amended, apply to fishing vessels, traditional ships, recreational craft of
less than 300 gross tons or, if more, having a length of less than 45 metres and all ships with respect to
bunker fuel of less than 5000 tonnes.
2.4 The 2005 Regulations remove some reporting requirements in the case of vessels of less than 15
metres in length.
2.5 A summary of the reporting requirements is set out in the appendix to this MGN.
2.6 Reports should be made to the nearest Rescue Co-ordination Centre which in the UK are coastal
stations operated by HM Coastguard. Details on the arrangements that are in place to receive distress,
urgency and safety messages are provided in the Annual Summary of Admiralty Notices to Mariners
under General Arrangements for Search and Rescue and in the Admiralty Lists of Radio Signals. This
includes use of the Global Maritime Distress and Safety System (GMDSS) and Digital Selective
Calling (DSC). For small boat users, the MCA also publishes information leaflets and sheets on related
subjects including Life Saving Signals, GMDSS, SOLAS V, Emergency Alerting and GMDSS
Procedures for Small Boat Users. Outside of UK territorial waters and the UK continental shelf, reports
should be made:
a) in search and rescue situations within the UK Search and Rescue Region (as shown in the
Admiralty List of Radio Signals Volume 5, to HM Coastguard;
b) in situations of pollution and pollution related incidents within the UK Pollution Control
Zone (nominally 200nm from the baseline, as restricted by median lines with other States), to
HM Coastguard; or
c) in search and rescue or pollution related situations beyond the areas referred to in a) and b)
above, to the competent authority of the nearest coastal state.
2.7 The reporting requirements will ensure that Her Majesty’s Coastguard is informed without delay
and to the fullest extent possible with the purpose of ensuring the correct and prompt response of
authorities to incidents, accidents or potentially dangerous situations at sea, including search and rescue
operations, and contributing to better prevention, detection and clean-up of pollution by ships.
2.8 It is necessary to maintain a reporting requirement in the 1995 Regulations so that the United
Kingdom continues to comply with the International Convention for the Prevention of Pollution from
Ships 1973 as modified by the Protocol of 1978 relating thereto (the MARPOL Convention) and
including the provisions of Protocol I to that Convention.
2.9 Regulations affecting distress and other safety related messages are based upon those contained in
Chapter V of the Safety of Life at Sea Convention, 1974; given effect by the Merchant Shipping Act
1995 and the Merchant Shipping (Safety of Navigation) Regulations 2002. Details are contained in the
MCA publication Safety of Navigation, implementing SOLAS, Chapter V. An electronic version of this
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document is available and can be accessed through the MCA website.
3 Accident reporting and investigation reports
Reports under the Regulations are separate from and in addition to requirements to report shipping
accidents to the Department for Transport Marine Accident Investigation Branch (MAIB) and
application of the reporting requirements under the Merchant Shipping (Accident Reporting and
Investigation) Regulations 1999 (SI No. 2567), currently under revision. Note: All United Kingdom
ships, with the exception of pleasure vessels have a statutory duty to report under these Regulations.
Further details of those reporting requirements can be found in Marine Guidance Note MGN.115
(M+F). The purpose of those reports is to permit the MAIB to investigate accidents, and not to
facilitate emergency response.
4 Safety and distress messages
4.1 Following accidents or incidents the decision whether to send a distress message or call for
assistance is left to the judgement of the person in charge of the craft. The UK Government has
delegated to HM Coastguard the authority and responsibility for the initiation and co-ordination of civil
maritime search and rescue (SAR) within the United Kingdom Search and Rescue Region (UKSRR).
4.2 There are legal requirements applicable on all ships regardless of size to:
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let the Coastguard and any other vessels in the vicinity know if you encounter anything that
could cause a serious hazard to navigation, if it has not already been reported. This can be
done by calling the Coastguard on VHF Channel 16, VHF DSC, or by telephoning them at the
earliest opportunity. The Coastguard will then warn other vessels in the vicinity. (SOLAS
V/311)
respond to any distress signal that you see or hear and help anyone in distress as best you can.
(SOLAS V/331)
have access to the lifesaving signals table. (SOLAS V/291)
prohibit misuse of any distress signals. These are critical to safety at sea and by misusing them
you could place your or someone else’s life at risk. (COLREG Rule 372)
render such assistance as may be practicable to another ship in case of collision with that ship
and for the master of a ship to give the master of the other ship the name of own ship and the
ports from which it comes and to which it is bound. (Merchant Shipping Act 1995 section 92).
This duty applies even if one of the ships is not underway.
5 Routine reports
Routine reports and notifications are required by legislation implementing SOLAS Chapters V, VII
MARPOL Annex III and Directive 2002/59/EC.
Notifications – Routine notifications from ships comprise: 1) those given prior to port entry; and 2)
those required by ships carrying cargoes that include dangerous or polluting goods. These requirements
are contained in the 2004 Regulations with further details provided in Merchant Shipping Notice
MSN.1784 (M).
Routine Reporting at sea – Maritime Reporting systems or MAREPs may be voluntary or mandatory.
When adopted and implemented by the International Maritime Organization (IMO) pursuant to
1
Refers to the appropriate regulation of the Safety of Life at Sea Convention implemented by the Merchant Shipping (Safety of
Navigation) Regulations 2002 (SI 2002 No.1473)
2
Refers to Rule 37 of the International Regulations for Preventing Collisions at Sea implemented by the Merchant Shipping
(Distress Signals and Prevention of Collisions) Regulations 1996 (SI 1996 No. 75) and hence applies to all vessels on the high
sea and all waters connected therewith.
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regulation 11 of the SOLAS Convention, they shall be used by all ships, or certain categories of ships
or ships carrying certain cargoes in accordance with the provisions of each system. Further details can
be found in the publication Safety of Navigation, implementing SOLAS Chapter V. Details of ship
reporting systems are published in the Admiralty List of Radio Signals Volume 6 and are often shown
on published charts. The format of reports usually follows the IMO standard format and procedures for
ship reporting. See also MGN.128 for Navigating in the Dover Strait.
Vessel Traffic Services (VTS) – When implemented in accordance with IMO standards pursuant to
regulation 12 of the SOLAS Convention, VTS shall be used by all ships, or certain categories of ships
or ships carrying certain cargoes in accordance with the provisions of each system. They generally
include as a minimum, a requirement to report on entry and departure form the system. Further details
can be found in the publication Safety of Navigation, implementing SOLAS Chapter V. Details of ship
reporting systems are published in the Admiralty List of Radio Signals Volume 6 and are sometimes
shown on published charts. Further provisions applicable to VTS are contained in the 2004
Regulations.
6 The Confidential Hazardous Incident Reporting Program (CHIRP)
CHIRP is an independent confidential and voluntary reporting programme for people employed or
having an active interest in the aviation and maritime industries. CHIRP’s primary purpose is to
receive confidential reports and, when relevant to represent safety related issues to the respective
operational management and/or regulatory agency without revealing the identity of the reporter.
Disidentified reports are published regularly in newsletters to raise awareness among professional
groups to safety related issues raised through the programme.
The aim of the Reporting Programme is to contribute to the enhancement of maritime safety by
providing a totally independent confidential (not anonymous) reporting system for all individuals
employed in or associated with the industry. CHIRP complements other formal reporting systems
operated by many UK organisations, by providing a means by which individuals are able to raise issues
of concern without being identified to their peer group, management, or the Regulatory Authority.
The submission of a CHIRP report does not fulfil the statutory obligations under the Regulations 2005.
CHIRP reports are handled on a strictly confidential basis, but it is possible that an incident reported to
CHIRP may also be reported independently to the MCA by a third party. The MCA gives an assurance
that its primary concern is to secure free and uninhibited reporting through CHIRP and it will not be its
policy to institute proceedings in respect of unpremeditated or inadvertent breaches of the law that are
the subject of a CHIRP report and which come to its attention from such a third party report, except in
cases involving dereliction of duty amounting to gross negligence.
Further Details can be found online at:
www.chirp.co.uk/
Other contact details:
CHIRP • FREEPOST (GI3439)
Building Y20E • Room G15
Cody Technology Park
Ively Road
Farnborough
Hampshire, GU14 0BR • UK
Confidential Tel: +44 (0) 1252 395013
or
(Maritime) Freefone (UK only) 0808 100 3237
and Confidential Fax: +44 (0) 1252 394290
7 Other non-statutory reports
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Mariners are requested to report any other situations that may lead to serious damage to other marine
craft to the relevant authorities or the owner, for reasons of safety, prevention of pollution and the
preservation of property.
8 Standard format and procedures for ship reports
The standard format and procedures for ship reporting, including reporting incidents involving
dangerous goods, marine pollutants, other harmful substances or safety, in accordance with IMO
Resolution A.851(20) and referred to in regulations are contained in Marine Guidance Note MGN.242
(M+F).
Further Information
Further information on the contents of this Notice can be obtained from:
Navigation Safety Branch
Bay 2/29
Maritime and Coastguard Agency
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Telephone: +44 (0) 23 8032 9315
Fax: +44 (0) 23 8032 9204
E-Mail: [email protected]
General Enquiries: 24 Hour Infoline
[email protected]
0870 600 6505
MCA Website Address: Internet: http://www.mcga.gov.uk
File Ref: MNA 136/003/0018
Published: 03/2005
© Crown Copyright 2005
Safer Lives, Safer Ships, Cleaner Seas
imag e
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Appendix
Summary of reports which must be made to the HM Coastguard or competent authority1
Type of Accident or Incident
Type of Craft Affected
Discharge of oil or noxious liquid substance above All types of craft of any length
the permitted level2 for whatever reason
Relevant legislation
1995 Regulations (regulation 9(1))(a)
and (d)
2004 Regulations (regulation 12(1)
and(5)
A discharge of dangerous goods or harmful All types of craft of any length
substances in packaged form, or the probability of
such a discharge, including those in freight
containers, portable tanks road and rail vehicles and
shipborne barges.
Accidents, incidents or circumstances at sea which(i) affect the safety of the ship, such as collision,
grounding, fire, explosion, structural failure,
flooding or cargo shifting; or
(ii) impair the safety of navigation, such as failure
or breakdown of steering gear, propulsion plant,
electrical generating system or essential shipborne
navigational aids.
1995 Regulations (regulation 9(1)(b)
2004 Regulations (regulation 12(7))
Ships of 15 metres in length or 1995 Regulations (regulation 9(1)(c))
above
2004 Regulations (regulation 12(1)
and (5))
1 The requirement to make reports to the Marine Accident Investigation Branch following an incident are separate from and in addition to the requirements set out in this table.
2
“permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 or the Merchant Shipping (Dangerous or
Noxious Liquid Substances in Bulk) Regulations 1996
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Type of Accident or Incident
Type of Craft Affected
A discharge or threat of discharge of polluting goods All types of craft of any length
into the sea likely to result in pollution of UK waters
or the coastline of the UK.
A discharge or threat of discharge of polluting goods All types of craft of any length
into the sea likely to result in pollution of UK waters
or the coastline of another state.
Relevant legislation
1995 Regulations regulation 9(1)
2004 Regulations regulation 12(1)
1995 Regulations (regulation 9(1)(a)
and (d)
2004 Regulations (regulation 12(5))
Also likely to be covered by local
regulations.
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