Marine Surveying: Incidents, IMO Document, Legal Rights, and a Case Study

TMA3: DIPLOMA IN MARINE SURVEYING
PART A
INTRODUCTION TO MARINE SURVEYING
This study deals with the evaluation of marine equipment’s like vessels, ships, cargo etc., also to
check damages, acknowledge prior deformation and possibility of incidents through surveying.
Primary activity of a Marine surveyor is to test marine ships, boats and cargo to maintain better
market value and render services at the time of purchase and vending, to yield for the
organization. They also serve the purpose of an expert witness in law proceedings.1
MARINE CASUALTY & INCIDENT
A marine casualty is a term referred to happening of an event which is uncertain. A casualty
always counts for some loss of life and property taking place unexpectedly.
Any occurrence or a series of occurrence which straightway affects the ship or could jeopardize
the invulnerability and security of the ship, equipment’s, staff present on board, etc. is termed as
marine incident. A marine incident also includes menacing events and minor negligence towards
safety and precautions. Like the incident with THE TITANIC, the near miss direct collision with
the glacier leaded to a severe casualty. 2
MARINE CASUALTY v/s MARINE INCIDENT
In marine casualty there are uncertain occurrences leading to loss of lives whereas in marine
incidents there are possibilities of endangering the ship and its crew members due to some series
of events. A marine incident could be encountered or managed before leading to a major loss of
things or beings. In terms of level of threat, casualty is at high level and incident is at low level.3
1
An introduction to the marine surveying profession (accessed September 3,2019) ;
available from https://www.iims.org.uk/wp-content/uploads/2014/07/IIMS-HNC-HND-Unit1-
Version2.pdf
2 Koshal, “Incident vs Accident: Difference between incident and accident, June 14, 2011.
Accessed September 3, 2019. Available from https://www.differencebetween.com/difference-
between-incident-and-vs-accident/
3 Marine accident and incident investigation committee (accessed September 3, 2019) ; available from
http://www.maic.gov.cy/mcw/dms/maic/maic.nsf/page02_en/page02_en?OpenDocument

IMO DOCUMENT
IMO stands for International Maritime Organizations. It is an IMO shipper’s declaration form
used to describe any hazardous material present in container, packaging or a vessel. It is
mandatory to fill an IMO form to ship any hazardous material by sea, according to the
International Maritime Organization regulations. All shippers must certify that all goods are
safeguarded and labelled properly.4
CIRCUMSTANCES OF INVESTIGATION TO BE PERFORMED UNDER FLAG
STATE
According to International Maritime Organization, under SOLAS regulation 1/21 and MARPOL
articles 8 and 12, each regime has to undertake those conventions and initiate any enquiry of any
casualty happening to ships under its flag subject and also supply the organisation with relevant
information regarding the dooms of such investigations. Article 23 of the Load Lines Convention
also requires the investigation of casualties.
According to the UN, the Law of the Sea convention (UNCLOS), article 94 on Duties of the flag
State, paragraph 7, it is written that every organization should uphold an investigation by an
expert or in the presence of people into marine casualty, also the incidents of navigation on high
sea levels, including any ship which is hosting flag of its state and causing damage to
environment, destruction of property, loss of lives, cause affliction to nationals of other nations,
severe mayhem to ships and shipments, installations of other nation, marine ecology, etc. The
state of flag and any other state should cooperate in the investigational inquiry if any to be
processed by any other state in context of any incidents as well as casualty on marine
ecosystem.”
4
IMO Documents (accessed September 3, 2019); available from
http://www.imo.org/en/About/Pages/IMODocuments.aspx

In May 2008, when the MSC (Maritime Safety Committee) met in London for its 84th session, a
new code of International Standards and recommended practices of safeguard investigation into a
Marine Casualty and Marine Incident (Casualty Investigation Code) was accepted by IMO. 5 6
SUBSTANTIALLY INTERESTED STATE
The situation where the corollary effects of a marine casualty or marine incidents causes serious
harm or threaten to that state, artificial islands, any structural entity falling under the exercising
jurisdiction is termed as substantially interested state. Also if the state surrounded by water is
tangled in a marine casualty or marine incident; or if any pivotal information is placed at disposal
which is considered vital for the marine safety investigating states undergoing investigation.7
MARINE SURVEYOR’S LEGAL RIGHTS
According to the Merchant Shipping Act, the legal rights of a surveyor being interviewed by the
Marine Safety Investigating State are stated as: A Inspector or Surveyor can go and inspect any
ship or any part of it. The surveyor can examine any premises and summon any person for
questioning. He could enforce any document, law, certificate relating to any ship as well as
persons on ship. He can convene any person present on the ship and can call any ship to be taken
into a dock for surveying of the hull.8
The surveyor and any person having powers of such an inspection officer adheres the powers
conferred under section 205(1); and may require to take oath, sign a document of truth
declaration produced in his assessment.9
5
Casualties (accessed September 3, 2019) ; available from
http://www.imo.org/en/OurWork/MSAS/Casualties/Pages/Default.aspx
6 Vandaag, Geldig. “MCI-Code Code for the Investigation of Marine Casualties and Incidents, November 27, 1997.
Accessed September 3,2010 . Available from https://puc.overheid.nl/nsi/doc/PUC_3003_14/1/
7 Substantially Interested State (accessed September3,2019); available from
http://www.iadclexicon.org/substantially-interested-state/
8 Merchant Shipping Act, “THE STATUTES OF THE REPUBLIC OF SINGAPORE”, April 30,1996. Accessed
September 3,2010 . Available from https://sso.agc.gov.sg/Act/MSA1995?ProvIds=P1XI-#P1XI-
9 ibid

The rules and legal rights provided to the Marine Surveyor are beneficial for both the surveyor
and the Flag State as it is in complete interest of the complete safeguarding of the marine life,
persons, property and environment while imposing the rightful laws. It also provide an
opportunity for other Flag States to counter and produce the right information against the court
of law in foreign land also to gain proper justification for the loss of lives and property by the
help of statutory body. Any person if involved in the miss happening, counts for the penalty and
legal proceedings to be encountered.
MARINE CASUALTY: CARRIER CAI JUN 3 IN TERITORIAL WATERS OF
SINGAPORE
A serious casualty of aggregate carrier Cai Jun 3 also known as CJ3 which is a panama
registered aggregates carrier capsized and sinked on 13 March 2017, reported after completion of
her dredging operations to the Singapore Vessel Traffic Information Service (VTIS) about the
heavy roll coll to her starboard. The crew described to the VTIS that the heavy roll coll was
caused due to the drop of suction pipe into the water and requested for immediate help.
This occurrence of event was labelled as a grave Marine Casualty by the Transport Safety
Investigation Bureau (TSIB) although all the crew members managed to save their lives,
abandoning the carrier using a work boat which was installed on-board and were later rescued
DETAILS OF THE CARRIER
Name Cai Jun 3
IMO number 8667309
Flag Panama
Classification societyi Isthmus Bureau of Shippingii (ClassIBS)
ISM3 RO Overseas Maritime Certification Services
(OMCS)
Ship type General Cargo Ship - Aggregates Carrier
Construction Steel
Keel Laid 28 September 2010
Delivery 25 March 2012