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
Order of the Ministry of Communications No. 14
March 3, 1990
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 harbor 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 materials according to the following stipulations to the harbor 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 materials 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 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.
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