Maritime collisions are some of the most complex and costly incidents that can occur at sea. While modern navigation systems have significantly reduced such accidents, human error remains a prevalent cause. In this article, we delve into the primary causes of vessel collisions, the role of insurance in mitigating liabilities, and the best practices for managing and reporting such incidents.
Collisions at sea are overwhelmingly attributed to human negligence. Key Causes of Collisions
Improper Lookout:
The failure to maintain a proper lookout accounts for 54% of collisions. This negligence can result in missed opportunities to detect and avoid nearby vessels.
Improper Command and Supervision:
Negligence in bridge management, such as failing to adhere to service regulations, can increase the likelihood of collisions.
Fatigue:
Fatigue among crew members reduces reaction times and impairs judgment, making accidents more likely.
Excessive Vessel Speed:
Traveling at unsafe speeds limits the time and space available for maneuvering, increasing collision risk.
Breach of Steering and Sailing Rules:
Violating navigation rules contributes to 19% of collisions. These breaches often involve improper maneuvering, especially in crossing situations or in restricted visibility.
Breach of Rules on Sound and Light Signals:
Failure to use sound and light signals effectively can lead to confusion and accidents, especially during low visibility.
Non-Display of Navigational Lights, Shapes, or Flags:
Proper signaling is crucial for communication between vessels. Failure to display these can lead to dangerous misunderstandings.
Over 70% of vessel collisions are caused by improper lookout and breaches of navigation rules.
When a vessel is involved in a collision, financial liabilities can be extensive. Losses from such accidents are typically borne by the owners of both vessels based on their apportioned liability. Here’s how different types of marine insurance handle these liabilities:
Type of Loss/Damage | Covered By |
|---|---|
Hull Damage (Own Vessel) | Hull & Machinery (H&M) Underwriters |
Cargo Damage (Own Vessel) | Cargo Underwriters |
Personal Injury, Pollution, Wreck Removal (Own Vessel) | P&I Club |
Hull/Cargo Damage, Loss of Earnings (Opponent) | H&M Underwriters |
Personal Injury, Pollution, Wreck Removal (Opponent) | P&I Club |
Hull and Machinery Insurance (H&M): Covers damage to the insured vessel and, under the Running Down Clause (RDC), may cover liabilities to the opponent’s vessel.
P&I Club: Handles personal injury, pollution, and wreck removal liabilities for both vessels.
The Master must act decisively to secure safety and collect critical information. This can be broken into several phases:
Take preventive measures to mitigate further harm.
Investigate the extent of damage (e.g., water ingress, fire, oil pollution).
Notify local authorities and relevant parties promptly.
Record vessel headings, speed, and engine movements.
Assess lookout conditions and the use of navigational signals.
Observe and document the opponent vessel’s movements and conditions.
Note vessel speed, headings, and damage.
Record the exact time and position of the collision.
Capture weather and sea conditions at the time of impact.
Document cargo details and any damage sustained.
Examine the extent of damage to both vessels.
Collect contact information for cargo owners and insurers.
Thorough documentation is vital for determining liability and negotiating claims. Essential records include:
Logbooks and Records: Include the telegraph logger, bell book, and engine log.
Navigational Charts: Mark positions periodically.
Statements: Collect statements from crew members and any onboard pilots.
When a vessel is involved in a collision, swift and accurate reporting is critical. The Master must immediately notify the vessel’s owners, P&I Club, and other relevant parties. Here's how to approach reporting:
Accurate Initial Notification:
Provide brief, clear, and calm communication to stakeholders.
Include essential details such as time, location, and extent of damage.
Notify the P&I Club:
The Club or its local correspondents will assist in investigations, provide advice, and gather evidence.
Collaborate with Surveyors:
H&M underwriters conduct a Survey for your vessel’s hull damage.
P&I Club may arrange a Survey for the opponent’s vessel.
After a collision, various parties will conduct investigations. The Master must:
Reject interviews or inquiries from the opponent’s lawyers or surveyors without owner approval.
Provide honest and accurate answers during interviews.
Notify owners or P&I correspondents if fines or security deposits are imposed.
Fully cooperate with investigations by the vessel’s own lawyers, surveyors, and P&I correspondents.
Limit surveys by opponent representatives to damage inspections only, restricting access to other areas or records.
Carefully review any statements before signing.
The following guidelines are critical for managing collision incidents effectively:
Avoid Admitting Liability: Do not accept responsibility at the collision site.
Prioritize Safety: Human life and environmental safety take precedence.
Signature Protocols: Sign opponent notices with the remark "Without Prejudice and Receipt Only."
Document Thoroughly: Maintain consistent records and gather corroborating accounts from crew members.
Notify the Master immediately.
Sound the general emergency alarm if required.
Broadcast an urgency or distress message, if applicable.
Report the casualty to relevant authorities.
Report the casualty to the company office.
Alert the crew, ensure their safety, and account for everyone.
Inform the VTS or port authority as appropriate.
Establish communication with the other vessel involved.
Initiate damage control measures promptly.
Contact Class ERS for damage stability assessment and guidance on cargo or ballast transfer.
Assess the vessel's structural integrity, including damaged stability and hull stress.
Sound internal spaces and begin a structural damage survey.
Implement the VRP or SOPEP plan as applicable.
Adjust maneuvering or stop the engine as appropriate.
If unable to maneuver due to exceptional circumstances, display the "Not Under Command" signal (COLREGS Rule 27) and update navigation status on AIS.
Isolate cargo and fuel pipelines in affected areas of the vessel.
Transfer cargo internally or consider lightering if necessary.
Close watertight and automatic fire doors.
Preserve VDR or S-VDR records if not automatically protected.
Preserve ECDIS records for post-incident analysis.
Maintain detailed logs and records of all events and decisions.
Investigate and determine the cause of the casualty.
Muster passengers, if onboard, and ensure their safety.
Prepare survival crafts in case abandoning the ship becomes necessary.
Offer assistance to the other vessel involved.
Switch on deck lights to improve visibility.
Maritime collisions, while unfortunate, can be managed effectively through preparedness, vigilance, and adherence to protocols. By securing safety, documenting events comprehensively, and leveraging insurance support, shipmasters and owners can mitigate losses and navigate post-collision processes with confidence.
In summary:
Always maintain a proper lookout and adhere to navigational rules to prevent collisions.
Understand the scope of your H&M and P&I insurance to ensure adequate coverage.
Act swiftly to report and manage incidents, preserving evidence and cooperating with appropriate investigations.
