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The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 reg 4

reg 4 Application

(1) These Regulations apply to all accidents involving or occurring on board— (a) any United Kingdom ship, except that regulation 6 does not apply in relation to— (i) a pleasure vessel; (ii) a recreational craft which is hired on a bareboat basis; or (iii) any other craft or boat, other than one carrying passengers, which is in commercial use in a harbour or on an inland waterway and is less than 8 metres overall in length unless, in the case of a craft or boat mentioned in sub-paragraphs (ii) or (iii), the accident involves any of the following— (aa) explosion; (bb) fire; (cc) death; (dd) serious injury; (ee) capsize of a power-driven craft or boat; or (ff) severe pollution; or (b) any other ship within the United Kingdom or United Kingdom waters save that regulations 6, 10(1), 10(2) or 10(3) only apply in relation to such a ship, to which these Regulations apply, if- (i) it is within the jurisdiction of a harbour master or Queen's harbour master appointed or required to be appointed, under any enactment; (ii) it is employed in carrying passengers to or from a port in the United Kingdom or a place mentioned in sub-paragraph (i); or (iii) an inspector, or other person acting on behalf of the Chief Inspector, requires that any of the evidence mentioned in regulation 10(1) or 10(2) be preserved; or (c) any other ship, where the Chief Inspector considers the United Kingdom to be a Substantially Interested State. (2) A safety investigation may also be held under regulation 8 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or United Kingdom waters , if the Secretary of State so determines. (3) For the purpose of this regulation, “ hired on a bareboat basis ” means hired without a professional master, skipper or crew.

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