16.1
Independence: A marine safety
investigation should be unbiased to ensure the free flow of information
to it.
16.1.1 In order to achieve the outcome in paragraph
16.1, the investigator(s) carrying out a marine safety investigation
should have functional independence from:
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.1 the parties involved in the marine casualty
or marine incident;
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.2 anyone who may make a decision to take administrative
or disciplinary action against an individual or organization involved
in a marine casualty or marine incident; and
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.3 judicial proceedings.
16.1.2 The investigator(s) carrying out a marine
safety investigation should be free of interference from the parties
in .1, .2 and .3 of paragraph 16.1.1 with respect to:
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.1 the gathering of all available information
relevant to the marine casualty or marine incident, including voyage
data recordings and vessel traffic services recordings;
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.2 analysis of evidence and the determination
of causal factors;
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.3 drawing conclusions relevant to the causal
factors;
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.4 distributing a draft report for comment and
preparation of the final report; and
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.5 if appropriate, the making of safety recommendations.
16.2
Safety focused: It is not the
objective of a marine safety investigation to determine liability,
or apportion blame. However, the investigator(s) carrying out a marine
safety investigation should not refrain from fully reporting on the
causal factors because fault or liability may be inferred from the
findings.
16.3
Co-operation: Where it is practicable
and consistent with the requirements and recommendations of this Code,
in particular chapter 10 on Co-operation, the marine safety investigating
State(s) should seek to facilitate maximum co-operation between substantially
interested States and other persons or organizations conducting an
investigation into a marine casualty or marine incident.
16.4
Priority: A marine safety investigation
should, as far as possible, be afforded the same priority as any other
investigation, including investigations by a State for criminal purposes
being conducted into the marine casualty or marine incident.
16.4.1 In accordance with paragraph 16.4 investigator(s)
carrying out a marine safety investigation should not be prevented
from having access to evidence in circumstances where another person
or organization is carrying out a separate investigation into a marine
casualty or marine incident.
16.4.2 The evidence for which ready access should
be provided should include:
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.1 survey and other records held by the flag State,
the owners, and classification societies;
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.2 all recorded data, including voyage data recorders;
and
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.3 evidence that may be provided by government
surveyors, coastguard officers, vessel traffic service operators,
pilots or other marine personnel.
16.5
Scope of a marine safety investigation:
Proper identification of causal factors requires timely and methodical
investigation, going far beyond the immediate evidence and looking
for underlying conditions, which may be remote from the site of the
marine casualty or marine incident, and which may cause other future
marine casualties and marine incidents. Marine safety investigations
should therefore be seen as a means of identifying not only immediate
causal factors but also failures that may be present in the whole
chain of responsibility.