The Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 require masters of Gibraltar registered vessels to report accidents to the Maritime Accident Investigation Compliance Officer (MAICO) and the Gibraltar Maritime Administration (GMA) as soon as practicable by the quickest means available.
The GMA have published a Shipping Guidance Notice (SGN 053), which contains information on the reporting requirements including what accidents and incidents need to be reported.
Office of the Maritime Accident Investigation Compliance Officer (MAICO)
The MAICO is an independent statutory post appointed by the Minister under Regulation 5 (2) of the Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulations 2012.
MAICO is responsible for the investigation of all marine casualties and marine incidents on board Gibraltar registered ships and within British Gibraltar Territorial Waters (BGTW).
The MAICO’s sole objective in investigation an accident under the Gibraltar Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 is the prevention of future accidents by establishing its causes and circumstances: its purpose is not to apportion liability, nor except so far as is necessary to achieve the objective, to apportion blame. The MAICO is not enforcement or prosecuting body.
Upon receipt of an accident report, the Office of the MAICO will undertake an evaluation to determine on what further action is necessary and whether a marine safety investigation will be conducted.
Not all accidents will require a safety investigation to be undertaken by the MAICO, however, a maritime safety investigations will be conducted into every “very serious marine casualty”. A “very serious marine casualty” is defined as an accident involving the total loss of the ship or a death or severe damage to the environment.
Safety investigations undertaken by the MAICO under the applicable regulations will result in a published report. The GMA will post the aforementioned accident reports on its website.
In addition to the aforementioned accidents reports, the Maritime Administrator may publish any reports published by the MAICO in relation to lessons learned.