Japanese Ship Collided with a Cargo Ship, Killing a Captain

According to Japanese media reports, on the evening of November 23rd local time, a ship collision occurred in the waters off Kobe Port, Japan, resulting in the death of a captain.

Reports indicate that a Japanese tugboat collided with a Marshall Islands-registered cargo ship in the waters near Kobe Port. The accident caused the former to capsize, with all three crew members on board falling into the sea.

The report states that there were no injuries on the cargo ship, and there was no water ingress or oil spillage. It has been confirmed that the deceased was the captain of the Japanese tugboat. According to the Japanese maritime authorities, at the time of the incident, the cargo ship was departing from Kobe Port en route to Singapore.

Coincidentally, on November 17th of this year, a collision involving two vessels occurred in the waters near Kudamatsu, Yamaguchi Prefecture, Japan. A tugboat towing a barge collided with a yacht during navigation, causing the yacht to sink. According to the Tokuyama Maritime Security Department of Japan, there were four people on the yacht, with three confirmed dead and one slightly injured.

Key Points in Handling Ship Collision Accidents

After a ship collision, to mitigate losses and facilitate the subsequent investigation of causes and assignment of responsibilities, as well as to protect legal rights and interests, shipowners should typically carry out the following tasks:

1.Notification Obligation of Colliding Parties

After a ship collision, the captains of the colliding vessels should inform each other of their respective ship names, ports of registry, ports of departure and destination, and names of agents,?which is a legal obligation of the captain. If the other vessel flees, the captain should try to record the name, characteristics, and direction of escape of the vessel and notify nearby port agents to clarify the specific situation and movements of the offending ship.

2.Timely Emergency Response

In accordance with the crew duty rules and the relevant provisions of the ship's emergency response plan, organize emergency rescue operations to minimize the losses caused by the collision and prevent further expansion of the losses.

3.Obligation to Render Assistance

After a ship collision, if the other vessel and/or its crew are in danger, the captain of the involved ship must make every effort to assist the colliding vessel and/or crew, provided that it does not seriously endanger the safety of their own ship and crew. If the captain violates this legal obligation, the shipowner is not responsible for it. However, some countries' maritime laws stipulate that the captain who violates this obligation should bear criminal responsibility.

4.Timely Contact with the Shipping Company

After a collision occurs, the captain should promptly report the incident to the shipping company by telephone or other means, so that the company and the ship's insurance company or the shipowner's protection and indemnity club?can jointly understand and determine the best handling plan. If there are agents of the shipping company, insurance companies, or the shipowner's protection and indemnity club?near the site of the collision, the captain should contact them as soon as possible to obtain guidance and assistance.

5.Inspect the Collision and Make On-Site Records

In addition to inspecting the collision site on their own vessel, the angle of impact, and the damage to the ship and cargo, and making written records, under permissible conditions, the captains of both colliding parties should board each other's vessels to inspect the site, understand the collision situation of the other vessel, and the damage to the vessel, cargo, and personnel caused by the collision, including the charts, bell records, navigation logs, and radar used by the other vessel, make written records, and compile on-site records of the collision. The written on-site records of the collision situation of both vessels should strive to be signed and recognized by the other captain. In addition to written on-site records, try to photograph and video record the scene as much as possible.?These written on-site records and video materials can serve as evidence for subsequent case handling.

6.Issue a Notice of Collision

After a collision occurs, regardless of who is at fault, the captain should proactively and promptly submit a “Notice of Collision” to the other captain. The notice should briefly describe the collision situation of the two vessels, including the time and place of the collision, and the damage caused by the collision. At the same time, it should also declare that the other party is responsible for all consequences arising from the collision and strive for the other captain to sign and recognize the notice. For the “Notice of Collision” submitted by the other captain and requiring the captain of this vessel to sign and recognize, the captain of this vessel can sign and recognize the date and time of receipt on the notice and indicate the right to appeal, rather than hastily admitting the vessel's responsibility for the accident.

7.Agree on an Inspection Location with the Other Vessel?

If the ship collision occurs in the port or under permissible conditions, the captains of both vessels should agree to go to a repair port together, hire a ship surveyor to inspect the damage to both vessels, and request the surveyor to issue an inspection report as the main basis for ship repair and subsequent handling of ship collision damage compensation. If the inspection of the underwater parts such as the hull, vehicle, and rudder needs to be postponed until the next dock repair, it should be indicated in the inspection report. When inspecting the damage caused by the ship collision, representatives from all parties should be required to participate.

8.Submit a Marine Protest and Marine Report

Upon arrival at the first port of berth?after the collision, the captain should immediately submit a marine report to the local port authorities, obtain a visa, and then send a copy to the other party. If it is estimated that the cargo may be damaged after the ship collision, but the damage is not clear, the captain should also submit a marine protest to the port authorities at the same time, obtain a visa, and then send a copy to the cargo party and other relevant parties. When submitting the above documents, the captain can adopt the customary format of the local port, and pay attention to using rigorous and accurate language to narrate the facts in the content.?The marine report should seriously, completely, and fully record the time, place, collision process, and damage situation of the accident.

9.Provide the Appropriate Guarantee

If the vessel suffers losses in the collision accident, the other vessel should be required to provide a reliable guarantee to ensure that the losses of this vessel can be fully compensated. The form of guarantee can be a cash guarantee, a bank guarantee, an insurance company guarantee, or a protection and indemnity club?guarantee. If the other party refuses to provide a guarantee, consider whether to apply to the maritime authorities or the maritime court to detain the other party's vessel according to the situation. If the other party requires us to provide a guarantee, promptly consult the company, and the shipping company will be responsible for handling the necessary guarantee procedures.

10.Prepare the Materials to be Used in Accident Handling

After a ship collision accident, the captain and crew should immediately collect, record, and save information about the collision as much as possible in detail to prepare for the investigation and handling by the competent authorities. As direct witnesses at the scene of the accident, the evidence provided by the captain and crew plays a very important role in damage claims or defenses.?These materials usually include but are not limited to:

(1) Marine report;

(2) Abstracts of navigation logs, turbine?logs, and telegraph?record books;

(3) Original charts marked with the original route and ship position;

(4) Relative motion diagram of the vessel;

(5) Ship damage inspection report;

(6) Proof of ship damage;

(7) Reports of pilots and tugs;

(8) Written records and audio-visual materials of the scene inspection after the ship collision;

(9) Notice of ship collision;

(10) Other relevant materials.

Review of Collision Facts and Liability Determination

Typical Case:

On December 16, 2006, a Japanese-registered vessel collided with a vessel chartered by a Hong Kong shipping company in the waters of the Yangtze River estuary in Shanghai.

This case involves a dispute over liability for damages resulting from a collision between two bareboat chartered vessels in a specific water area. The plaintiff, as the bareboat charterer of the Japanese-registered vessel, had signed a bareboat charter contract with the owner of the vessel and operated the vessel in actuality. The defendant, on the other hand, is the owner and bareboat charterer of the vessel chartered by the Hong Kong shipping company. The plaintiff requested the court to order the defendant to compensate for the losses and interest caused by the collision at a responsibility ratio of 80%.?The defendant argued that the plaintiff failed to prove that its bareboat charter contract had been registered according to law, and therefore lacked the standing to sue.

After?trial，the court held that the plaintiff, as the bareboat charterer, had actual control and management of the vessel, and bore the losses generated by the vessel's collision, thus granting the plaintiff the standing to sue. In accordance with Article 6 of the Regulations of the People's Republic of China Governing the Registration of Ships,?the establishment, transfer, and perishment of the right to bareboat charter must be registered, and without registration, it cannot be asserted against third parties. However, in this case, the rights claimed by the third party must be related to the establishment, transfer, and perishment of the right to bareboat charter. Since the rights claimed by the defendant were unrelated to the transaction of the bareboat charter right, the registration status of the plaintiff's bareboat charter contract did not affect the realization of the defendant's rights. The court ultimately confirmed that the plaintiff had the right, as the bareboat charterer, to claim compensation for the losses resulting from the collision accident.

I. Review of Collision Facts

1.Time, place, and pattern of ship collision

The time, place, and pattern of the ship collision should be determined by comprehensively analyzing the ship's VDR data, AIS data records, maritime accident investigation forms, maritime reports, navigation logs, charts, voyage ship positions, and statements of the captain, crew, and other informed personnel involved in the incident.

2.Whether there is fault in ship collisions.

Whether there is actual fault, such as excessive speed, violation of collision avoidance rules during encounters, improper anchorage position, incorrect display of lights and shapes, and violation of fog navigation rules; whether there is legal presumed fault, such as one party has proven that the other party has violated navigation rules, including international or local navigation rules, then the party that violates the navigation rules is presumed to have fault.

II. Determination of Collision Liability

(I) General Determination of Collision Liability

1.Subject of Collision Liability

(1) In principle, the owner of the vessel is considered the subject of collision liability;

(2) If the colliding vessel is under bareboat charter and registered in accordance with the law, the bareboat charterer is considered the subject of collision liability;

(3) If the operator or manager of the vessel is at fault for the collision, they shall bear joint liability with the owner or bareboat charterer.

2.Determination of No-Fault Collision Liability

Situations where parties involved in the collision are not liable for compensation:

(1) Collision caused by force majeure;

(2) Collision caused by reasons not attributable to any party;

(3) Collision caused by reasons that cannot be determined.

3.Determination of Fault Collision Liability

(1)?If the fault of one vessel causes the collision, that vessel shall bear the compensation liability;

(2)?If both vessels are at fault, each shall bear compensation liability according to the proportion of their fault;

(3)?If the degree of fault is equal or indeterminate, they shall bear compensation liability on an average basis.

4.Proportion of Fault

In collisions where both parties are at fault, the proportion of fault for each vessel should be determined in accordance with the 1972 Convention on the International Regulations for Preventing Collisions at Sea?and relevant Chinese?laws, regulations, and navigation rules.

It is noteworthy that the 1972 Convention on the International Regulations for Preventing Collisions at Sea?do not exempt any vessel or its owner, master, or crew from liability for any consequences resulting from negligence in complying with the rules, or from any negligence in the usual practices of seamen or any additional precautions required by special circumstances at the time.

(II) Special Determination of Collision Liability

1.Collision Liability in Towing Operations

The collision liability in towing operations should be determined in conjunction with the obligations of the towing vessel and the towed vessel.

Obligations of the Towing Vessel:

(1) The towing vessel should be seaworthy and suitable for towing;

(2) The master of the towing vessel should exercise reasonable caution and good seamanship in towing;

(3)?When towing under the direction of the towed vessel, comply with its instructions and warn against obviously unsafe orders;

(4)?Comply with the collision avoidance rules and correctly display navigation lights and shapes;

(5)?Complete the towing work within a reasonable time if no agreement is made.

Obligations of the Towed Vessel:

(1) Issue reasonable and safe instructions to the towing vessel during towing;

(2) Ensure its own stability and safety;

(3) Comply with the collision avoidance rules and correctly display navigation lights and shapes;

(4) The towed vessel should be in a towable condition and accurately inform the towing vessel of its condition, providing relevant certificates and documents.

2.Collision Liability in Pilotage Operations

The master's responsibility for managing and navigating the vessel is not relieved by the presence of a pilot.

3.Collision Liability of the Owner of a Sunken Vessel

After a vessel sinks, the owner of the sunken vessel should properly handle the sunken vessel within a reasonable time?and establish clear and conspicuous warning signs. Otherwise, if another vessel collides with the sunken vessel, the owner of the sunken vessel shall bear the collision liability.

In the handling of ship collision accidents, following the above points is crucial. These steps not only help to protect the safety of crew members and vessels but also ensure that liability for the accident is reasonably apportioned and provide a solid foundation for subsequent legal proceedings and compensation matters.

?With the integration of the global economy and the booming shipping industry, maritime transportation is becoming increasingly busy, with a continuous increase in the number of vessels and a corresponding significant growth in the number of crew members. In the event of a ship collision at sea that involves the rescue of crew members, a professional rescue platform is required. E-PORTS has extensive experience in crew rescue and has successfully handled many emergency rescue cases. If needed, inquiries can be made by calling 400-9208810.