What are the main rules to follow in the event of accidents at sea? Here are some practical suggestions
by Federico Santini*
ALTHOUGH THIS SUMMER SEASON IS COMING TO AN END THE NUMBER OF YACHTS ENJOYING OUR SEAS IS STILL HIGH. Owners are or should be aware that accidents at sea may occur and that the consequences of such accidents can be very serious, affecting either the personal safety of those on board and/or the yacht itself.
Prudence is therefore necessary at any time: the sea is a friend but danger is always lurking. That is why there are rules concerning safety at sea set out by the Code of Yachting but also practical suggestions to follow should an accident at sea occur.
In brief safety at sea means: 1) taking the utmost care for the safety of people on board; 2) knowing one’s yacht and its limits; 3) always having safety and rescue equipment on board; 4) constantly checking the weather forecast atsea; 5) vigilance, checks, attention, prevention and responsibility prior to departure and during navigation.
In the case of an accident at sea it is the captain’s duty to provide assistance to any injured people, both those who are on board their own vessel and those who are in the sea or on board other vessels in difficulty. If this is not possible, the captain must immediately request assistance from the maritime authority by radio (using channel 16 or calling the blue number 1530, available 24h/day) orusing rockets or other means to signal a request for assistance.
The current Italian yachting law provides that in the case of accidents at sea that only involve pleasure yachts (yachts that are not engaged in any form of trade, charter, teaching or sporting activity) and which do not lead to criminal proceedings (following serious accidents such as shipwreck, loss of human life or significant personal injuries), a formal investigation of the maritime authority to assess the causes, circumstances and responsibilities of the casualty is not automatic but only takes place upon request of the interested party.
The local maritime authority, where requested, will collect all information relating to the casualty and witnesses declarations (summary investigation), however if there is no specific request from the parties involved, the maritime authority’s investigation will not be continued further.
Article 60 of the Italian Yachting Code (Codice della Nautica da Diporto) (D.Lgs 18 July 2005, no. 171) provides that should an “extraordinary event” concerning the vessel (collision, salvage, etc.) or causing injury to any person on board occur during navigation or while moored at port, the captain has the duty to file a report with the maritime authority or consulate
(if the vessel is abroad) within 3 days from the arrival at port or within 24 hours from arrival at port in case an accident involving the physical safety of people, following the modalities set forth in art. 38 of DPR no. 445/2000 (i.e. the complaint can also be filed by fax or using telematic instruments).
For any accident causing damage to persons or to the vessel, regardless of the degree of damage, the owner must promptly notify their insurers in order to request payment of compensation according to theterms of the insurance policy. Where the casualty involves other vessels, such as in the case of a collision, the owner shall request all information regarding the other vessel involved (name and flag registration details, information regarding the owner and details of property and third party liability insurance policies) and shall himself provide that information to the owner of the other vessel; the owner must also promptly notify their property and third party liability insurers of the accident.
Afteran accident, once the vessel is secured, it is important to immediately check for any damage and record it, documenting it with photographs, as well as preparing a detailed captain’s report describing the circumstances, events and causes of the damage to be provided to the insurers. It is also advisable to immediately make the vessel available to the insurers, requesting a timely visit from the insurers’ surveyor to verify and assess any damage. Also, a quote should be requested from suppliers for any necessary repair work, including an itemised description of the cost of materials and labour, to be provided to the insurers for the payment of compensation.
* Federico Santini: he is managing partner of the Santini & Partners Law Office in Rome. He is specialized in international law and maritime law, has consolidated experience in the yachting field especially in terms of super yachts transactions, the registration of yachts, international arbitration, insurance issues and tax related . He is a member of the Italian Association of Maritime Law and advisor for the most important law offices and of the international associations. For information or clarifications: [email protected]t
(Settembre 2019)
