A maritime accident is defined as an unexpected event related to a ship, resulting in injuries, loss of life, significant damage, or environmental harm.
Maritime accidents are defined as events resulting from incidents on board a ship and/or associated with a ship, leading to unexpected and involuntary outcomes such as death or total/partial loss of limbs, injuries, loss of life, sinking or being considered lost, significant material damage to the ship, collisions, grounding, or environmental damage caused by the ship or ships.
Grounding, collision, fire, explosion, sinking, or malfunctioning of ships (especially tanker accidents) can lead to marine pollution, with oil pollution posing risks to human health and marine life, and causing damage to coastlines if the accident occurs near shore.
In recent years, in parallel with technological advancements and the growing volume of trade, the sizes and tonnages of ships have been increasing, particularly with a rise in the number of ships carrying dangerous cargo, including oil, and the amount of dangerous cargo transported, posing a serious threat to navigation, life, and environmental safety. Oil products spilled into the sea as a result of tanker accidents have led to environmental pollution.
To take necessary precautions to protect life, property, and the marine environment, maritime accidents are studied to identify and define the factors causing them, to take necessary measures to prevent potential accidents, and to make necessary regulations. The examination, reporting, and the obligation of each Flag State to investigate maritime accidents are determined by International Laws and Conventions. Furthermore, countries involved in maritime accidents investigate these incidents in accordance with the fundamental principles established by the rules set by the International Maritime Organization (IMO) to determine the conditions and causes of maritime accidents occurring at sea.
2. HISTORICAL MARITIME ACCIDENTS
In response to major maritime accidents around the world, the scope of studies in the fields of maritime and shipbuilding has been expanded to enhance safety at sea. Significant maritime accidents that have resulted in loss of life, property, and environmental pollution, along with the investigations and measures taken as a result, are outlined below:
HMS CAPTAIN (1870): The HMS Captain research vessel capsized and sank in the Bay of Biscay near France and Spain on September 17, 1870. Out of a crew of 500, only 18 survived. The accident highlighted the importance of stability and freeboard in maritime safety.
TITANIC (1912): Named after one of the most famous gods in Greek mythology, the Titanic set sail from Southampton, England, and sank after hitting an iceberg off the coast of Newfoundland on April 15, 1912. The Titanic broke apart at the moment of sinking. The bow section could not withstand the pressure of the water and broke apart, while the stern section sank into the mud at a depth of 50 feet, traveling at a speed of 30 miles per hour. Of the 2,223 passengers and crew on board, 1,513 lost their lives. The total number of missing persons was 1,572. The lifeboats on the ship had a capacity for only 1,178 people, leading to a high number of casualties. It is believed that the use of high-quality steel, which was very hard and thus had little flexibility, contributed to the ship's sinking. The ship sank in the icy waters of the North Atlantic in a short period of three hours.
A secret report revealed by the National Enquirer in the United States and submitted to the American Senate on April 19, 1912, stated that the ship's lookouts were not provided with binoculars, which meant they had no opportunity to detect the iceberg in time and change course, and that there were not enough lifeboats on board to save even half of the passengers.
Following the Titanic disaster, maritime nations convened in London and, taking lessons from this tragedy into account, the International Convention for the Safety of Life at Sea (SOLAS) was introduced in 1914. The fifth version of SOLAS was adopted in 1974 and is still in effect.
Issues such as the number of lifeboats, danger alarms, ice patrols, navigation speed in icy areas, Emergency Position Indicating Radio Beacons (EPIRB), evacuation slides, immersion suits, and the design of lifeboats were brought to the forefront in SOLAS as a result of this accident.
SS MORRO CASTLE (1934): A luxury passenger ship sailing between New York City and Havana, the Morro Castle caught fire, resulting in the deaths of 137 passengers and crew. Following this incident, fire safety regulations were developed. Today, the use of fire extinguishing materials, automatic fire doors, fire alarms, and fire instructions are measures taken as a result of the Morro Castle disaster.
DUMLUPINAR (1953): On the night of April 3, 1953, the submarine Dumlupınar sank after colliding with the Swedish freighter Naboland while returning from a NATO exercise in the Aegean Sea, as it rounded Nara Point in the Dardanelles Strait. Dumlupınar is the most tragic accident in Turkish submarine history, resulting in the loss of 81 sailors. The crew of Dumlupınar displayed exceptional skill, remaining underwater for two days during maneuvers. The waves attacking the submarine through its broken bow quickly engulfed the large submarine along with its 81 sailors.
After sustaining damage and experiencing a fire in the maneuvering room, 22 sailors in the aft torpedo compartment of Dumlupınar managed to survive and awaited rescue. The submarine's buoy, which was released to indicate its location and establish telephone contact with the survivors, was found by fishermen. Approximately ten hours after the accident, the rescue ship's crew made great efforts to save their comrades below. However, during the initial steps of the operation, the submarine's buoy was severed, cutting off communication with Dumlupınar. Reaching the submarine without a guiding line became increasingly impossible.
After the accident, the Dumlupınar submarine settled on the seabed at a depth of 84 meters in the strait, at a 15-degree angle to the right. The 22 sailors trapped in the aft torpedo compartment launched the emergency telephone buoy to the surface. This buoy allowed for a telephone connection between the sunken submarine and the surface via a cable. After the rescue efforts became impossible, communication was made one last time just before the telephone cable was severed due to the strong current in the strait. The last words of the highest-ranking sailor speaking on behalf of the submarine, Petty Officer Selami ÖZBEN, were "May the homeland be safe." If the Dumlupınar's buoy had not been severed, divers could have descended holding onto the telephone cable and attached the bell wire from the rescue ship to the submarine's rescue hatch.
SS ANDREA DORIA (1956): The largest and fastest Italian ship of its time, the Andrea Doria, with a capacity of 1,200 passengers and 500 crew, sank due to a radar usage error, resulting in water ingress and the unavailability of the starboard lifeboat and insufficient lifeboats. On the evening of July 25, 1956, while sailing to New York with 1,134 passengers and 572 crew under limited visibility conditions, the Andrea Doria collided with the Stockholm ferry in the Atlantic Ocean due to a failure to reach an agreement between the two vessels. As a result of the accident, the Andrea Doria listed to starboard, began taking on water, and sank. The insufficient number of lifeboats increased the death toll. However, due to advancements in communication and assistance from other vessels, despite 46 passengers dying as a result of the collision, 1,660 passengers and crew were rescued.
Following the investigation and research conducted after the accident, new rules were established regarding radar training and navigation under limited visibility conditions. Amendments to SOLAS were proposed.
LAKONIA (1963): The Lakonia, sailing from Southampton to the Canary Islands, suffered a fire in the hair salon on December 22, 1963, resulting in the deaths of 95 passengers and 33 crew, totaling 128 people. Only 53 of the deceased died from the fire, while the others lost their lives due to falls and injuries caused by panic and drowning. The death toll increased because some passengers either did not hear the fire alarm or heard it very faintly, and panic ensued during the evacuation. Fire safety regulations were developed as a result of this accident.
TORREY CANYON (1967): On March 18, 1967, the Torrey Canyon, one of the largest supertankers of its time with a capacity of 120,000 tons of crude oil, ran aground due to a navigation rule error off the coast of the Sicily Islands and Land's End in England, causing a massive marine pollution incident. A total of 31 million gallons (120,000 tons) of oil spilled into the sea, spreading between England and France, resulting in the loss of 15,000 seabirds, and the effects of the pollution lasted for years. The International Convention for the Prevention of Pollution from Ships (MARPOL) was introduced in 1973, along with new rules such as the CLC 1969 International Convention on Civil Liability for Oil Pollution Damage.
INDEPENDENTA (1979): One of the largest accidents in the Istanbul Strait occurred on November 15, 1979, when the Romanian-flagged tanker Independenta, with a gross tonnage of 88,285, collided with a Greek tanker named Evriali, weighing 5,298 GRT, resulting in the spillage of 95,000 tons of oil into the sea, causing marine and environmental pollution, and the loss of 43 sailors.
HERALD OF FREE ENTERPRISE (1987): The M/S Herald of Free Enterprise Ro-Ro ferry, operating between Dover and Calais and between Dover and Zeebrugge, sank early in the morning of March 6, 1987, after leaving Zeebrugge due to the bow visor not being closed before departure, allowing water to enter the vessel. In the accident, 193 passengers lost their lives. The sea water temperature of 3 °C contributed to a higher number of fatalities. The accident was caused by the negligence and sleepiness of the person responsible for closing the visor. Following the accident, SOLAS inspections accelerated, and the implementation of the International Safety Management (ISM) Code for the safe operation of ships both at sea and on land began.
EXXON VALDEZ (1989): The Exxon Valdez tanker departed from the Valdez oil terminal in Alaska on March 23, 1989, carrying 53 million U.S. gallons of crude oil. Following the accident, 10.8 million U.S. gallons (40.9 million liters) of crude oil spilled into the sea, covering an area of 28,000 km².
After the "Exxon Valdez" accident on March 24, 1989, amendments accepted by the IMO in 1992 mandated that new tankers built on or after July 6, 1996, must be double-hulled, and existing tankers must be decommissioned no later than 30 years after their delivery date.
Following the Erika disaster in 1999 and the Prestige disaster in 2002, decisions were made to extend the deadline for the decommissioning of existing single-hulled tankers to 2015 under the 2001 amendments, and then to 2010 under the 2003 amendments.
ESTONIA (1994): The Estonia sank in the Baltic Sea on September 28, 1994. This accident resulted in the largest loss of life in a maritime accident in the late 20th century, with 852 missing persons. The cause of the accident was reported to be a malfunction of the locks on the bow visors. Following the accident, issues regarding the stability conditions of Ro-Ro passenger ferries, the requirements for fast rescue boats, and man overboard boats were raised.
In 1999, issues such as watch standards, special training requirements, crew training in human behavior on all passenger ships, and crisis management were addressed.
NASSIA (1994): On March 13, 1994, a major fire broke out following a collision between the 100,000-ton oil tanker Nassia, flagged from the Republic of Cyprus, and a bulk carrier in the Istanbul Strait, resulting in the deaths of 30 people. A total of 20,000 tons of oil spilled into the sea, and the Nassia exploded after sustaining damage. The tanker burned for days, threatening Istanbul, and the resulting environmental pollution could not be contained.
MV ERIKA (1999): The Erika tanker, with a capacity of 37,000 DWT, requested refuge from French authorities on December 12, 1999, while sailing towards Italy due to significant cracks in the hull. The French authorities denied the request for refuge, and the ship sank with a cargo of 31,000 MT of fuel oil, leading to one of the most significant pollution incidents faced by France. A total of 6,872 lawsuits were filed due to the pollution caused by the ship, amounting to 206 million Euros. Following the Erika accident in 1999, the IMO brought the issue of refuge areas to the MSC agenda.
PRESTIGE (2002): On November 13, 2002, around 14:15, the 26-year-old Prestige tanker, carrying 77,127 tons of crude oil, began leaking fuel due to a hull breach 27 miles off the coast of Cape Finisterre, Spain, caused by severe weather conditions. The Spanish authorities, who did not accept that the only solution for the partially leaking ship was to seek refuge, prohibited the ship from entering their economic zone. The tanker, which waited in the Atlantic for six days under severe weather conditions, broke in half on November 19, 2002, 133 miles off the Spanish coast. The crew was evacuated. 77,000 tons of fuel oil spilled into the sea, continuing to pollute the coasts of Spain and France for years. The primary cause of the accident, aside from the ship's age, was the bad weather conditions. As a result of this accident, the implementation of double hulls in tankers was initiated.
Following the sinking of the PRESTIGE, the IMO adopted two resolutions regarding refuge areas in its 23rd Assembly decision (November/December 2003): A.949(23) Guidelines on Refuge Areas for Ships in Distress and A.950(23) Maritime Assistance Services (MAS). The IMO resolution A.949 on refuge areas applies to ships in distress where personnel safety is not at risk. When human life is in danger (such as in the case of a ship sinking), the SAR convention will be applied.
3. INVESTIGATION OF MARITIME ACCIDENTS
The necessity of investigating maritime accidents, as outlined in International Laws and Conventions, and the provisions that require reporting and obligate each Flag State to conduct investigations are as follows:
United Nations Convention on the Law of the Sea, 1982 (UNCLOS): Article 94
International Convention for the Safety of Life at Sea, 1974 (SOLAS): Chapter I Rule 21
International Convention for the Prevention of Pollution from Ships, 1983 (MARPOL): Articles 4, 6, 8, and 12, Annex I Rule 9(3) and 10(6), Annex II Rule 10(3)
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW): Reg. 1/4
International Convention on Load Lines, 1966 (LL): Article 23
Torremolinos International Convention for the Safety of Fishing Vessels (SFV) Protocol, 1977: Article 7
International Labour Organisation (ILO): ILO No: 134 (Articles 2-3) and 152 (Articles 36 and 39)
IMO Code for the Investigation of Marine Casualties and Incidents, IMO Res. 849 (20): The International Maritime Organization's Accident Investigation Code is only advisory and has been applied to all accident investigations since 1997.
To enhance navigation, life, and property safety at sea and to prevent similar maritime accidents, the "Marine Accident Investigation Commission" (DEKİK) was established within the Ministry of Maritime Affairs on June 18, 2003. DEKİK investigates maritime accidents that occur in our seas or involve ships flying our flag, according to the fundamental principles aimed at determining the conditions and causes of maritime accidents, and continues its work successfully.
4. CONCLUSION AND EVALUATION
As a result of significant maritime accidents that have caused loss of life, property, and environmental pollution worldwide, the International Convention for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC 1969), the International Safety Management (ISM) Code, and others have been brought to the forefront.
As a result of these accidents, issues such as the number of lifeboats, danger alarms, ice patrols, navigation speed in icy areas, Emergency Position Indicating Radio Beacons (EPIRB), evacuation slides, immersion suits, and the design of lifeboats have been addressed in SOLAS, fire safety regulations have been improved, automatic fire doors, fire alarms, and fire instructions have been developed, radar training has been enhanced, new rules regarding navigation under limited visibility conditions have been established, the stability conditions of Ro-Ro passenger ferries, the requirements for fast rescue boats, and man overboard boats have been raised, crisis management has been discussed, and the implementation of double hulls in tankers has been initiated.
Statistical analyses related to maritime accidents indicate that, parallel to the increased use of modern technology in maritime traffic, accidents have decreased, but the percentage of "human error" among the causes of accidents has increased. The UK Marine Accident Investigation Branch (MAIB) noted in its annual report for August 1999 that many accidents occurred due to the use of unqualified personnel chosen for being cheaper due to commercial pressures and cost-saving measures. The IMO's statistics on maritime accidents worldwide indicate that the share of human error is between 80-85%.
It is well known that ensuring safety and security in seas, ports, and shipyards, and protecting human life should be the top priority. The effective operation of global maritime trade, ports, and shipyards is only possible with the assurance of safety and security. Although research results show that human error has a high share in accidents, the lack of qualified personnel in ship, port, and shipyard operations, the failure to provide necessary training to personnel, and the non-use of modern technology and necessary equipment lead to accidents and are considered human errors. How valid is it to evaluate these incidents solely as human error without taking sufficient precautions?
If we consider safety as a system, the sea, natural conditions, ships, ports, shipyards, human resources, technology, equipment, legal regulations, and financial resources are all elements of the system. There is a relationship between all elements that make up the system. The ineffective operation of any one of the system's elements can lead to accidents. Perhaps if the lookouts on the Titanic had been provided with binoculars, they would have detected
Source: SeaNews Türkiye
