US Coast Guard can jail seafarers 6 years for not reporting hazards: ISS INCHCAPE Shipping Services (ISS) is warning of big fines and jail terms for not reporting marine casualties and hazards to the US Coast Guard following a US$75,000 fine levied against a cargo vessel for failure to immediately an engine breakdown.
"K" Line's 4,400-TEU Panamanian-flagged Bangkok Bridge did not report an engine breakdown off Alaska's Aleutian islands for 10 hours to the US Coast Guard and was fined $75,000 for failure to report a "hazardous condition".
Failure to report a "hazardous condition", which can include illness on board or a manning shortage, can result in a fine of up to $250,000 and/or six years imprisonment, said the ISS advisory.
"It is deemed that a negligent failure to report a hazardous condition immediately may result in civil penalties being imposed, while a willful or knowing failure to make such a report may result in criminal charges against the master and the company," said the advisory.
The regulations require immediate notification of reportable casualties to the US Coast Guard (USCG), with a subsequent written notification on 'Report of Marine Accident, Injury or Death' form CG-2692 within five days.
The USCG penalised vessel had experienced a failure of its main engine and had not reported the casualty for more than 10 hours.
Non-American ships must report casualties that occur in the navigable waters of the US (12 nautical miles from baseline), its territories or possessions, or whenever an accident involves an American vessel, said the ISS advisory.Further regulations also advise that foreign vessels carrying oil in bulk as cargo, or as cargo residue may have to report certain casualties that occur in waters subject to US jurisdiction, including its Exclusive Economic Zone.
"Failure to report a bona fide casualty may result in a civil penalty ($25,000) against the vessel owner, operator, master or person in charge of the vessel and/or action of misconduct against a US issued licence or document for violation of a regulation," said the advisory.
ISS warned of requirements of notification to the USCG of hazardous conditions following the USCG citing a decision by the US Court of Appeals that reinstated a jury verdict that found that a crew's failure to immediately report a hazardous condition to the USCG amounted to a criminal offence of the US Ports and Waterways Safety Act.
A "hazardous condition" is defined as "any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbour, or navigable waterway of the United States. It may, but need not, involve collision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or a manning shortage."
"Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office," says Regulation 33 CFR 160.215. The initial report should be made either by VHF radio or by telephone.
If the hazardous condition is also a reportable "marine casualty", the initial report has to be followed up with a written report within five days.
"K" Line's 4,400-TEU Panamanian-flagged Bangkok Bridge did not report an engine breakdown off Alaska's Aleutian islands for 10 hours to the US Coast Guard and was fined $75,000 for failure to report a "hazardous condition".
Failure to report a "hazardous condition", which can include illness on board or a manning shortage, can result in a fine of up to $250,000 and/or six years imprisonment, said the ISS advisory.
"It is deemed that a negligent failure to report a hazardous condition immediately may result in civil penalties being imposed, while a willful or knowing failure to make such a report may result in criminal charges against the master and the company," said the advisory.
The regulations require immediate notification of reportable casualties to the US Coast Guard (USCG), with a subsequent written notification on 'Report of Marine Accident, Injury or Death' form CG-2692 within five days.
The USCG penalised vessel had experienced a failure of its main engine and had not reported the casualty for more than 10 hours.
Non-American ships must report casualties that occur in the navigable waters of the US (12 nautical miles from baseline), its territories or possessions, or whenever an accident involves an American vessel, said the ISS advisory.Further regulations also advise that foreign vessels carrying oil in bulk as cargo, or as cargo residue may have to report certain casualties that occur in waters subject to US jurisdiction, including its Exclusive Economic Zone.
"Failure to report a bona fide casualty may result in a civil penalty ($25,000) against the vessel owner, operator, master or person in charge of the vessel and/or action of misconduct against a US issued licence or document for violation of a regulation," said the advisory.
ISS warned of requirements of notification to the USCG of hazardous conditions following the USCG citing a decision by the US Court of Appeals that reinstated a jury verdict that found that a crew's failure to immediately report a hazardous condition to the USCG amounted to a criminal offence of the US Ports and Waterways Safety Act.
A "hazardous condition" is defined as "any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbour, or navigable waterway of the United States. It may, but need not, involve collision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or a manning shortage."
"Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office," says Regulation 33 CFR 160.215. The initial report should be made either by VHF radio or by telephone.
If the hazardous condition is also a reportable "marine casualty", the initial report has to be followed up with a written report within five days.