In the application of the provisions of this Regulation, the following terms shall have the meanings indicated next to each of them unless the context of the text clearly indicates otherwise.
The Kingdom: The Kingdom of Saudi Arabia.
The Maritime Authority: The Transport General Authority represented in the maritime transport sector or one of its branches or its representatives or those it authorizes to act on its behalf.
The Authority: The Transport General Authority.
The President: The President of the Transport General Authority.
The Investigation Team: The team formed to investigate maritime accidents and incidents.
The Organization: The International Maritime Organization (IMO).
The Supporting Technical Committee: A committee composed of a group of specialized experts to assist the investigation team and support investigators in the investigation procedures of maritime accidents and incidents and to draft related reports.
The Marine Accident Investigation Office: The office responsible for monitoring, organizing, and coordinating the work of investigation teams in maritime accidents and incidents and the supporting technical committees.
The Passenger: Any person on board the ship other than:
- The captain and crew members or other persons working or employed in any capacity to perform work on board a ship.
- Children under the age of one year.
The Ship: Any floating facility prepared for operation in maritime navigation on a regular basis, even if not intended for profit, and the necessary attachments of the ship for its exploitation are considered part of it.
The Nautical Mile: A unit of length measurement equal to 1852 meters.
The Accredited Authorities: Classification authorities accredited in the Kingdom to inspect ships flying the Saudi flag and classify them according to their types and purposes on behalf of the Government of the Kingdom and authorized by the Maritime Authority under a delegation agreement.
The Territorial Sea: The territorial sea of the Kingdom in accordance with the United Nations Convention on the Law of the Sea of 1982 and the Marine Areas System issued by Royal Decree No. M/6 dated 18/1/1433 AH.
The Code: The Code for the Investigation of Maritime Accidents and Incidents No. (MSC.255 (84)) and its amendments issued by the Maritime Safety Committee of the Organization.
The Investigation Guidelines: The rules stipulated in Resolution No. (A.1075 (28) concerning the guidelines to assist investigators in conducting investigations into maritime accidents and incidents.
The Maritime Accident: An event or sequence of events related to the operation of a ship resulting in any of the following:
1. Death or serious injury to a person or loss of a person from the ship.
2. Endangering the ship or persons associated with its operation or others and injuries to lives or
3. Material damage to the body of the ship or its equipment.
4. Grounding or stranding of the ship that led to its inability to move or evacuate or the ship's involvement in a collision incident.
5. Material damage to marine infrastructure or any other facility that may endanger the ship or any other ship or any person.
6. Significant damage to the marine environment or the potential for serious damage to the environment.
The maritime accident does not include acts or deliberate negligence intended to harm the safety of the environment, ships, or persons.
The Maritime Event: An event or sequence of events - other than a maritime accident - related to the operation of a ship resulting in a situation that may endanger the safety of the ship or the persons on it or any other person or the marine environment, and does not include acts or deliberate negligence intended to harm the safety of the environment, ships, or persons.
The Maritime Accident Investigator: The person authorized to investigate the maritime accident under the provisions of this Regulation.
The High-Risk Maritime Accident: The maritime accident that results in the total loss of the ship or loss of lives or environmental damage.
The Causes of the Maritime Accident: Any act, negligence, event, or circumstance existing or previously existing, or weather or natural factors, or a combination of these factors that lead to the occurrence of the accident or caused it, without which this accident would not have occurred or the results thereof would not have been realized.
The Maritime Investigation: The process of searching and investigating (publicly or secretly) maritime accidents and incidents for the purpose of collecting and analyzing information and drawing conclusions, including determining the circumstances and identifying the causes and contributing factors, and making safety recommendations as necessary in accordance with safety requirements and marine environmental protection to avoid similar maritime accidents and incidents in the future.
The Relevant State: The state with an interest in conducting the investigation, whether it is the flag state, the coastal state, the port state, or the state that has suffered damage or to its citizens.
Without prejudice to the investigations and procedures applied by the relevant authorities in accordance with the laws in force in the Kingdom, this regulation applies to all ships flying the Saudi flag wherever they are found, to foreign ships operating in the Kingdom's ports and regional seas, and to foreign ships located within the Kingdom's maritime zones or upon a written request from the relevant country, with the exception of war ships.
This regulation aims to develop the necessary frameworks for the investigation of marine accidents and events in accordance with the requirements of safety and protection of the marine environment and the reasons for their occurrence and the circumstances surrounding the accident and the incidents and the factors contributing to them with the objective of preventing marine casualties and marine incidents in the future
The purpose of the investigation is to collect information and evidence, analyze it and draw conclusions to clarify the causes and factors contributing to the occurrence of accidents and marine incidents and to make recommendations and take the necessary measures with the aim of avoiding the occurrence of similar accidents and events in the future, without the purpose of the investigation being to determine responsibility
1. The investigation of marine accidents and events shall be undertaken by a specialized office that enjoys independence and impartiality from the relevant authorities in the maritime accident, it works under the supervision of the President
2. Subject to the provisions of Article Two (2), the office shall coordinate with the competent authorities in other countries to investigate the accident or maritime incident if
a) the marine casualty or marine incident occurred in the territory of any of these countries and a ship flying the Saudi flag involved in it and / or
b) the ship or ships involved in a marine casualty or marine incident occurring on the high seas, one of the ships is flying the Saudi flag and the other is flying the flag of this country/ or
c) This country sustained damage in which a Saudi flag ship involved in the occurrence of the damage and / or
d) It resulted in death or damage for Saudis, in which a ship flying the flag of this country or in its territorial sea involved in it.
1. If the casualty or incident involves substantial interests of more than one State, the authority may invite the concerned authorities in other relevant countries to participate in the investigation of marine accidents and incidents that occur in the Saudi regional sea or fall on Saudi ships wherever found in accordance with Chapter Seven (7) of the Code and its amendments.
2. The authority provides all possible facilities and cooperates with representatives of maritime administrations in the relevant countries to participate in the investigation of marine accidents and incidents that occur in the regional sea of the Kingdom, in accordance with the provisions of Chapter Ten (10) of the Code and its amendments.
3. Subject to the provisions of paragraphs (1) and (2) of this article, representatives of the concerned authorities participating in the investigation are permitted to do the following:
a) Interview witnesses , writing down their statements
b) Viewing and examining evidence and obtaining copies of documents
c) Providing witnesses or other evidence
d) make submissions in respect of the evidence, comment on and have their views properly reflected in the final report; and
e) Providing plans and data related to the investigation and the final report
f) Taking the necessary measures to maintain the integrity of the witnesses
A marine safety investigation shall be conducted into every very serious marine casualty according to the provisions of Chapter (6) of this Code
The President shall form the investigation team and the technical assistant committee - as requiredto conduct the investigation of marine accidents and incidents. The President may seek the necessary expertise as required by the nature of the accident or maritime incident.