Article 1. These Regulations are formulated according to the relevant
provisions of the Maritime Traffic Safety Law of the People's Republic of China
in order to strengthen the control of maritime traffic safety and promptly
investigate and handle maritime traffic accidents.
Article 2. The harbour superintendency establishments of the People's Republic
of China shall be responsible for implementing these Regulations.
Article 3. These Regulations shall apply to the maritime traffic accidents
happening to the vessels and installations in the coastal waters of the People's
Republic of China.
If there exist special provisions in state laws and administrative regulations
for the investigation and handling of the maritime traffic accidents happening
in the fishing port waters or of the maritime traffic accidents happening
between fishing vessels or between military vessels in the coastal waters, these
special provisions shall prevail.
Article 4. The maritime traffic accidents referred to in these Regulations
mean the following accidents happening to vessels and installations:
(1) Collision, strike or damage by waves;
(2) Hitting hidden rocks or running aground;
(3) Fire or explosion;
(5) Damage or loss of machinery parts or important tools during a voyage which
affects the vessel's seaworthiness;
(6) Other maritime traffic accidents which cause losses in property and human
Article 5. The persons in charge of the vessels and installations which are
involved in maritime traffic accidents must report immediately to the harbour
superintendency administration at the nearest harbour by a high-frequency
telephone, radiotelegram or other effective means.
The content of the reports shall include: name of the vessel or installation,
call sign, nationality, port of departure and port of arrival, owners or
managers of the vessel or installation,when and where the accident happened and
the attending circumstances on the sea, the extent of damage of the vessel or
installation, request for salvage, etc.
Article 6. The persons in charge of the vessels and installations which are
involved in maritime traffic accidents must, in addition to making brief reports
immediately in accordance with the provisions in Article 5, submit the Report
Concerning Maritime Traffic Accidents and other necessary documents and material
according to the following stipulations to the harbour superintendency
(1) If maritime traffic accidents happen to vessels or installations within
the waters of the harbour areas, it is necessary to submit a report and other
material to the local harbour superintendency administration within 24 hours
after the accidents.
(2) If maritime traffic accidents happen to vessels or installations in the
coastal waters beyond the waters of harbour areas, it is necessary to submit a
report and other material within 48 hours after the vessels arrive at the first
harbour in the People's Republic of China of the harbour superintendency
administration; in the cases of installations, it is necessary to report by
telegram, the content of which shall cover all the items required in the Report
Concerning Maritime Traffic Accidents to the harbour superintendent at the
nearest harbour within 48 hours after the accidents.
(3) If a maritime traffic accident happens in the course of pilotage, the
pilot shall submit the Report Concerning Maritime Traffic Accidents to the local
harbour superintendency administration within 24 hours after his return to the
If, because of special circumstances, the Report Concerning Maritime Traffic
Accidents cannot be submitted within the time limit set in paragraphs (1) and
(2) of this Article, the time limit may be appropriately extended after
permission is obtained from the harbour superintendency administration.
Article 7. The following information shall be truthfully provided in the
Report Concerning Maritime Traffic Accidents:
(1) Basic conditions of the vessel or installation and the data concerning its
(2) Name and address of the owner or manager of the vessel or installation;
(3) When and where the accident happened;
(4) The climatic conditions and the conditions on the sea when the accident
(5) A detailed description of the course of the accident (for a collision, a
sketch map illustration the face-to-face movements shall be attached);
(6) Degree of the damage (A sketch showing the damaged parts of the vessel or
installation shall be attached. If it is difficult to make a thorough
investigation within the set time limit, a report shall be submitted at a later
date after the examination.)
(7) Estimated location of sinking in case where the vessel or installation
(8) Other information related to the accident.
Article 8. A report concerning maritime traffic accidents must be truthful and
there must not be any concealment or falcification.
Article 9. If a vessel or an installation is damaged due to a maritime traffic
accident, the captain in of the vessel or the person in charge of the
installation shall apply to China's local inspection department or the
inspection department at the vessel's first port of arrival in China for
inspection or appraisement and send a copy of the inspection report to the
harbour superintendency administration for the record.
The harbour superintendency administration may entrust the inspection and
appraisement mentioned in the preceding paragraph to relevant unite or
department and the expenses shall be borne by the owner or manager of the vessel
If the accident happening to a vessel or installation involved fire or
explosion, the captain or the person in charge of installation must apply to a
fire fighting brigade in the public security organ for an appraisement and send
a copy of the appraisement report to the harbour superintendency administration
for the record.
第三章 调 查
CHAPTER III INVESTIGATION
第十条 在港区水域内发生的海上交通事故，由港区地的港务监督进行调查 。
Article 10. Harbour superintendency administration shall be responsible for
the investigation of the maritime traffic accidents which happen in the waters
of their respective harhour areas.
The maritime traffic accidents which happen outside the waters of harbour
areas shall be investigated by the harbour superintendency administration of the
nearest harbour or that of the vessel's first port of arrival in the People's
Republic of China.
The Harbour Superintendency Administration Bureau of the People's Republic of
China may designate a harbour superintendency administration to carry out the
investigation, if the Bureau deems it necessary.
When the harbour superintendency administration concerned deems it necessary,
he may request relevant departments and social organizations to take part in the
investigation of the accidents.
Article 11. Upon receiving accident reports, the harbour superintendency
administration shall promptly carry out investigation. Investigation shall be
carried out in an objective and all-round manner and must not be restricted by
the information provided by the parties involved in the accidents. If the
investigation warrants it, the harbour superintendency administration has the
(1) Question the persons concerned;
(2) Demand written material and testimonial from the persons under
(3) Demand the parties involved to provide logbooks, engine room logs,
wheel-bell records, radio operation logs, course records, charts, data of the
vessel, functions of the navigation equipment and instruments and other
necessary original papers and materials;
(4) Examine certificates of the vessels, installations and the relevant
equipment and certificates of the personnel and verify seaworthiness of the
vessels and technical conditions of the installations before the accident;
(5) Examine the damage to the vessels, installations and goods and assertain
casualties of personnel;
(6) Survey the scene of the accident and collect relevant material evidences.
During the investigation, the harbour superintendency administration may use
recording, photographing and video equipment and may resort to other means of
investigation permitted by law.
Article 12. The persons being investigated must subject themselves to the
investigation, honestly state the relevant circumstances of the accident and
provide authentic papers and materials.
In conducting investigations, the personnel of harbour superintendency
administration shall produce their certificates to the persons being
Article 13. If the investigation of a maritime traffic accident so requires,
the harbour superintendency administration may order the vessel(s) involved to
sail to the spot for investigation. Except when its (their) own safety is in
danger, the vessel(s) involved must not leave the said spot without the
permission of the harbour superintendency administration.
Article 14. The organs respectively in charge of public security, state
security, supervision, procuratorial work, and judicial work, as well as
maritime arbitration committees and other organs and personnel designated under
the law may consult, make extracts of or duplicate the findings concerning
maritime traffic accidents prepared by the harbour superintendency
administrations for the purpose of handling cases. judicial organs may borrow
these findings if they are really needed in the trials.
Article 15. The harbour superintendency administrations shall, according to
the investigations of maritime traffic accidents, work out the Report on
Findings Concerning Maritime Traffic Accidents, in which causes of the accident
shall be ascertained and the responsibility of the persons concerned be
determined. A serious accident shall be reported to the local procuratorial
Article 16. The Report on Findings Concerning the Maritime Traffic Accident
shall include the following items:
(1) Basic conditions of the vessels or installations and the main data;
(2) Names and addresses or the owners or managers of the vessels or
(3) When and where the accident happened, the course of the accident, weather
and sea conditions at the time, seriousness of the damage;
(4) Causes of the accident and evidences thereof;
(5) Liabilities of the parties involved and evidences thereof;
(6) Other relevant information.
Article 17. The harbour superintendency administrations may, according to the
nature and seriousness of their liabilities, mete out the following penalties
according to law to the persons who are held responsible for the maritime
(1) Warnings, fines, suspension or revocation of their job certificates may be
resorted to when the crew, pilots or personnel working on the installations are
of Chinese nationality;
(2) Warnings and fines may be imposed on the crew or the personnel working on
the installations who are of foreign nationalities or their faults may be
reported to the competent organs of their respective countries.
Article 18. If it is necessary to pursue the administrative responsibility of
the persons involved, owners or managers of the vessels or installations who are
held responsible for the maritime traffic accidents, the harbour superintendency
administrations shall submit the cases to their competent organs or the organs
in charge of administrative supervision, With respect to persons whose action
constitutes a crime, the judicial authorities shall, in accordance with the law,
investigate their criminal responsibility.
Article 19. The harbour superintendency administration may, in the light of
the causes of the maritime traffic accidents, order the owners and managers of
the vessels involved or installtions involved to strengthen safety control over
their vessels or installations within a time limit. In case of refusal to
strengthen safety administration or failure to meet the safety requirements
within the said time limit, the harbour superintendent has the right to order
the vessels or installations to suspend navigation, change courses or suspend
operation and may adopt other necessary compulsory measures.
第五章 调 解
CHAPTER V MEDIATION
Article 20. If a maritime traffic accident happening to vessels or
installations gives rise to a civil dispute over tort liability, the parties may
apply to the harbour superintendency administration for mediation.
Mediations must be carried out on the principles of voluntariness and
impartiality and no coercion shall be allowed.
Article 21. If s suit has been brought before a maritime court or an
application sent to a maritime arbitration organ, the parties to the civil
disputes mentioned in the preceding article shall not apply to the harbour
superintendency administration for mediation.
Article 22. Written applications for mediations shall be submitted, by the
parties within 30 days after the accident happened, to the harbour
superintendency administration responsible for the investigation of the
accident. If guarantees are demanded by the harbour superintendency
administration the parties shall provide papers of economic compensation
Article 23. If an agreement is reached after mediation, the harbour
superintendency administration shall prepare a mediation document. The mediation
document shall include the following items: names and addresses of the parties,
names and positions of the legal representatives, main points of the disputes,
liabilities of the parties, content of the agreement, payment of the mediation
fees and the time limit for the execution of the mediation agreement.
The parties concerned shall jointly sign the mediation document and the
superintendency administration shall confirm it by affixing its seal thereon.
One copy of the mediation document shall be held by each party concerned and one
copy kept by the harbour superintendency administration.
Article 24. All the parties concerned shall execute the agreement of mediation
of their own accord. If the parties renegue or fail to execute the agreements
within the time limit after the agreement is reached, the mediation shall be
regarded as failing.
Article 25. If a party to a civil dispute who has applied to the harbour
superintendency administration for mediation wants to withdraw from it, the
party shall send a written application to the harbour superintendency
administration for mediation cancellation and notify the other party to the
dispute at the same time.
Article 26. If the harbour superintendency administration fails to make the
parties reach an agreement of mediation within 3 months as of the date of
receipt of the application for mediation, the mediation may be announced as
Article 27. If the parties do not want mediation or the mediation has failed,
they may bring a suit in a maritime court or apply to a maritime arbitration
organ for arbitration.
Article 28. Anyone who has applied to the harbour superintendency
administration for mediation shall pay mediation fees. Standards for mediation
charges shall be worked out by the Ministry of Communications in conjunction
with the State Administration for Commodity Prices and the Ministry of Finance.
If an agreement is reached through mediation, the mediation charge shall be
shared according to the seriousness of the parties' faults or the agreed
proportions. If mediation has failed, the expenses shall be shared out equally
among the parties.
Article 29. The harbour superintendency administration may, depending on the
circumstances, warn or impose a fine of not more than 200 yuan on the persons
concerned (natural person), or impose a warning or a fine of not more than 5,000
yuan on the owners or managers of the vessels, if they violate these Regulations
in one of the following manners:
(1) Failing to report the accident to the harbour superintendency
administration or submit the Report Concerning Maritime Traffic Accident or
duplicate copies of the documents of court verdict, arbitration award or
mediation document as stipulated in Article 32 of these Regulations within the
(2) Failing to sail to the spot designated by the harbour superintendency
administration or leaving the designated spot without the permission of the
harbour superintendency administration when nothing is endangering the vessel
(3) Affecting the progress of the investigations or causing losses to the
departments concerned because the content of the accident report or the Report
Concerning Maritime Traffic Accident does not meet the stipulated requirement or
it is not truthful;
(4) Affecting the investigation of the accident by violating the provisions of
(5) Refusing to be investigated or unjustifiably obstructing and interfering
with the investigation by the harbour superintendency administration;
(6) Intertionally concealing facts or providing false testimonial during
With respect to persons whose acts have constituted a crime as specified in
paragraphs (5) and (6) of this Article, the judicial organs shall investigate
their criminal responsibility according to law.
Article 30. Administrative sanctions shall be given by administrative
supervision organs or relevant units to those persons working in harbour
superintendency administrations who violate the provisions of these Regulation,
neglect their duties, abuse their powers, engage in malpractices for selfish
ends and ask for and accept bribes. If their acts constitue crimes, their
criminal responsibilities shall be investigated by judicial organs according to
Article 31. If the parties concerned do not agree with the penalties imposed
on them by the harbour superintendency administration according to the
provisions of these Regulations, they may bring a suit in a people's court
according to law.
Article 32. If maritime traffic accidents happen to vessels of Chinese
nationality outside the coastal waters of the People's Republic of China, their
owners or managers shall report to the harbour superintendency administration
where the vessels have registered and shall submit the Report Concerning
Maritime Traffic Accident within 60 days after the accidents happened.
If lawsuits, arbitrations of mediations concerning the accidents take place
abroad, the owners or managers shall submit copies or photocopies of the court
verdicts, awards or mediation documents to the harbour superintendent of the
harbour where the vessels have registered for the record within 60 days after
the termination of the lawsuits, arbitration or mediation.
Article 33. If crew members of Chinese nationality holding job qualification
certificates of the People's Republic of China are held responsible for maritime
traffic accidents while they are working on board foreign vessels, their
respective units in China shall submit the Report Concerning Maritime Traffic
Accidents to the harbour superintendency administration issuing the job
qualification certificates within 60 days after the accidents happened.
The maritime traffic accidents mentioned in the first paragraph of this
Article and in Article 32 shall be investigated and dealt with in accordance
with the relevant provisions of these Regulations.
Article 34. With respect to those operations which have violated the
regulations concerning maritime traffic safety and have constituted latent
threats of potential major accidents although direct traffic accidents have not
been caused, the harbour superintendency administration may carry out
investigation and mete out penalties according to the provisions of these
Article 35. The maritime traffic accidents which have caused marine
environmental pollution shall be dealt with in accordance with the relevant laws
and regulations of China concerning marine environmental protection.
Article 36. These Regulations shall be interpreted by the Ministry of
Article 37. These Regulations shall go into effect as of the date of