MARINE CASUALTIES 231 



SUBCHAPTER 7B.— CASUALTY INVESTIGATIONS 



Casualty involving loss of life; reports 

 46 U.S.C. 239(a) (R.S. 4450) 



The Commandant of the Coast Guard shall prescribe rules and 

 regulations for the investigation of marine casualties involving loss 

 of life in order to determine whether anj^ incompetence, misconduct, 

 unsk ill fulness, or willful violation of law on the part of any licensed 

 officer, pilot, seaman, employee, owner, or a^ent of such owner of 

 any vessel involved in such casualty, or any nispector, officer of the 

 Coast Guard, or other officer or employee of the United States, or 

 any other person, caused or contributed to the cause of such casualty. 

 All reports shall be made to the Commandant of the Coast Guard 

 and such reports shall be public records and be open to inspection 

 at reasonable times by any persons. 



Casualty not involving loss of life; classification 



46 U.S.C. 239(b) (R.S. 4450) 



The Commandant of the Coast Guard shall establish rules and 

 regulations for the investigation of marine casualties and accidents 

 not involving loss of life, any act in violation of any of the provi- 

 sions of title 52 of the Revised Statutes or of any of the reflations 

 issued thereunder, and all cases of acts of incompetency or misconduct 

 committed by any licensed officer or holder of a certificate of service 

 while acting under the authority of his license or certificate of service, 

 whether or not any of such acts are committed in connection with 

 any marine casualty or accident. The Commandant of the Coast 

 Guard shall classify marine casualties and accidents not involving 

 loss of life according to the gravity thereof and in making such clas- 

 sification the Commandant shall give consideration to the extent of 

 injuries to persons, the extent of property damage, the dangers actual 

 or potential which such marine casualties or accidents may create to 

 the safety of navigation or commerce. 



Immediate investigation of conduct, violations and casualties; 

 right to counsel 



46 U.S.C. 239(d) (R.S. 4450) 



All acts in violation of any of the provisions of title 52 of the Revised 

 Statutes or of any of the regulations issued thereunder, whether or 

 not committed in connection with any marine casualty or accident, 

 and all acts of incompetency or misconduct, whether or not committed 

 in connection with any marine casualty or accident, committed by 

 any licensed officer acting under authority of his license or by any 

 chief or assistant steward, purser, radio operator, electrician, able 

 seaman, or lifeboatman acting under authority of a certificate of 

 service issued to him by the Bureau of Marine Inspection and Naviga- 

 tion or the Coast Guard and all marine casualties and accidents and 

 the attendant circumstances shall be immediately investigated as pro- 

 vided in suljsections (a) and (b) of this section. The investigation 

 shall determine, as far as possible, the cause of any such casualty or 



