4Definitions

## 4 Definitions For the purpose of this Code: 4.1 Marine casualty means an event that has resulted in any of the following: .1 the death of, or serious injury to, a person that is caused by, or in connection with, the operations of a ship; or .2 the loss of a person from a ship that is caused by, or in connection with, the operations of a ship; or .3 the loss, presumed loss or abandonment of a ship; or .4 material damage to a ship; or .5 the stranding or disabling of a ship, or the involvement of a ship in a collision; or .6 material damage being caused by, or in connection with, the operation of a ship; or .7 damage to the environment brought about by the damage of a ship or ships being caused by, or in connection with, the operations of a ship or ships. 4.2 Very serious casualty means a casualty to a ship which involves the total loss of the ship, loss of life or severe pollution. 4.3 Serious casualty means a casualty which does not qualify as a very serious casualty and which involves: .1 a fire, explosion, grounding, contact, heavy weather damage, ice damage, hull cracking or suspected hull defect, etc., resulting in; .2 structural damage rendering the ship unseaworthy, such as penetration of the hull underwater, immobilization of main engines, extensive accommodation damage etc.; or .3 pollution (regardless of quantity); and/or .4 a breakdown necessitating towage or shore assistance. 4.4 Marine incident means an occurrence or event being caused by, or in connection with, the operations of a ship by which the ship or any person is imperilled, or as a result of which serious damage to the ship or structure or the environment might be caused. 4.5 Causes means actions, omissions, events, existing or pre-existing conditions or a combination thereof, which led to the casualty or incident. 4.6 Marine casualty or incident safety investigation means a process held either in public or in camera conducted for the purpose of casualty prevention which includes the gathering and analysis of information, the drawing of conclusions, including the identification of the circumstances and the determination of causes and contributing factors and, when appropriate, the making of safety recommendations. 4.7 Marine casualty investigator means a person or persons qualified and appointed to investigate a casualty, or incident, under procedures laid down in national legislation for the furtherance of marine safety and protection of the marine environment. 4.8 Serious injury means an injury which is sustained by a person in a casualty resulting in incapacitation for more than 72 hours commencing within seven days from the date of injury. 4.9 Ship means any kind of vessel which is used in navigation by water. 4.10 Lead investigating State means the State that takes responsibility for the conduct of the investigation as mutually agreed between the substantially interested States. 4.11 Substantially interested State means a State: .1 which is the flag State of a ship that is the subject of an investigation; or .2 in whose internal waters or territorial sea a marine casualty has occurred; or .3 where a marine casualty caused, or threatened, serious harm to the environment of that State, or within those areas over which the State is entitled to exercise jurisdiction as recognised under international law; or .4 where the consequences of a marine casualty caused, or threatened, serious harm to that State or to artificial islands, installations, or structures over which it is entitled to exercise jurisdiction; or .5 where, as a result of a casualty, nationals of that State lost their lives or received serious injuries; or .6 that has at its disposal important information that may be of use to the investigation; or .7 that for some other reason establishes an interest that is considered significant by the lead investigating State.