SHIP COLLISIONS

Ship collision is the name given to the physical impact that occurs between two ships
resulting in a damaging accident. This particular collision can also occur between a
ship and a stable or a floating structure like an offshore drilling platform or an ice
berg or even a port.
1. Risks – collision
-All ships at sea run the risk of a collision; The longer the ship, the bigger the area
that can be hit
-The bigger the ship the “more” difficult to manoeuver in case of emergencies
-The bigger the vessel, the greater the number of watertight compartments
-A collision may lead to local flooding (1 or 2 holds), but unlikely the vessel will sink
-As the vessel remains afloat it will be possible to tow her to a port of refuge where
container handling can take place
-Cargo losses are likely to be “limited”
2. Types of Collision:
-Traditional Collision
-Allision: moving vessel strikes a stationary object
-Many studies and accident reports indicate that the accidents are caused by either
human error or are associated with human error as a result of inappropriate human
responses.
3. General Points:
-Every vessel has a responsibility to avoid collisions.
-If every vessel follows the rules, there cannot be a collision.
-Even if these rules require another vessel to keep out of your way, you must be ready
to take action yourself.
-If you are in a collision, you will always be partly to blame.
-All actions must be clear, in good time, and large enough so other vessels will
understand your intentions.
-Generally alterations of course are more obvious than alterations of speed, but never
hesitate to slow down to give yourself thinking time or more room
4. Liability:
Fault may arise because of:
1. negligence or lack or proper care to navigate vessel.
2. Violation of the Navigation rules

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 3. Failure to comply with local navigational customs usage
4. Unseaworthiness of vessel
Test: Whether the collision could have been avoided by the exercise of ordinary care,
caution, and maritime skills – fact specific.
5. Causation:
No liability unless it is proven that the negligence was the proximate cause of
collision. (substantial factor in bringing about the collision)
6. Direct consequence of the collision:
Only direct consequences of the collision are recoverable
Duty to render assistance and mitigate damage or loss
Master of each vessel in collision is bound, so far as he can do so without serious
danger to his vessel, crew and its passengers, to render assistance to the other
vessel, its crew and passengers.
If victim fails to take reasonable measures to mitigate his loss or damage, it may
not recover the aggravated loss or damage.
7. Damages:
Measure of damages depends on whether vessel is total loss or partial loss capable of
being repaired.
Total loss: Fair Market Value (FMV) of vessel at the time of loss (gross and net
price of the vessel) plus freight, cleanup, wreck removal, etc.
Partial loss: cost of repair.
8. Shipping casualties:
The Lloyd’s Register of Shipping Casualty Returns for 1958, the year before the
International Maritime Organisation Assembly met for the first time showed that:
- 16 per cent of the merchant shipping tonnage lost that year (56,000 of gross tons)
resulted from collisions and
-further 32 per cent (115,000 gt) from groundings or striking wrecks.
-The vast majority of these casualties nearly half the total for that year were thus
caused or contributed to by navigational error or deficiency.
9. Conventions on Collision:
Since 1959, the International Maritime Organisation has introduced a whole series of
measures in the form of conventions, recommendations and other instruments to
improve navigational safety.
Three of the important Conventions are:
-the International Convention for the Safety of Life at Sea, 1974;

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 - the Convention on the International Regulations for Preventing Collisions at
Sea, 1972 and
-the International Convention on Standards of Training, Certification and
Watch- keeping for Seafarers, 1978.
10. Malaysian Position:
-All the three Conventions have been adopted in Malaysia.
- These are adopted in Regulations issued under the Merchant Shipping Ordinance
1952. The Collision Regulations are set out in five parts, A to E, between them
containing 38 Rules.
-There are also four Annexes dealing respectively with:
i. positioning and technical details of lights and shapes to be displayed,
ii. additional signals to be used by fishing vessels fishing in close proximity,
iii. technical details of sound signal appliances and
iv. distress signals such as gun firing at one-minute intervals, continuous
sounding of fog-horn and the use of flags.
11. List of Acts and Laws Under Control of the Marine Department of Malaysia

Merchant Shipping Ordinance 1952

Subsidiary Laws:
Merchant Shipping Order (Collision Regulations), 1984
Merchant Shipping (Collision Regulations) (Rules Vessels Navigating Through The
Straits of Malacca and Singapore) Order 1984
Merchant Shipping (Collision Regulations) (Amendment) Order 2000

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