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Gard Guidance Masters

2.16.4.6 COLLISIONS MAY CONSTITUTE A CRIMINAL OFFENCE!

In an increasing number of jurisdictions, collisions between vessels may constitute a criminal offence for which the Master and the officer concerned may be subject to criminal prosecution. Fines are imposed in most jurisdictions, however, the Master and officer may also be detained and possibly arrested even where no personal injury or oil pollution has occurred. Detention cannot always be averted despite lawyers being instructed to protect the interests of the Master, the officer, other crew members concerned and the Company.

After a collision has occurred and the vessel has arrived in port, the Master and crew are advised not to discuss the collision with anyone unless the correspondent or lawyer appointed by the Company, Hull and Machinery or P&I insurer is present.