10-1-1. PURPOSE OF INVESTIGATION, CAUSE AND RESPONSIBILITY

The statutory purpose of marine casualty investigations is to obtain information for the prevention of similar casualties, as far as practicable. It is necessary that the cause of the casualty and the responsibility therefor be determined as precisely as is possible in order that detailed factual information will be available for review and statistical studies. Based on this information appropriate corrective measures, regulations, and standards of safety may be developed and instituted or legislation for marine safety may be recommended if necessary.

10-1-5. VIOLATIONS AND SUSPENSION OR REVOCATION PROCEEDINGS

Determinations are also required as to whether or not any provisions of Title 52, Revised Statutes (Sections 4399 to 4500), or regulations issued thereunder were violated, or if any basis exists for the institution of suspension or revoca tion proceedings.

10-1-10. CIVIL AND CRIMINAL RESPONSIBILITY

Marine casualties are not investigated for the purpose of fixing civil or criminal responsibility or to assist in the determination of any issues involving private interest. When evidence of a criminal act is developed at an investigation of a marine casualty, such evidence shall be referred to the U. S. Attorney General through the Commandant, as required by 46 CFR 136.23-1. (See 10-3-130A for reference to United States Attorney.)

10-1-15. COAST GUARD PERSONNEL AS WITNESSES IN CIVIL LITIGATION

The requirements in 46 CFR 136.15 must in every case be complied with before an investigating officer may appear as a witness in private civil litigation as a representative of the U. S. Coast Guard. The appearance of investigating officers as witnesses, particularly away from their duty stations, on behalf of private parties in civil litigation inevitably causes disruption to the proper performance of their duties which can only result in adversely affecting the public interest. It is the Commandant's policy to permit the taking of investigating officers' depositions at their station of duty, providing à subpena is issued and the deposition is limited exclusively to facts coming under the investigating officer's personal observation while in the performance of his official duties under the marine safety statutes and regulations thereunder. Under no circumstances will authority be granted for an investigating officer to give evidence as an expert witness in litigation involving private parties.

10-1-20. LEGAL AUTHORITY

The primary authority under which marine casualties are required to be reported and investigated will be found in R.S. 4450, as amended, 46 U.S.C. 239, and the regulations promulgated pursuant thereto, which will be found under 46 CFR Part 136. Sections 10, 11, and 12 of the Act of June 20, 1874, as amended, and sections 15 and 16 of the Act of March 4, 1915, as amended (33 U.S.C. 361-363, 365, 366) require reports of accidents or possible loss of vessel to be made to the Commandant

by the master, owner, or agent of any vessel of the United States or seagoing barge.

10-1-25. REFERENCES

Investigating officers conducting investigations pursuant to 46 CFR Part 136 should have a thorough knowledge of the Marine Safety Statutes and the regula tions promulgated by the Coast Guard, with regard to the activities of the merchant marine, which will be found in Titles 33 and 46 of the Code of Federal Regulations and the Pocket Supplements thereto. Investigating officers should have at hand for reference purposes the following:

Title 33, U. S. Code Annotated, with latest supplement.

'Title 46, U. S. Code Annotated, with latest supplement.

In addition, investigating officers should be familiar with the Coast Guard pamphlet "Laws Governing Marine Inspection," CG-227. This pamphlet contains the basic inspection laws as set forth in Title 52 of the Revised Statutes of the United States, as amended, R.S. 4399 to 4500, inclusive, as well as certain pertinent supplementary statutes.

Dutton-Navigation and Nautical Astron

omy.

Bowditch-American Practical Navigator. 10-1-35. COURT DECISIONS AND LEGAL ASSISTANCE

If necessary the officers conducting investigations may call on the district legal officer for assistance in resolving legal questions which may arise in the course of an investigation.

10-1-50. DEFINITIONS 10-1-50A. Regulatory

For definitions of terms used in this chapter see 46 CFR 136.03.

10-1-50B. Parties in Interest

46 CFR 136.03-10 defines "Parties in Interest." All parties in interest at marine casualty investigations, whether being conducted by investigating officers or marine boards of investigation, shall be accorded all the rights to which they are entitled as set forth in R.S. 4450, as amended (46 U.S.C. 239), and 46 CFR Part 136.

10-1-50B(1). Parties in interest are those persons who, in the light of existing facts, may be considered to have caused or contributed to the cause or may in any way be responsible for the casualty under investigation. Normally, such persons are the owner, operator, bare boat charterer or their agents, and the ship's personnel involved, whether or not not such personnel perished in the casualty.

10-1-50B(2). Cargo interests such as manufacturers, owners, or shippers are not parties in interest unless there is indication that the cargo caused or contributed to the cause of the casualty, which may be the case in investigations