Frequently Asked Questions

Who needs to notify the Marine Accident Investigation Unit (MAIU) of a marine accident?

Section 17 of the Merchant Shipping (Investigation of Marine Accidents) Act 2025 deals with the initial notification of marine accidents, and an excerpt of same is included at the end of this document.

In the first instance the master of the ship, or if the master has not survived, the most senior surviving officer. Additionally, there is an obligation on the owner of the ship unless he or she is satisfied that the accident has already been reported by the master or most senior surviving officer.

The notification obligations on the master (or most senior surviving officer), and the owner do not apply where the marine accident involves only a personal watercraft, recreational craft of small fast powered craft.

Furthermore, there is an obligation on various other parties which include harbour authorities, inland waterways authorities, the Irish Coast Guard, and the Marine Survey Office. The obligation on these bodies to notify stands even in the case where the master or owner of the ship have made a notification, or in the case of a marine accident involving only a personal watercraft, recreational craft of small fast powered craft.

When should the notification be made?

The notification should be made immediately on becoming aware of a marine accident having occurred or commenced, or as soon as practicable thereafter.

What is a marine accident?

A marine accident is defined within Section 2(1) of the Act, and it means as marine casualty or a marine incident. These are further defined within the same section:

“marine casualty” means an event, or a sequence of events, that has resulted in any of the following, which has occurred directly in connection with the operations of a ship:

(a) the death of, or serious injury to, a person;

(b) the loss of a person from a ship;

(c) the loss, presumed loss or abandonment of a ship;

(d) material damage to a ship;

(e) the stranding or disabling of a ship, or the involvement of a ship in a collision;

(f) material damage to marine infrastructure external to a ship that could seriously endanger the safety of the ship, another ship or an individual;

(g) severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage of a ship or ships,

but does not include a deliberate act or omission done with the intention to cause harm to the safety of a ship, an individual or the environment;

“marine incident” means an event, or a sequence of events, other than a marine casualty, which has occurred directly in connection with the operations of a ship that endangered, or, if not corrected, would endanger the safety of the ship, its occupants or any other person or the environment, but does not include a deliberate act or omission done with the intention to cause harm to the safety of a ship, an individual or the environment;

Does the owner or master of a pleasure boat need to make a notification?

What happens if I don’t make a notification?

If you are required to make a notification under Section 17(1) of the Act (as master, most senior surviving officer, or owner of a ship), and without reasonable excuse fail to do so, you are committing an offence and are liable to penalties and/or imprisonment as set out in Section 17(4) of the Act.

If it happens during the night or at the weekend, do I need to make a notification straight away or can it wait?

The investigator-on-call number is monitored 24/7, so please make your notification immediately on becoming aware of a marine accident having occurred or commenced, or as soon as practicable thereafter. The notification mailbox is checked periodically outside of office hours by the investigator-on-call.

I’m not sure if I should make a notification, what should I do?

If you are unsure, then please contact the MAIU and we’ll be happy to advise you.

Are there any ships excluded from notification requirements?

The Act shall not apply to marine accidents involving only ships of the Naval Service of the Defence Forces.

I’m excluded from notification requirements. Does this mean that there cannot be an investigation into a marine accident involving my boat?

No, even though you may not have been required to make a notification, there may still be a marine safety investigation carried out. In the first instance the MAIU may contact you to ascertain more details on the accident and determine whether a marine safety investigation is warranted.

What happens when the MAIU receives notification of a marine accident?

When the MAIU receives notification of a marine accident, we will first determine whether, under Section 16 of the Act, a marine safety investigation is mandatory. If so, a marine safety investigation will be conducted.

Otherwise, a preliminary assessment of the marine accident will be carried out to determine whether a marine safety investigation is warranted.

When does the MAIU conduct a marine safety investigation?

In certain circumstances a marine safety investigation is mandatory, otherwise, a preliminary assessment of the marine accident will be carried out to determine whether a marine safety investigation is warranted.

What is the purpose of a marine safety investigation?

The purpose of a marine safety investigation is to establish the cause of a marine accident. It shall not be the purpose of a marine safety investigation to attribute fault or blame.

Who will carry out the marine safety investigations?

The marine safety investigations will be carried out by investigators who have been appointed to the MAIU and supported by the administrative staff or the Unit. The investigators work permanently for the MAIU and will be supplied with a warrant of appointment.

On occasion, consultant or advisers may be engaged to assist in investigations. There may also be occasions where assistance is provided to Accident Investigation Bodies from other Member States and third countries.

Are there geographic limitations to where this Act applies?

This Act applies to and Irish ship in waters anywhere, and to all ships in Irish waters. “Irish waters” includes the territorial sea, the waters on the landward side of the territorial sea, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified), of the State.

What do you mean by an Irish ship?

An Irish ship means a ship, other than a ship of war, known as such under Section 9 of the Mercantile Marine Act 1955. This means State-owned ships, ships which are wholly owned by persons being citizens of Ireland (hereinafter referred to as Irish citizens) or Irish bodies corporate and are not registered under the law of another country, and other ships registered or deemed to be registered under this Mercantile Marine Act 1955.

What if my ship is in another country when involved in a marine accident?

If your ship is in another country or jurisdiction when involved in a marine accident, then if an Irish ship that would ordinarily be required to make a notification, then this notification is still required. You should also be aware that there will likely be a requirement to notify the authorities who have jurisdiction over the area where the marine accident has occurred.

My ship is registered in another country; do I have to notify the MAIU of a marine accident involving my ship?

Yes, if the marine accident occurs within Irish waters, then you are required to make a notification in accordance with Section 17 of the Act. It is likely that you will also have to inform the authorities in your own flag state.

Where can I get further information on Marine Accidents?

The MAIU will publish reports on their website www.maiu.gov.ie and they also host reports issued by the Marine Casualty Investigation Board (MCIB) who carried out the accident investigation role before the establishment of the MAIU.

EMSA (the European Maritime Safety Agency) host the EMCIP platform which contains information on marine accidents in Europe, which is publicly available here.

For more information contact the Marine Accident Investigation Unit

Postal Address:

Marine Accident Investigation Unit
c/o Department of Transport,
Leeson Lane,
Dublin 2,
Ireland.

Tel: +353 1 604 0578
Email: info@maiu.gov.ie To report an occurrence call: +353 1 676 8139

Excerpt from Section 17 of Merchant Shipping (Investigation of Marine Accidents) Act 2025

17. (1) Subject to subsection (5), the following persons shall, immediately on becoming aware of a marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident:

(a) the master of the ship or, if the master has not survived, the most senior surviving officer;

(b) the owner of the ship, unless he or she is satisfied that the accident has already been reported by a person referred to in paragraph (a).

(2) In addition to any notification made under subsection (1), the following persons or entities shall, unless the circumstances are such that in his or her or its reasonable opinion it is unnecessary to do so, immediately on becoming aware of the marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident:

(a) in the case of a marine accident within or adjacent to the limits of any harbour, the harbour authority for that harbour;

(b) in the case of a marine accident on any inland waterway in the State, the person, authority or body having responsibility for that waterway;

(d) in the case of a marine accident involving an Irish ship or a substantial interest of the State, irrespective of the location of the marine accident and of the flag of the ship or ships involved, the Marine Survey Office.

(3) There shall be included in a notification under subsection (1) such relevant information as is known to the person making the notification, including the name and description of the ship, its position, the number of persons on board, if any, and as accurate a summary as possible of the marine accident.

(4) A person required by subsection (1) to make a notification who, without reasonable excuse, fails to do so commits an offence and is liable—

(a) on summary conviction to a class C fine, and

(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or to both.

(5) Subsection (1) shall not apply where the marine accident involves only a personal watercraft, recreational craft or small fast powered craft.