Norway Proposes New Commission

NORWAY is tightening up its maritime inquiries system with the introduction of a new Commission of Inquiry. According to Oslo-based law firm Wikborg Rein, the current system has been heavily criticised, mainly due to the courts' difficulty in clarifying the causes of accidents at sea. This has been blamed on the ordinary judges' lack of maritime knowledge and experience.

"The purpose of the Commission, which will replace the current system, is to improve the prevention of accidents at sea," explains Trond Eilertsen, a shipping partner in Wikborg Rein's Oslo office. "Investigators under the new Commission will have a higher degree of relevant expertise enabling them to make a more thorough investigation of accidents." The Commission will be required to produce a report on each investigation, with conclusions and recommendations.

The new system will also lead to amendments to the Norwegian Maritime Code including a change to the definition of 'accident at sea'. As a result, the situations requiring mandatory investigation will expand to include accidents involving a Norwegian vessel that has lead to a loss of life or where there have been major injuries. Investigations will also be mandatory where a passenger vessel has been involved in an accident, irrespective of whether loss of life or major injury has occurred.

The duties of masters will also change under the new Commission. "Under the current system, there is no general provision imposing a duty to inform any authority of accidents at sea," says Eilertsen. The new regime, however, will establish a duty on the master, or the shipowner, to immediately inform the Commission, nearest police authority, or the rescue coordination centre of any accidents.