StatA

§ 4.05–12

46 CFR Ch. I (10–1–03 Edition)

(Report of Required Chemical Drug and
Alcohol Testing Following a Serious
Marine Incident).
(b) If filed without delay after the occurrence of the marine casualty, the
report required by paragraph (a) of this
section suffices as the notice required
by § 4.05–1(a).

work books, compass deviation cards,
gyro records, stowage plans, records of
draft, aids to mariners, night order
books, radiograms sent and received,
radio logs, crew and passenger lists, articles of shipment, official logs and
other material which might be of assistance in investigating and determining the cause of the casualty. The
owner, agent, master, other officer or
person responsible for the custody
thereof, shall make these records available upon request, to a duly authorized
investigating officer, administrative
law judge, officer or employee of the
Coast Guard.
(b) The investigating officer may
substitute photostatic copies of the
voyage records referred to in paragraph
(a) of this section when they have
served their purpose and return the
original records to the owner or owners
thereof.

[CGD 94–030, 63 FR 19192, Apr. 17, 1998]

§ 4.05–12 Alcohol or drug use by individuals directly involved in casualties.
(a) For each marine casualty required to be reported by § 4.05–10, the
marine employer shall determine
whether there is any evidence of alcohol or drug use by individuals directly
involved in the casualty.
(b) The marine employer shall include in the written report, Form CG–
2692, submitted for the casualty information which:
(1) Identifies those individuals for
whom evidence of drug or alcohol use,
or evidence of intoxication, has been
obtained; and,
(2) Specifies the method used to obtain such evidence, such as personal
observation of the individual, or by
chemical testing of the individual.
(c) An entry shall be made in the official log book, if carried, pertaining to
those individuals for whom evidence of
intoxication is obtained. The individual must be informed of this entry
and the entry must be witnessed by a
second person.
(d) If an individual directly involved
in a casualty refuses to submit to, or
cooperate in, the administration of a
timely chemical test, when directed by
a law enforcement officer or by the marine employer, this fact shall be noted
in the official log book, if carried, and
in the written report (Form CG–2692),
and shall be admissible as evidence in
any administrative proceeding.

§ 4.05–20 Report of accident to aid to
navigation.
Whenever a vessel collides with a
buoy, or other aid to navigation under
the jurisdiction of the Coast Guard, or
is connected with any such collision, it
shall be the duty of the person in
charge of such vessel to report the accident to the nearest Officer in Charge,
Marine Inspection. No report on Form
CG–2692 is required unless one or more
of the results listed in § 4.05–1 occur.
[CGD 74–119, 39 FR 33317, Sept. 17, 1974, as
amended by CGD 88–070, 53 FR 34533, Sept. 7,
1988]

§ 4.05–25
ists.

Reports when state of war ex-

During the period when a state of war
exists between the United States and
any foreign nation, communications in
regard to casualties or accidents shall
be handled with caution and the reports shall not be made by radio or by
telegram.

[CGD 84–099, 52 FR 47534, Dec. 14, 1987]

§ 4.05–30 Incidents
involving
ardous materials.

§ 4.05–15 Voyage records, retention of.
(a) The owner, agent, master, or person in charge of any vessel involved in
a marine casualty shall retain such
voyage records as are maintained by
the vessel, such as both rough and
smooth deck and engine room logs, bell
books, navigation charts, navigation

When a casualty occurs involving
hazardous materials, notification and a
written report to the Department of
Transportation may be required. See 49
CFR 171.15 and 171.16.
[CGD 76–170, 45 FR 77441, Nov. 24, 1980]

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