On June 29, 2011, the MSA of PRC issued the Provisions to each MSA directly under MSA PRC and each local MSA to seek for comments according to Maritime Traffic Safety Law, Regulations Concerning the Administration of Traffic Safety on Inland Waters, Regulations on the Investigation and Handling of Maritime Traffic Accidents and Regulations on the Investigation and Handling of Traffic Accidents on Inland Waters.

The Provisions apply to the survey and handling on the cases of escape from traffic accidents that caused by vessel and facilities in the Chinese coastal waters and navigable inland waters; and the survey and handling on the cases of escape from the traffic accidents that caused by vessels in the waters beyond the jurisdiction of China but related to vessels of Chinese nationality.

The escape from water traffic accident means the actions that the vessels and facilities knew or should have knew the occurrence of water traffic accidents, but do not perform the search and rescue duties, not report to the maritime safety administrations and escape from the waters of accident in order to evade legal abilities.

The survey and handling on the cases of escape from water traffic accident is mainly on territorial jurisdiction, port of arrival and port of registry jurisdiction supplemented.

Upon the occurrence of the case of escape from water traffic accident, the injured parties or other related parties concerned, shall immediately report to the maritime safety administration where the accident occurred; or report to maritime safety administration where the port of registry of Chinese accident vessel locates if such escape cases occurs in the waters beyond the jurisdiction of China.

The injured parties or other related parties concerned may report the related information required by the accident report, and shall also report the following information, including but not limited to:

(1) The name of the escape vessel, port of registry and the appearance of the vessel (color, dimension of the escape vessel, navigation bridge location, the shape of bow and stern, photo of vessel, symbol of funnel, derrick, navigation lamp and lamp shape, loading height and freeboard height, etc.);
(2) The direction, speed of the escape vessel, port of origins and destination
(3)Proof condition, such as the residual paint of opponent’s vessel left on the collided vessels or probable residual paint or other proof that left on the accident escape vessel;
(4) The other nearby vessels.

Upon receiving the report of the cases of escape, the maritime safety administration of jurisdiction shall immediately survey the suspected vessel, and the content of survey shall include but not limited to:

(1) Survey the shell of the ship hull, check whether there is new trace of collision, scrape or residual sawdust, paint and oil pollutant, and shall take a photo, record and collect the proof, if any.
(2) Look over the original record on board, such as logbook, engine logbook, record of navigation direction, chart, VDR, and check whether the vessel sails over the waters of accident when the accident happens;
(3) Inquiry with the crew on duty when the accident happens in order to understand the vessel condition at the moment of accident occurrence and various suspected conditions heard, saw or felt by the crew on duty; and could also inquiry with other crew to obtain more information, if necessary.
(4) For the occurrence of various abnormal conditions, such as stated in the (1), new paint brushed or old paints covered by the new paints, amended original record and avoidance or disguised behavior, the related individuals shall be required to make reasonable explanation.
  
For the major suspected vessel, the related maritime safety administration may forbid such vessel from leaving the port, with the time limit not exceeding 72 hours in principal.

In case a suspected vessel is included at least two items of the following contents, such vessel could be determined to be an accident vessel:
(1) The party of suspected escape vessel of accident acknowledges the accident facts;
(2) The character of suspected escape vessel of accident (name, color, type of the ship) matches the proof provided by the witness on the spot;
(3) There are new collision and scrape traces on the shell of suspected vessel, and the captain can not explain the new traces or can not give out reasonable explanation;
(4) The navigation traces of the suspected vessel matches the location and time of accident occurrence recorded by VTS, AIS and VDR;
(5) The paints obtained from the suspected matches the paints from other accident vessel.

For the vessel which has been determined to be accident vessel, whether the accident vessel has the escape behavior shall be further surveyed. In case the following conditions happen to the accident vessel, the escape behavior of the accident vessel could be directly determined:
(1) The statutory record is amended or ruined without any reason;
(2) The captain or navigator on duty of the accident vessel conceal the truth, cheat the surveyors or refuse to accept investigation;
(3) The accident vessel, without good reason, refuses the standstill order or the order of maritime safety administration to be surveyed in the designated waters;
(4) There is collision trace on the escape vessel body of accident, without reasonable explanations;
(5) The parties of suspected vessel acknowledge the escape facts;
(6) There is electronic proof to show that: the navigation direction and speed change greatly at the location of accident occurrence;
(7) Suddenly shut up the AIS, VDR, etc., without reasonable explanation.

For the proved escape vessel of accident, such vessel shall be order to bear the full responsibility for the damage arising from accident and escape; if the responsibilities can not be ascertained, the accident escape vessel shall bear full or main responsibilities.

The vessel or related persons of accident escape vessel shall be given a heavier and stricter punishment according to the related laws and regulations. If above persons are suspected to commit criminal offence, the maritime safety administration shall transfer the cases to the public security organs.

The vessel, crew, company, and crew’s dispatched office of the escape vessel of accident shall be published on the external internet of each MSA.

In case the suspected accident escape vessel sails to foreign ports, China MSA may dispatch surveyors to investigate and obtain evidence depending on the circumstances or ask the maritime departments of flag state or destination state of suspected vessel to help to investigate and obtain evidence.