(1)  For the purposes of these regulations, a maritime incident is –

(a) the occurrence, in waters that are navigable, of any of the following:

(i) the death or serious injury of a person on board a vessel;

(ii) the death or serious injury of a person caused by a vessel;

(iii) the loss overboard, or presumed loss overboard, of a person from a vessel;

(iv) the loss, or presumed loss, of a vessel (whether from sinking, structural failure, explosion, fire or otherwise);

(v) the abandonment of a vessel;

(vi) the theft, hijacking or suspicious disappearance of a vessel; or

(b) the occurrence, in waters that are navigable, of any of the following to a serious degree:

(i) the collision, or near collision, of a vessel with another vessel or any object;

(ii) the grounding or stranding of a vessel;

(iii) the flooding or swamping of a vessel;

(iv) the capsizing or complete roll-over of a vessel;

(v) a loss of stability of a vessel affecting the safety of the vessel (whether from shifting cargo or ballast or other causes);

(vi) a loss of steerage or propulsion on a vessel;

(vii) the disablement of a vessel to the extent that it requires assistance;

(viii) a structural failure in the hull or superstructure of a vessel;

(ix) damage caused to or by a vessel;

(x) a fire, explosion or emergency involving dangerous substances on a vessel;

(xi) the loss overboard of a shipping container, or other major item or quantity of cargo, from a commercial vessel;

(xii) the loss overboard of spars, or rigging or other major items of equipment, from a sailing vessel;

(xiii) the loss overboard of nets, dredges, cables or other major items of equipment, from a commercial fishing vessel.

(2)  For the purposes of subregulation (1) , it is immaterial whether the relevant vessel is under way or secured at the time of the relevant occurrence.

(3)  In this regulation –

secured , in relation to a vessel, means –

(a) riding at anchor (other than a sea anchor); or

(b) tied up to a mooring, moored raft or moored pontoon; or

(c) tied up to a jetty, wharf or breakwater; or

(d) berthed in a marina; or

(e) secured to a vessel to which paragraph (a) , (b) , (c) or (d) applies; or

(f) connected up to something such as a crane, slipway cradle or trailer winch in order to be put into or taken out of the water;

serious degree , in relation to an occurrence, means to such a degree that –

(a) a navigation hazard is or is realistically likely to be created as a result of the occurrence; or

(b) a vessel sustains, or is realistically in danger of sustaining, damage that is not merely superficial as a result of the occurrence; or

(c) the environment sustains, or is realistically in danger of sustaining, serious harm as a result of the occurrence; or

(d) the safety of any person is at serious risk as a result of the occurrence.