Article 1The purpose of this Act is to specify the proceedings of inquiries, etc., at the Japan Marine Accident Tribunal established in the Ministry of Land, Infrastructure, Transport and Tourism to take a disciplinary action against a marine technician, a boat operator, or a pilot who causes a marine accident intentionally or negligently in the course of their duties, thereby contributing to prevent marine accidents from occurring.

Article 2The term "marine accident" as used in this Act means the following marine accidents:

Article 3The Japan Marine Accident Tribunal must take a disciplinary action against a marine technician (including a person who obtained the approval referred to in Article 23, paragraph 1 of the Act on Ships' Officers and Boats' Operators (Act No. 149 of 1951); the same applies in Article 8 and Article 28, paragraph 1) or a boat operator or a pilot by the administrative determination, if a marine accident is caused intentionally or negligently in the course of their duties.

Article 4(1)There are three types of disciplinary actions as prescribed below, and the application of disciplinary actions is determined based on the gravity of the offence:

(2)The suspension period of business operation is not less than one month and not more than three years.

Article 5The Japan Marine Accident Tribunal may exceptionally exempt a person from a disciplinary action, when the tribunal finds it unnecessary to take a disciplinary action in light of the nature or situation of the marine accident, the person's background, and other circumstances.

Article 6The Japan Marine Accident Tribunal may not inquire a case on which administrative determination on the merits has become final and binding.

Article 19An examinee may appoint an assistant in court pursuant to the provisions of Order of the Ministry of Land, Infrastructure, Transport and Tourism.

Article 20In addition to what is provided for in this Act, an assistant in court may engage in conduct independently to the extent of conduct prescribed in Order of the Ministry of Land, Infrastructure, Transport and Tourism.

Article 21(1)An assistant in court must be appointed from among those registered as an assistant for maritime affairs with the Japan Marine Accident Tribunal; provided, however, that this does not apply to the case where the assistant in court is authorized by the Japan Marine Accident Tribunal.

(2)Particulars concerning qualifications and registration of an assistant for maritime affairs are provided for in Order of the Ministry of Land, Infrastructure, Transport and Tourism.

Article 22(1)An assistant for maritime affairs must perform their duties sincerely.

(2)An assistant for maritime affairs must not divulge confidential information they came to know in the course of their duties.

Article 23A assistant for maritime affairs is under the supervision of the Commissioner of the Japan Marine Accident Tribunal.

Article 24(1)When the Minister of Land, Infrastructure, Transport and Tourism (the relevant Japanese consular officer in case a Japanese consular officer handles the functions in place of the Minister of Land, Infrastructure, Transport and Tourism, pursuant to the provisions of Article 103, paragraph 1 of the Mariners Act (Act No. 100 of 1947)) receives a report on a marine accident pursuant to the provisions of Article 19 of that Act or comes to know the occurrence of a marine accident, the minister must immediately report it to an investigator of the Japan Marine Accident Tribunal having jurisdiction over the marine accident.

(2)When a coast guard officer, police officer, or mayor of a municipality comes to know the occurrence of a marine accident, they must immediately report it to the investigator of a Marine Accident Tribunal having jurisdiction over the marine accident.

Article 25When an investigator recognizes a fact that need to be inquired under this Act, the investigator must immediately investigate the fact and collect evidence thereof.

Article 26In investigating facts and collecting evidences, an investigator must keep confidential information and be cautious not to defame persons concerned.

Article 27(1)An Investigator may take any of the following measures if necessary to perform their duties:

(2)For disposition referred to in item (ii) of the preceding paragraph, an investigator must carry an identification card.

Article 28(1)When an investigator recognizes that a marine accident occurred due to intentional or negligent conduct in which a maritime technician, boat operator or pilot engages in the course of their duties, the investigator must file a petition for commencement of inquiry to the Japan Marine Accident Tribunal, designating the person as an examinee; provided, however, that the investigator may not file a petition for commencement for inquiry regarding any case for which five years have already elapsed since the occurrence of the marine accident.

(2)The petition referred to in the preceding paragraph must be filed in writing describing the facts of the marine accident and the details of the intentional or negligent conduct in which the examinee engaged in the course of their duties.

Article 29An investigator must notify the examinee that a petition for commencement of inquiry is filed pursuant to the provisions of Order of the Ministry of land, Infrastructure, Transport and Tourism.

Article 30The Japan Marine Accident Tribunal commences an inquiry when the petition for commencement of inquiry is filed by the investigator.

Article 31An inquiry is conducted and administrative determination is made at a tribunal open to the public.

Article 32(1)The chief administrative judge or one judge who has commenced an inquiry preside the inquiry and maintain the order at the tribunal during the inquiry.

(2)The chief administrative judge or one judge who has commenced an inquiry may order any person who disturbs the inquiry to leave the tribunal room, or may take any other necessary measures to maintain the order at the tribunal.

Article 33The Japan Marine Accident Tribunal may summon the examinee on the inquiry date and examine the examinee.

Article 34The administrative determination must be rendered based on oral arguments; provided, however, that the administrative determination may be made without hearing the statements of the examinee, if the examinee fails to appear on the inquiry date without reasonable grounds.

Article 35(1)The Japan Marine Accident Tribunal may examine the necessary evidence either by filing a petition or by its authority.

(2)Prior to the first inquiry date, the Marine Accident Tribunal may not examine evidence by a method other than the following methods:

(3)The Marine Accident Tribunal may not carry out physical escort, seizure, search, or take any other compulsory measures against a person, thing or place, or make any decision on a civil fine.

Article 36In the case the Japan Maritime Accident Tribunal requests a witness to testify, an expert witness to give an expert opinion, an interpreter to interpret or a translator to translate in examining evidence referred to in paragraph (1) of the preceding Article, it must have the person take an oath in accordance with the proceedings provided for in Order of the Ministry of Land, Infrastructure, Transport and Tourism; provided, however, that persons provided for in Order of the Ministry of Land, Infrastructure, Transport and Tourism may be exempted from taking an oath.

Article 37Finding of facts must be based on the evidence examined on the inquiry date.

Article 38The probative value of evidence is determined at the discretion of the judges.

Article 39The Japan Marine Accident Tribunal must dismiss a petition for commencement of inquiry by an administrative determination in the following cases:

Article 40An administrative determination must be accompanied by a statement of reasons.

Article 41The administrative determination on the merits must clarify the facts of a marine accident and the details of intentional or negligent conduct in which the examinee engaged in the course of their duties, and also state the reason for the finding of facts based on evidence; provided, however, that when it is evident that a marine accident did not occur, it simply needs to declare to that effect.

Article 42The announcement of an administrative determination is made, when it is rendered by the tribunal.

Article 43In addition to what is set forth in this Act, necessary matters for the inquiry procedure are provided for in Order of the Ministry of Land, Infrastructure, Transport and Tourism.

Article 44(1)An action for revocation of the administrative determination is under the exclusive jurisdiction of the Tokyo High Court.

(2)The action referred to in the preceding paragraph must be filed within thirty 30 days from the date on which the administrative determination is rendered.

(3)The period referred to in the preceding paragraph is the unextendable period.

Article 45In the action referred to in paragraph (1) in the preceding Article, the Commissioner of the Japan Marine Accident Tribunal is the defendant.

Article 46(1)The court must revoke the administrative determination if it finds that the action has reasonable grounds.

(2)In the case referred to in the preceding paragraph, the Japan Marine Accident Tribunal must conduct an inquiry further.

(3)The decision made based on the grounds to revoke an administrative determination by a court is binding on the Japan Marine Accident Tribunal with regard to the case.

Article 47An administrative determination is enforced after it becomes final and binding.

Article 48An investigator enforces the administrative determination of the Japan Marine Accident Tribunal.

Article 49When an administrative determination to revoke a license is rendered, an investigator must confiscate the seamen's certificate of competency (including the approval certificate referred to in Article 7, paragraph 1 of the Act on Ships' Officers and Boats' Operators, as applied mutatis mutandis pursuant to the provisions of Article 23, paragraph 7 of that Act following the deemed replacement of terms; the same applies in the following Article and Article 51) or the seaman's certificates of competency, boat operator license or pilot certificate, and forward these licenses or certificates to the Minister of Land, Infrastructure, Transport and Tourism.

Article 50When an administrative determination to suspend business operation is rendered, an investigator must confiscate the seaman's certificate of competency, the boat operator license or the pilot certificate and return these to the holder thereof after the expiration of the suspension period.

Article 51When a person to whom the revocation of license or suspension of business operation is rendered fails to return their seaman's certificate of competency or the boat operator license or pilot certificate, the investigator must pronounce the invalidation of their seaman's certificate of competency or the boat operator license or pilot certificate and give a public notice on the invalidation in the Official Gazette.

Article 52(1)Travel expenses, daily allowances and accommodation charges as provided for in Order of the Ministry of Land, infrastructure, Transport and Tourism are paid to expert witnesses, experts, interpreters, and translators who appear before the tribunal pursuant to the provisions of this Act.

(2)Expert witnesses, interpreters or translators may charge a fee for expert opinion, interpretation or translation fee, as provided for respectively in Cabinet Order.

Article 53The provisions of Chapters II through IV of the Administrative Procedure Act (Act No.88 of 1993) do not apply to dispositions and administrative guidance under this Act.

Article 54An administrative appeal under the Administrative Complaint Review Act (Act No. 160 of 1962) may not be filed with regard to any disposition under this Act.

Article 55In addition to what is set forth in this Act, functions handled by the Japan Marine Accident Tribunal and other matters required for the enforcement of this Act are provided for in Order of the Ministry of land, Infrastructure, Transport and Tourism.

Article 56Any person who falls under any of the following items is punished by a civil fine of not more than three hundred thousand (300,000) yen:

Article 57Any person who has failed to follow an order of the chief administrative judge or one judge that commences an inquiry under the provisions of Article 37, paragraph 2 is punished by a civil fine of not more than one hundred thousand (100,000) yen.