Vessels: registrations, charters and incidents · France / Switzerland
Vessel collision: navigation facts and fault evidence
Collision preparation connects navigation facts, alleged fault and the losses attributed to the event. French rules distinguish single-vessel fault, common fault and uncertain or fortuitous causes. Swiss maritime and qualifying inland collisions refer to different conventions. Preserve dated positions, manoeuvres, signals and conditions before comparing damage records. The file supports a responsibility review; it does not determine fault from a short description.
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- Jurisdiction
- Waters and vessels
- Positions and manoeuvres
- Alleged fault
- Documented losses
- Official texts cited
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What positions and movements can be tied to dated navigation records?
France: align vessel logs, positions and witness observations on a documented time reference. Switzerland: preserve the same actual time and trajectory records, retaining offsets and origin; a later reconstruction must remain identifiable as a reconstruction.
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Which waters and vessels determine the applicable collision framework?
France: identify waters, location, vessels and other objects before choosing the collision framework. Switzerland: distinguish maritime collision under LNM 121 from the qualifying inland branch under LNM 127; a cargo transport claim does not establish the navigation rules.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Collision navigation and damage chronology
Synthetic example: fictional records. Collision navigation and damage chronology.
Synthetic example: fictional records · Collision navigation and damage chronology
- Jurisdiction
- France
- Waters and vessels
- Area Z1, vessels A and B
- Positions and manoeuvres
- Log J1, record P2
- Alleged fault
- Signal or manoeuvre to identify
- Documented losses
- Schedule D1, dated records
The file supports a responsibility review; it does not determine fault from a short description.
What positions and movements can be tied to dated navigation records?
France: align vessel logs, positions and witness observations on a documented time reference. Switzerland: preserve the same actual time and trajectory records, retaining offsets and origin; a later reconstruction must remain identifiable as a reconstruction.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Preparation reference: Collision navigation and damage chronology
| Preparation question | Point to verify |
|---|---|
| Which waters and vessels determine the applicable collision framework? | France: identify waters, location, vessels and other objects before choosing the collision framework. Switzerland: distinguish maritime collision under LNM 121 from the qualifying inland branch under LNM 127; a cargo transport claim does not establish the navigation rules. |
| What positions and movements can be tied to dated navigation records? | France: align vessel logs, positions and witness observations on a documented time reference. Switzerland: preserve the same actual time and trajectory records, retaining offsets and origin; a later reconstruction must remain identifiable as a reconstruction. |
| Which manoeuvre, signal or navigation-rule breach is alleged? | France: state the alleged manoeuvre, signal or omission and the evidence supporting it, separately from the rule invoked. Switzerland: do the same for each actor; an allegation is not an agreed finding of navigation fault. |
| How should weather, visibility, current and pilot involvement be recorded? | France: connect recorded weather, visibility, current and pilot involvement with the event’s time and location. Switzerland: preserve those contemporaneous conditions as well, leaving missing observations unknown instead of substituting average weather or presumed pilot conduct. |
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which manoeuvre, signal or navigation-rule breach is alleged?
France: state the alleged manoeuvre, signal or omission and the evidence supporting it, separately from the rule invoked. Switzerland: do the same for each actor; an allegation is not an agreed finding of navigation fault.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
How should weather, visibility, current and pilot involvement be recorded?
France: connect recorded weather, visibility, current and pilot involvement with the event’s time and location. Switzerland: preserve those contemporaneous conditions as well, leaving missing observations unknown instead of substituting average weather or presumed pilot conduct.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which official provision helps explain this situation?
Collision preparation connects navigation facts, alleged fault and the losses attributed to the event. French rules distinguish single-vessel fault, common fault and uncertain or fortuitous causes. Swiss maritime and qualifying inland collisions refer to different conventions. Preserve dated positions, manoeuvres, signals and conditions before comparing damage records. The file supports a responsibility review; it does not determine fault from a short description.
What distinguishes established fault from an unexplained or fortuitous collision?
France: distinguish established fault from fortuity or an uncertain cause before allocating responsibility. Switzerland: the statutory maritime and inland references require their own framework; this documentary tool does not decide fault or apply an unread treaty rule.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which vessel, cargo and personal losses are linked to the event?
France: separate vessel, cargo, property and personal losses, preserving their causal evidence and differing legal treatment. Switzerland: link each actual loss to the navigation event and supporting records; an estimate alone does not validate causation or the amount claimed.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
What contemporaneous logs, recordings and witnesses should be preserved?
France: preserve accessible logs, original recordings and dated witness accounts before relying on summaries. Switzerland: preserve their provenance and any missing-data requests too; neither country's preparation should silently replace a missing record with a later recollection.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
How are disputed navigation facts separated from an insurer's settlement position?
France: keep each disputed navigation fact separate from an insurer’s offer or reservation. Switzerland: retain the same distinction, including admissions actually made and their wording. A proposed settlement does not replace the evidence needed to analyse collision responsibility.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which preparation steps come first?
Editorial preparation order, not a popularity or success-probability ranking. Prioritise evidence fixing the contemporaneous sequence and trajectories, then signals and conditions, followed by losses linked to the event.
Preserve the contemporaneous sequence and trajectories
Original logs and recordings anchor where each vessel was. Retaining their timestamps and origin comes before a reconstruction based mainly on recollection.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Specify the disputed manoeuvre or signal
A concrete alleged action can be tested against a record or witness. General blame does not provide a comparable navigation fact.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Connect conditions to the relevant place and time
Visibility, weather, current and pilot involvement give context to the trajectories. Conditions from another time or location do not resolve that context.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Compare attributed accounts and remaining contradictions
Keep each account linked to its author. Conflicting observations must remain visible before attempting to attribute or compare navigation faults.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Associate each loss with its factual evidence
Separate property and personal losses and connect them to the event. An insurer’s offer remains a separate document rather than replacing causation evidence.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
What other questions arise in this file?
What positions and movements can be tied to dated navigation records?
France: align vessel logs, positions and witness observations on a documented time reference. Switzerland: preserve the same actual time and trajectory records, retaining offsets and origin; a later reconstruction must remain identifiable as a reconstruction.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
How should weather, visibility, current and pilot involvement be recorded?
France: connect recorded weather, visibility, current and pilot involvement with the event’s time and location. Switzerland: preserve those contemporaneous conditions as well, leaving missing observations unknown instead of substituting average weather or presumed pilot conduct.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which vessel, cargo and personal losses are linked to the event?
France: separate vessel, cargo, property and personal losses, preserving their causal evidence and differing legal treatment. Switzerland: link each actual loss to the navigation event and supporting records; an estimate alone does not validate causation or the amount claimed.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
How are disputed navigation facts separated from an insurer's settlement position?
France: keep each disputed navigation fact separate from an insurer’s offer or reservation. Switzerland: retain the same distinction, including admissions actually made and their wording. A proposed settlement does not replace the evidence needed to analyse collision responsibility.
Code des transports, livre Ier : L5131-3, L5131-4Navigation maritime : texte fédéral suisse
Which official references should you consult?
- Code des transports, livre Ier : L5131-3, L5131-4www.legifrance.gouv.fr
- Navigation maritime : texte fédéral suissewww.fedlex.admin.ch
Texts cited last checked: 3 November 2026