Oil Record Books: Who Carries the Can in the USA?

If a vessel is caught illegally discharging oily bilge water in the USA, huge financial penalties and onerous compliance plans may be imposed on the vessel owners.

Crew members have been imprisoned as a result of these violations. A recent decision in the US courts highlighted that the Master, as the person having charge of the ship, is responsible for correctly maintaining the oil record book.

The Case

In United States of America v Fafalios, 2016, the conviction of a chief engineer for failing to maintain an oil record book – a violation of 33 USC § 1908(a) and 33 CFR 151.25 – was vacated. This meant the verdict was set aside as if the first trial and conviction never happened.

The court of appeal held that the chief engineer could not be prosecuted for failing to maintain an oil record book because under US legislation – 33 CFR 151.25(h) and (j) – this was the responsibility of the “master or other person having charge of the ship”.

Masters Beware

According to maritime lawyers in the United States, this decision will not greatly impact the shipowner. However, the risk of conviction for ships’ Masters has greatly increased, despite the difficulties that are expected in proving that the master ‘knowingly’ maintained a false oil record book.

It is therefore increasingly important that ships’ Masters are aware of what is going on in the machinery spaces with regard to bilge water and waste oil. They should know what they are signing for when they review the oil record book.

This does not mean engineers now have a ‘get out of jail free’ card. It should be noted that the chief engineer did not appeal his conviction of two other charges. He remains convicted of obstruction of justice under 18 USC § 1505 and witness tampering under 18 USC § 1512(b)(3). Engineers should be aware that they could also face conviction for aiding and abetting or conspiring to maintain a false oil record book.