SOLAS – General Provisions
General Provisions
These regulations in general apply only to ships engaged on international voyages.
International voyage means a voyage from a SOLAS compliant country to a port outside such country, or conversely.
A passenger is every person other than:
The master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and a child less than one year of age.
A passenger ship is a ship, which carries more than twelve passengers.
A cargo ship is any ship, which is not a passenger ship.
A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.
The present regulations, do not apply to:
(i) Ships of war and troopships.
(ii) Cargo ships of less than 500 gross tonnage.
(iii) Ships not propelled by mechanical means.
(iv) Wooden ships of primitive build.
(v) Pleasure yachts not engaged in trade.
(vi) Fishing vessels.
Inspection and survey
The inspection and survey of ships, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.
An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys shall as a minimum empower any nominated surveyor or recognized organization to:
(i) require repairs to a ship;
(ii) carry out inspections and surveys if requested by the appropriate authorities of a port State.
When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.
Surveys of passenger ships
A passenger ship shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey once every 12 months, except under certain conditions;
(iii) additional surveys, as occasion arises.
The surveys referred to above shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the ship’s structure, machinery and equipment (includes Nautical publications), including the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure all the above fully comply with the requirements of SOLAS. The survey shall check that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;
(ii) the renewal survey shall include all above as for the initial survey.
(iii) an additional survey either general or partial, according to the circumstances, shall be made after a repair, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made,
Surveys of life-saving appliances and other equipment of cargo ships
The life-saving appliances and other equipment of cargo ships of 500 gross tonnage shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years, except under certain conditions;
(iii) a periodical survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Equipment Certificate which shall take the place of one of the annual surveys as specified;
(iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Equipment Certificate;
(v) an additional survey as prescribed for passenger ships.
The surveys shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the fire safety systems and appliances, life-saving appliances and arrangements except radio installations, the shipborne navigational equipment, means of embarkation for pilots and other equipment to ensure that they comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the ship is intended. The fire control plans, nautical publications, lights, shapes, means of making sound signals and distress signals shall also be subject to the abovementioned survey for the purpose of ensuring that they comply with the requirements of the present regulations and, where applicable, the International Regulations for Preventing Collisions at Sea (ii) the renewal and periodical surveys shall include an inspection of the equipment above (b)(i) to ensure that it complies with the relevant requirements of the present regulations and the International Regulations for Preventing Collisions at Sea in force, (iii) the annual survey shall include a general inspection of the equipment to ensure that it has been maintained and that it remains satisfactory for the service for which the ship is intended.
The periodical and annual surveys shall be endorsed on the Cargo Ship Safety Equipment Certificate.
Surveys of radio installations of cargo ships
The radio installations, including those used in life-saving appliances, of cargo ships shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey at intervals specified by the Administration but not exceeding five years;
(iii) a periodical survey within three months before or after each anniversary date of the Cargo Ship Safety Radio Certificate;
(iv) an additional survey as prescribed for passenger ships.
The surveys shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the radio installations of cargo ships, including those used in life-saving appliances;
(ii) the renewal and periodical surveys shall include an inspection of the radio installations of cargo ships, including those used in lifesaving appliances.
The periodical surveys shall be endorsed on the Cargo Ship Safety Radio Certificate.
Surveys of structure, machinery and equipment of cargo ships
The structure, machinery and equipment (other than items in respect of which a Cargo Ship Safety Equipment Certificate and a Cargo Ship Safety Radio Certificate are issued) of a cargo ship shall be subject to the surveys and inspections specified below:
(i) an initial survey including an inspection of the outside of the ship’s bottom before the ship is put in service; (ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years;
(iii) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Construction Certificate, which shall take the place of one of the annual surveys (iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Construction Certificate;
(v) a minimum of two inspections of the outside of the ship’s bottom during any five year period. This five year period may be extended to coincide with the extended period of validity of the certificate. In all cases the interval between any two such inspections shall not exceed 36 months;
(vi) an additional survey as prescribed for passenger ships.
The surveys and inspections shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the structure, machinery and equipment. This survey shall be such as to ensure that the arrangements, materials, scantlings and workmanship of the structure, boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and associated control systems, electrical installation and other equipment comply with the requirements of the present regulations, and that the required stability information is provided. In the case of tankers such a survey shall also include an inspection of the pump-rooms, cargo, bunker and ventilation piping systems and associated safety devices;
(ii) the renewal survey shall include an inspection of the structure, machinery and equipment as referred to in above to ensure that they comply with the requirements of the present regulations (iii) the intermediate survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, the steering gear and the associated control systems and electrical installations to ensure that they remain satisfactory for the service for which the ship is intended. In the case of tankers, the survey shall also include an inspection of the pumprooms, cargo, bunker and ventilation piping systems and associated safety devices and the testing of insulation resistance of electrical installations in dangerous zones;
(iv) the annual survey shall include a general inspection of the structure, machinery and equipment referred to in paragraph (b)(i), to ensure that they have been maintained in accordance with regulation 11(a) and that they remain satisfactory for the service for which the ship is intended;
(v) the inspection of the outside of the ship’s bottom and the survey of related items inspected at the same time shall be such as to ensure that they remain satisfactory for the service for which the ship is intended..
The intermediate and annual surveys and the inspections of the outside of the ship’s bottom shall be endorsed on the Cargo Ship Safety Construction Certificate.
Maintenance of conditions after survey
The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board.
After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the Administration.
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, is necessary. If the ship is in a port of another Contracting Government, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such a report has been made.
Issue or endorsement of certificates
A certificate called a Passenger Ship Safety Certificate shall be issued after an initial or renewal survey to a passenger ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Construction Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1 and II-2 (other than those relating to fire safety systems and appliances and fire control plans) and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Equipment Certificate{ shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III and V and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Radio Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapter IV and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Certificate may be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations, as an alternative to the certificates referred to in above
Whenever in this chapter reference is made to a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate or Cargo Ship Safety Radio Certificate, it shall apply to a Cargo Ship Safety Certificate, if it is used as an alternative to these certificates.
The Passenger Ship Safety Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio Certificate and the Cargo Ship Safety Certificate, shall be supplemented by a Record of Equipment;
When an exemption is granted to a ship under and in accordance with the provisions of the present regulations, a certificate called an Exemption Certificate shall be issued in addition to the certificates prescribed in this paragraph;
The certificates referred to in this regulation shall be issued or endorsed either by the Administration or by any person or organization authorized by it. In every case, that Administration assumes full responsibility for the certificates.
A Contracting Government shall not issue certificates under, and in accordance with, the provisions of the International Convention for the Safety of Life at Sea, 1974, 1960, 1948 or 1929, after the date on which acceptance of the present Convention by the Government takes effect.
Issue or endorsement of certificates by another Government
A Contracting Government may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the requirements of the present regulations are complied with, shall issue or authorize the issue of certificates to the ship and, where appropriate, endorse or authorize the endorsement of certificates on the ship in accordance with the present regulations. Any certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State the flag of which the ship is entitled to fly, and it shall have the same force and receive the same recognition as a certificate issued under regulation 12.
Duration and validity of certificates
A Passenger Ship Safety Certificate shall be issued for a period not exceeding 12 months. A Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate and Cargo Ship Safety Radio Certificate shall be issued for a period specified by the Administration which shall not exceed five years. An Exemption Certificate shall not be valid for longer than the period of the certificate to which it refers.
Notwithstanding above, when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;
(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;
When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;
(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;
When the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;
(2) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.
If a certificate other than a Passenger Ship Safety Certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (a), provided that the surveys when a certificate is issued for a period of 5 years are carried out as appropriate.
If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.
If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;
(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;
(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate. In these special circumstances, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;
(ii) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.
If an annual, intermediate or periodical survey is completed before the period specified in the relevant regulations then:
(i) the anniversary date shown on the relevant certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;
(ii) the subsequent annual, intermediate or periodical survey required by the relevant regulations shall be completed at the intervals prescribed by these regulations using the new anniversary date;
(iii) the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by the relevant regulations are not exceeded.
A certificate issued under regulation 12 or 13 shall cease to be valid in any of the following cases:
(i) if the relevant surveys and inspections are not completed within the periods specified under regulations
(ii) if the certificate is not endorsed in accordance with the present regulations;
(iii) upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 11(a) and (b). In the case of a transfer between Contracting Governments, if requested within three months after the transfer has taken place, the Government of the State whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificates carried by the ship before a transfer and, if available, copies of the relevant survey reports.
Manning
The Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently and efficiently manned.
Every ship to which chapter I of this Convention applies shall be provided with an appropriate safe manning document or equivalent issued by the Administration as evidence of the minimum safe manning considered necessary to comply with the provisions of above paragraph.
With respect to ships entitled to fly the flag of a State which is not a Party to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.
SOLAS – LSA
Certificated person is a person who holds a certificate of proficiency in survival craft issued under the authority of, or recognized as valid by, the Administration in accordance with the requirements of the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, in force; or a person who holds a certificate issued or recognized by the Administration of a State not a Party to that Convention for the same purpose as the convention certificate.
Float-free launching is that method of launching a survival craft whereby the craft is automatically released from a sinking ship and is ready for use.
Free-fall launching is that method of launching a survival craft whereby the craft with its complement of persons and equipment on board is released and allowed to fall into the sea without any restraining apparatus.
Inflatable appliance is an appliance which depends upon non-rigid, gasfilled chambers for buoyancy and which is normally kept uninflated until ready for use.
Inflated appliance is an appliance which depends upon non-rigid, gasfilled chambers for buoyancy and which is kept inflated and ready for use at all times.
Launching appliance or arrangement is a means of transferring a survival craft or rescue boat from its stowed position safely to the water.
Rescue boat is a boat designed to rescue persons in distress and to marshal survival craft.
Survival craft is a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.
Life-saving appliances and arrangements required by this chapter shall be approved by the Administration. Before accepting life-saving appliances and arrangements that have not been previously approved by the Administration, the Administration shall be satisfied that life-saving appliances and arrangements comply with the requirements of this chapter and the Code.
Life-saving appliances required for which detailed specifications are not included in the Code shall be to the satisfaction of the Administration.
Muster list and emergency instructions
1 This regulation applies to all ships.
2 Clear instructions to be followed in the event of an emergency shall be provided for every person on board. In the case of passenger ships these instructions shall be drawn up in the language or languages required by the ship’s flag State and in the English language.
3 Muster lists and emergency instructions shall be exhibited in conspicuous places throughout the ship including the navigation bridge, engine-room and crew accommodation spaces.
4 Illustrations and instructions in appropriate languages shall be posted in passenger cabins and be conspicuously displayed at muster stations and other passenger spaces to inform passengers of:
.1 their muster station;
.2 the essential actions they must take in an emergency; and .3 the method of donning lifejackets.
Operating instructions
1 This regulation applies to all ships.
2 Posters or signs shall be provided on or in the vicinity of survival craft and their launching controls and shall:
.1 illustrate the purpose of controls and the procedures for operating the appliance and give relevant instructions or warnings;
.2 be easily seen under emergency lighting conditions; and
.3 use symbols in accordance with the recommendations of the Organization.
Survival craft muster and embarkation arrangements
1 Lifeboats and liferafts for which approved launching appliances are required shall be stowed as close to accommodation and service spaces as possible.
2 Muster stations shall be provided close to the embarkation stations. Each muster station shall have sufficient clear deck space to accommodate all persons assigned to muster at that station, but at least 0.35 m2 per person.
3 Muster and embarkation stations shall be readily accessible from accommodation and work areas.
4 Muster and embarkation stations shall be adequately illuminated by lighting supplied from the emergency source of electrical power.
5 Alleyways, stairways and exits giving access to the muster and embarkation stations shall be lighted. Such lighting shall be capable of being supplied by the emergency source of electrical power. In addition to and as part of the markings, routes to muster stations shall be indicated with the muster station symbol, intended for that purpose, in accordance with the recommendations of the Organization.
6 Davit-launched and free-fall launched survival craft muster and embarkation stations shall be so arranged as to enable stretcher cases to be placed in survival craft.
7 An embarkation ladder extending, in a single length, from the deck to the waterline in the lightest seagoing condition under unfavourable conditions of trim of up to 10 and a list of up to 20 either way shall be provided at each embarkation station or at every two adjacent embarkation stations for survival craft launched down the side of the ship. However, the Administration may permit such ladders to be replaced by approved devices to afford access to the survival craft when waterborne, provided that there shall be at least one embarkation ladder on each side of the ship. Other means of embarkation enabling descent to the water in a controlled manner may be permitted for the liferafts.
8 Where necessary, means shall be provided for bringing the davit launched survival craft against the ship’s side and holding them alongside so that persons can be safely embarked.
Emergency training and drills
1 This regulation applies to all ships.
2 Familiarity with safety installations and practice musters
Every crewmember with assigned emergency duties shall be familiar with these duties before the voyage begins.
On a ship engaged on a voyage where passengers are scheduled to be on board for more than 24 h, musters of the passengers shall take place within 24 h after their embarkation. Passengers shall be instructed in the use of the lifejackets and the action to take in an emergency.
Whenever new passengers embark, a passenger safety briefing shall be given immediately before sailing, or immediately after sailing. The briefing shall include the instructions as stated in SOLAS, and shall be made by means of an announcement, in one or more languages likely to be understood by the passengers. The announcement shall be made on the ship’s public address system, or by other equivalent means likely to be heard at least by the passengers who have not yet heard it during the voyage. The briefing may be included in the muster, if the muster is held immediately upon departure. Information cards or posters or video programme displayed on ships video displays may be used to supplement the briefing, but may not be used to replace the announcement.
Drills
Drills shall, as far as practicable, be conducted as if there were an actual emergency.
Every crew member shall participate in at least one abandon ship drill and one fire drill every month. The drills of the crew shall take place within 24 h of the ship leaving a port if more than 25% of the crew have not participated in abandon ship and fire drills on board that particular ship in the previous month. When a ship enters service for the first time, after modification of a major character or when a new crew is engaged, these drills shall be held before sailing. The Administration may accept other arrangements that are at least equivalent for those classes of ships for which this is impracticable.
Abandon ship drill
Each abandon ship drill shall include:
.1 summoning of passengers and crew to muster stations with the alarm followed by drill announcement on the public address or other communication system and ensuring that they are made aware of the order to abandon ship;
.2 reporting to stations and preparing for the duties described in the muster list;
.3 checking that passengers and crew are suitably dressed;
.4 checking that lifejackets are correctly donned;
.5 lowering of at least one lifeboat after any necessary preparation for launching;
.6 starting and operating the lifeboat engine;
.7 operation of davits used for launching liferafts;
.8 a mock search and rescue of passengers trapped in their staterooms; and
.9 instruction in the use of radio life-saving appliances.
Different lifeboats shall, as far as practicable, be lowered at successive drills.
Except as provided, each lifeboat shall be launched with its assigned operating crew aboard and manoeuvred in the water at least once every three months during an abandon ship drill.
Lowering into the water, rather than launching of a lifeboat arranged for free-fall launching, is acceptable where free-fall launching is impracticable provided the lifeboat is free-fall launched with its assigned operating crew aboard and manoeuvred in the water at least once every six months. However, in cases where it is impracticable, the Administration may extend this period to 12 months provided that arrangements are made for simulated launching which will take place at intervals of not more than six months.
The Administration may allow ships operating on short international voyages not to launch the lifeboats on one side if their berthing arrangements in port and their trading patterns do not permit launching of lifeboats on that side. However, all such lifeboats shall be lowered at least once every three months and launched at least annually.
As far as is reasonable and practicable, rescue boats other than lifeboats which are also rescue boats, shall be launched each month with their assigned crew aboard and manoeuvred in the water. In all cases this requirement shall be complied with at least once every three months.
If lifeboat and rescue boat launching drills are carried out with the ship making headway, such drills shall, because of the dangers involved, be practiced in sheltered waters only and under the supervision of an officer experienced in such drills.
If a ship is fitted with marine evacuation systems, drills shall include exercising of the procedures required for the deployment of such a system up to the point immediately preceding actual deployment of the system. This aspect of drills should be augmented by regular instruction using the on-board training aids.
Additionally every system party member shall, as far as practicable, be further trained by participation in a full deployment of a similar system into water, either on board a ship or ashore, at intervals of not longer than two years, but in no case longer than three years. This training can be associated with the deployments.
Emergency lighting for mustering and abandonment shall be tested at each abandon ship drill.
Training manual and on-board training aids
1 This regulation applies to all ships.
2 A training manual shall be provided in each crew mess room and recreation room or in each crew cabin.
3 The training manual, which may comprise several volumes, shall contain instructions and information, in easily understood terms illustrated wherever possible, on the life-saving appliances provided in the ship and on the best methods of survival. Any part of such information may be provided in the form of audio-visual aids in lieu of the manual. The following shall be explained in detail:
.1 donning of lifejackets, immersion suits and anti-exposure suits, as appropriate;
.2 muster at the assigned stations;
.3 boarding, launching, and clearing the survival craft and rescue boats, including, where applicable, use of marine evacuation systems;
.4 method of launching from within the survival craft;
.5 release from launching appliances;
.6 methods and use of devices for protection in launching areas, where appropriate;
.7 illumination in launching areas;
.8 use of all survival equipment;
.9 use of all detection equipment;
.10 with the assistance of illustrations, the use of radio life-saving appliances;
.11 use of drogues;
.12 use of engine and accessories;
.13 recovery of survival craft and rescue boats including stowage and securing;
.14 hazards of exposure and the need for warm clothing;
.15 best use of the survival craft facilities in order to survive;
.16 methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), breeches-buoy and shore life-saving apparatus and ship’s line-throwing apparatus;
.17 all other functions contained in the muster list and emergency instructions; and
.18 instructions for emergency repair of the life-saving appliances.
4 Every ship fitted with a marine evacuation system shall be provided with on-board training aids in the use of the system.
On-board training and instructions
On-board training in the use of the ship’s life-saving appliances, including survival craft equipment, and in the use of the ship’s fire extinguishing appliances shall be given as soon as possible but not later than two weeks after a crew member joins the ship. However, if the crew member is on a regularly scheduled rotating assignment to the ship, such training shall be given not later than two weeks after the time of first joining the ship. Instructions in the use of the ship’s fire-extinguishing appliances, life-saving appliances, and in survival at sea shall be given at the same interval as the drills. Individual instruction may cover different parts of the ship’s life-saving and fire-extinguishing appliances, but all the ship’s life-saving and fire-extinguishing appliances shall be covered within any period of two months.
Every crew member shall be given instructions which shall include:
i. operation and use of the ship’s inflatable liferafts;
ii. problems of hypothermia, first-aid treatment for hypothermia and other appropriate first-aid procedures;
iii. special instructions necessary for use of the ship’s life-saving appliances in severe weather and severe sea conditions; and operation and use of fire-extinguishing appliances.
On-board training in the use of davit-launched liferafts shall take place at intervals of not more than four months on every ship fitted with such appliances. Whenever practicable this shall include the inflation and lowering of a liferaft. This liferaft may be a special liferaft intended for training purposes only, which is not part of the ship’s life-saving equipment; such a special liferaft shall be conspicuously marked.
Records
The date when musters are held, details of abandon ship drills and fire drills, drills of other life-saving appliances and on board training shall be recorded in such log-book as may be prescribed by the Administration. If a full muster, drill or training session is not held at the appointed time, an entry shall be made in the log-book stating the circumstances and the extent of the muster, drill or training session held.
Operational readiness, maintenance and inspections
This regulation applies to all ships.
Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use.
Maintenance
Instructions for on-board maintenance of life-saving appliances complying shall be provided and maintenance shall be carried out accordingly.
The Administration may accept, in lieu of the instructions, a shipboard planned maintenance programme.
Maintenance of falls
Falls used in launching shall be turned end for end at intervals of not more than 30 months and be renewed when necessary due to deterioration of the falls or at intervals of not more than five years, whichever is the earlier.
The Administration may accept in lieu of the “end for ending”, periodic inspection of the falls and their renewal whenever necessary due to deterioration or at intervals of not more than four years, whichever one is earlier.
Spares and repair equipment shall be provided for life-saving appliances and their components, which are subject to excessive wear or consumption and need to be replaced regularly.
Weekly inspection
The following tests and inspections shall be carried out weekly:
All survival craft, rescue boats and launching appliances shall be visually inspected to ensure that they are ready for use;
All engines in lifeboats and rescue boats shall be run for a total period of not less than 3 min provided the ambient temperature is above the minimum temperature required for starting and running the engine. During this period of time, it should be demonstrated that the gear box and gear box train are engaging satisfactorily. If the special characteristics of an outboard motor fitted to a rescue boat would not allow it to be run other than with its propeller submerged for a period of 3 min, it should be run for such period as prescribed in the manufacturer’s handbook.
The general emergency alarm system shall be tested.
Monthly inspections
Inspection of the life-saving appliances, including lifeboat equipment, shall be carried out monthly using the checklist to ensure that they are complete and in good order. A report of the inspection shall be entered in the log-book.
Every inflatable liferaft, inflatable lifejacket, and marine evacuation system shall be serviced:
At intervals not exceeding 12 months, provided where in any case this is impracticable, the Administration may extend this period to 17 months; and at an approved servicing station
Passenger Ships
Muster stations
Every passenger ship shall, have passenger muster stations which shall:
i. be in the vicinity of, and permit ready access for the passengers to, the embarkation stations unless in the same location; and
ii. have ample room for marshalling and instruction of the passengers, but at least 0.35 m2 per passenger.
Drills
On passenger ships, an abandon ship drill and fire drill shall take place weekly. The entire crew need not be involved in every drill, but each crew member must participate in an abandon ship drill and a fire drill each month . Passengers shall be strongly encouraged to attend these drills.
SOLAS - Fire Protection, Fire Detection and Fire Extinction
Basic principles
The purpose of this chapter is to require the fullest practicable degree of fire protection, fire detection and fire extinction in ships.
The following basic principles underlie the regulations in this chapter and are embodied in the regulations as appropriate, having regard to the type of ships and the potential fire hazard involved:
.1 division of ship into main vertical zones by thermal and structural boundaries;
.2 separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries;
.3 restricted use of combustible materials;
.4 detection of any fire in the zone of origin;
.5 containment and extinction of any fire in the space of origin;
.6 protection of means of escape or access for fire fighting;
.7 ready availability of fire-extinguishing appliances;
.8 minimization of possibility of ignition of flammable cargo vapour.
Definitions
For the purpose of this chapter, unless expressly provided otherwise:
Non-combustible material is a material, which neither burns nor gives off flammable vapours in sufficient quantity for self-ignition when heated to approximately 750˚C, this being determined in accordance with the Fire Test Procedures Code. Any other material is a combustible material.
A standard fire test is one in which the specimens of the relevant bulkheads and decks are exposed in a test furnace to temperatures corresponding approximately to the standard time-temperature curve. The test methods shall be in accordance with the Fire Test Procedures Code.
“A” class divisions are those divisions formed by bulkheads and decks which comply with the following:
.1 they shall be constructed of steel or other equivalent material;
.2 they shall be suitably stiffened;
.3 they shall be so constructed as to be capable of preventing the passage of smoke and flame to the end of the one-hour standard fire test;
.4 they shall be insulated with approved non-combustible materials such that the average temperature of the unexposed side will not rise more than 140˚C above the original temperature, nor will the temperature, at any one point, including any joint, rise more than 180˚C above the original temperature, within the time listed below:
i. class “A-60” 60 min
ii. class “A-30” 30 min
iii. class “A-15” 15 min
iv. class “A-0” 0 min
“B” class divisions are those divisions formed by bulkheads, decks, ceiling or linings which comply with the following:
.1 they shall be so constructed as to be capable of preventing the passage of flame to the end of the first half hour of the standard fire test;
.2 they shall have an insulation value such that the average temperature of the unexposed side will not rise more than 140˚C above the original temperature, nor will the temperature at any one point, including any joint, rise more than 225˚C above the original temperature, within the time listed below:
i. class “B-15” 15 min
ii. class “B-0” 0 min
.3 they shall be constructed of approved non-combustible materials and all materials entering into the construction and erection of “B” class divisions shall be non-combustible, with the exception that combustible veneers may be permitted provided they meet other requirements of this chapter;
Main vertical zones are those sections into which the hull, superstructure, and deckhouses are divided by “A” class divisions, the mean length of which on any deck does not in general exceed 40 m.
Accommodation spaces are those spaces used for public spaces, corridors, lavatories, cabins, offices, hospitals, cinemas, games and hobbies rooms, barber shops, pantries containing no cooking appliances and similar spaces.
Public spaces are those portions of the accommodation which are used for halls, dining rooms, lounges and similar permanently enclosed spaces.
Service spaces are those spaces used for galleys, pantries containing cooking appliances, lockers, mail and specie rooms, store-rooms, workshops other than those forming part of the machinery spaces, and similar spaces and trunks to such spaces.
Cargo spaces are all spaces used for cargo (including cargo oil tanks) and trunks to such spaces.
Ro-ro cargo spaces are spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which goods (packaged or in bulk, in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles) can be loaded and unloaded normally in a horizontal direction.
Open ro-ro cargo spaces are ro-ro cargo spaces either open at both ends, or open at one end and provided with adequate natural ventilation effective over their entire length through permanent openings in the side plating or deckhead to the satisfaction of the Administration.
Closed ro-ro cargo spaces are ro-ro cargo spaces which are neither open ro-ro cargo spaces nor weather decks.
Weather deck is a deck which is completely exposed to the weather from above and from at least two sides.
Special category spaces are those enclosed spaces above or below the bulkhead deck intended for the carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which passengers have access.
Machinery spaces of category A are those spaces and trunks to such spaces, which contain:
.1 internal combustion machinery used for main propulsion; or
.2 internal combustion machinery used for purposes other than main propulsion where such machinery has in the aggregate a total power output of not less than 375 kW; or
.3 any oil-fired boiler or oil fuel unit.
Machinery spaces are all machinery spaces of category A and all other spaces containing propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and similar spaces, and trunks to such spaces. Oil fuel unit is the equipment used for the preparation of oil fuel for delivery to an oil-fired boiler, or equipment used for the preparation for delivery of heated oil to an internal combustion engine, and includes any oil pressure pumps, filters and heaters dealing with oil at a pressure of more than 0.18 N/mm2.
Control stations are those spaces in which the ship’s radio or main navigating equipment or the emergency source of power is located or where the fire recording or fire control equipment is centralized.
Central control station is a control station in which the following control and indicator functions are centralized:
.1 fixed fire detection and alarm systems;
.2 automatic sprinklers, fire detection and alarm systems;
.3 fire door indicator panels;
.4 fire door closures;
.5 watertight door indicator panels;
.6 watertight door closures;
.7 ventilation fans;
.8 general/fire alarms;
.9 communication systems including telephones; and .10 microphones to public address systems.
Continuously manned central control station is a central control station which is continuously manned by a responsible member of the crew.
Fire control plans and fire drills
(This regulation applies to all ships)
In all ships general arrangement plans shall be permanently exhibited for the guidance of the ship’s officers, showing clearly for each deck the control stations, the various fire sections enclosed by “A” class divisions, the sections enclosed by “B” class divisions together with particulars of the fire detection and fire alarm systems, the sprinkler installation, the fire extinguishing appliances, means of access to different compartments, decks, etc. and the ventilating system including particulars of the fan control positions, the position of dampers and identification numbers of the ventilating fans serving each section. Alternatively, at the discretion of the Administration, the aforementioned details may be set out in a booklet, a copy of which shall be supplied to each officer, and one copy shall at all times be available on board in an accessible position. Plans and booklets shall be kept up to date, any alterations being recorded thereon as soon as practicable. Description in such plans and booklets shall be in the official language of the flag State. If the language is neither English nor French, a translation into one of those languages shall be included. In addition, instructions concerning the maintenance and operation of all the equipment and installations on board for the fighting and containment of fire shall be kept under one cover, readily available in an accessible position.
In all ships a duplicate set of fire control plans or a booklet containing such plans shall be permanently stored in a prominently marked Weathertight enclosure outside the deckhouse for the assistance of shore side firefighting personnel.
Fire drills shall be conducted in accordance with the provisions of SOLAS.
In ships carrying more than 36 passengers, plans and booklets required by this regulation shall provide information regarding fire protection, fire detection and fire extinction based on the guidelines issued by the Organization.
Ready availability of fire-extinguishing appliances
(This regulation applies to all ships)
Fire-extinguishing appliances shall be kept in good order and be available for immediate use at all times.
States that fire hoses should be used only for the purposes of extinguishing fires or testing the apparatus at fire drills and surveys
States that instructions concerning the maintenance and operation of all firefighting equipment and installations on board should be kept under one cover in an accessible position
Fire patrols, detection, alarms and public address systems
(Paragraph 2 of this regulation applies to ships constructed on or after 1 February 1992; paragraph 7 of this regulation applies to ships constructed on or after 1 January 1994)
1 Manually operated call points complying with the requirements of regulation 13 shall be installed.
2 A fixed fire detection and fire alarm system complying with the requirements of regulation 13 or a sample extraction smoke detection system complying with the requirements of regulation 13-1 shall be provided in any cargo space which, in the opinion of the Administration, is not accessible, except where it is shown to the satisfaction of the Administration that the ship is engaged on voyages of such short duration that it would be unreasonable to apply this requirement.
3 All ships shall at all times when at sea, or in port (except when out of service), be so manned or equipped as to ensure that any initial fire alarm is immediately received by a responsible member of the crew.
4 A special alarm, operated from the navigation bridge or fire control station, shall be fitted to summon the crew. This alarm may be part of the ship’s general alarm system but it shall be capable of being sounded independently of the alarm to the passenger spaces.
5 A public address system or other effective means of communication shall be available throughout the accommodation and service spaces and control stations and open decks.
6 For ships carrying more than 36 passengers an efficient patrol system shall be maintained so that an outbreak of fire may be promptly detected. Each member of the fire patrol shall be trained to be familiar with the arrangements of the ship as well as the location and operation of any equipment he may be called upon to use. Each member of the fire patrol shall be provided with a two-way portable radiotelephone apparatus.
7 Where public spaces span three or more open decks and contain combustibles such as furniture and enclosed spaces such as shops, offices and restaurants, the entire main vertical zone containing the space shall be protected throughout with a smoke detection system complying with regulation 13, with the exception of paragraph 1.9.
7.1 Passenger ships carrying more than 36 passengers shall have the detection alarms for the systems centralized in a continuously manned central control station. In addition, controls for remote closing of the fire doors and shutting down the ventilation fans shall be centralized in the same location. The ventilation fans shall be capable of reactivation by the crew at the continuously manned control station. The control panels in the central control station shall be capable of indicating open or closed positions of fire doors and closed or off status of the detectors, alarms and fans. The control panel shall be continuously powered and should have an automatic change-over to standby power supply in case of loss of normal power supply. The control panel shall be powered from the main source of electrical power and the emergency source of electrical power unless other arrangements are permitted by the regulations, as applicable.
Special requirements for ships carrying dangerous goods
(Paragraph 2.3 of this regulation applies to ships constructed on or after 1 February 1992)
1 General
1.1 In addition to complying with the requirements for cargo ships and with the requirements for passenger ships as appropriate, ship types and cargo spaces, referred to in paragraph 1.2, intended for the carriage of dangerous goods shall comply with the requirements of this regulation, as appropriate, except when carrying dangerous goods in limited quantities{ unless such requirements have already been met by compliance with the requirements elsewhere in this chapter. The types of ships and modes of carriage of dangerous goods are referred to in paragraph 1.2 , where the numbers appearing in paragraph 1.2 are referred to in the top line. Cargo ships of less than 500 gross tonnage constructed on or after 1 February 1992 shall comply with this regulation, but Administrations may reduce the requirements and such reduced requirements shall be recorded in the document of compliance referred to in paragraph 3.
1.2 The following ship types and cargo spaces shall govern the application of tables 54.1 and 54.2 (see SOLAS):
.1 Ships and cargo spaces not specifically designed for the carriage of freight containers but intended for the carriage of dangerous goods in packaged form including goods in freight containers and portable tanks.
.2 Purpose-built container ships and cargo spaces intended for the carriage of dangerous goods in freight containers and portable tanks.
.3 Ro-ro ships and ro-ro cargo spaces intended for the carriage of dangerous goods.
.4 Ships and cargo spaces intended for the carriage of solid dangerous goods in bulk.
.5 Ships and cargo spaces intended for carriage of dangerous goods other than liquids and gases in bulk in Shipborne barges.
2 Special requirements
Unless otherwise specified the following requirements shall govern the application of tables 54.1, 54.2 and 54.3 to both “on-deck” and “underdeck” stowage of dangerous goods where the numbers of the following paragraphs are indicated in the first column.
3 Document of compliance
The Administration shall provide the ship with an appropriate document as evidence of compliance of construction and equipment with the requirements of this regulation.
SOLAS – GMDSS
Chapter IV Radio communications
Regulation 1
This chapter applies to all ships to which the present regulations apply and to cargo ships of 300 gross tonnage and upwards.
Regulation 2
Bridge -to-bridge communications means safety communications between ships from the position from which the ships a normally navigated.
Continuous watch means that the radio watch concerned not be interrupted other than for brief intervals when the s receiving capability is impaired or blocked by its communications or when the facilities are under periodical maintenance or checks.
Digital selective calling (DSC) means a technique using, digital codes which enables a radio station to establish contact with, transfer information to, another station or group of stations, and complying with the relevant recommendations of the ITU Radio communication Sector ITU-R
Direct-printing telegraphy means automated telegraphy techniques which comply with the relevant recommendations of ITU Radio communication Sector ITU-R.
General radio communications means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio.
INMARSAT means the Organization established by the Convention on the International Mobile Satellite Organization.
International NAVTEX service means the coordinated broadcast and automatic reception on 518 kHz of maritime safety information by means of narrow-band direct-printing telegraphy using the English languages
Locating means the finding of ships, aircraft, units or persons in distress.
Maritime safety information means navigational and meteorological warnings, meteorological forecasts and other urgent safety related messages broadcast to ships.
Polar orbiting satellite service means a service which is based on polar orbiting satellites which receive and relay distress alerts from satellite EPIRBs and which provides their position.
Radio Regulations means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which is in force at any time.
Sea area A1 means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available, as may be defined by a Contracting Government.’
Sea area A2 means an area, excluding sea area Al, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined by a Contracting Government.
Sea area A3 means an area, excluding sea areas Al and A2, within the coverage of an INMARSAT geo-stationary satellite in which continuous alerting is available.
Sea area A4 means an area outside sea areas Al, A2 and A3.
Regulation 4
Every ship, while at sea, shall be capable:
transmitting ship-to-shore distress alerts by at least two and independent means, each using a different radiolocation service;
of receiving shore-to-ship distress alerts;
of transmitting and receiving ship-to-ship distress alerts;
of transmitting and receiving search and rescue coordinating communications;
of transmitting and receiving on-scene communications;
of transmitting and receiving signals for locating;
of transmitting and receiving maritime safety information;
of transmitting and receiving general radiocommunication to and from shore-based radio systems or networks; and
of transmitting and receiving Bridge-to-Bridge communications.
Regulation 5
Provision of radio communication services
These services are:
a radio communication service utilizing geo-stationary satellites in the Maritime Mobile-Satellite Service;
a radio communication service utilizing polar orbiting satellites in the mobile-satellite service;
the maritime mobile service in the bands between 156 MHz and 174 MHz;
the maritime mobile service in the bands between 4,000 kHz and 27,500 kHz; and
the maritime mobile service in the bands between 415 kHz and 535 kHz (NAVTEX system as a component of the World Wide Navigational Warning Service) and between 1,605 kHz and 4,000 kHz.
Part C
Ship requirements
Regulation 6
Radio installations
Every ship shall be provided with radio installations capable of complying with the functional requirements prescribed by SOLAS throughout its intended voyage and, unless exempted for the sea area or areas through which it will pass during its intended voyage.
Every radio installation shall:
be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and so as to ensure electromagnetic compatibility and avoidance of harmful interaction with other equipment and systems;
be so located as to ensure the greatest possible degree of safety and operational availability;
be protected against harmful effects of water, extremes of temperature and other adverse environmental conditions;
be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and
be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation.
Control of the VHF radiotelephone channels, required for navigational safety, shall be immediately available on the navigation bridge convenient to the conning position and, where necessary, facilities should be available to permit radio communication from the wings of the navigation bridge.
Portable VHF equipment may be used to meet the latter provision.
In passenger ships, a distress panel shall be installed at the conning position. This panel shall contain either one single button which, when pressed, initiates a distress alert using all radio communication installations required on board for that purpose or one button for each individual installation.
The panel shall clearly and visually indicate whenever any button or buttons have been pressed.
Means shall be provided to prevent inadvertent activation of the button or buttons.
If the satellite EPIRB is used as the secondary means of distress alerting and is not remotely activated, it shall be acceptable to have an additional EPIRB installed in the wheelhouse near the conning position.
In passenger ships, information on the ship’s position shall be continuously and automatically provided to all relevant radio communication equipment to be included in the initial distress alert when the button or buttons on the distress panel is pressed.
In passenger ships, a distress alarm panel shall be installed at the conning position. The distress alarm panel shall provide visual and aural indication of any distress alert or alerts received on board and shall also indicate through which radio communication service the distress alerts have been received.
Regulation 7
Radio equipment: General
Every ship shall be provided with:
a VHF radio installation capable of transmitting and receiving:
i. DSC on the frequency 156.525 MHz (channel 70). It shall be possible to initiate the transmission of distress alerts on channel 70 from the position from which the ship is normally navigated; (Administrations may exempt certain ships constructed before 01.02.1997, plying in areas A2 from DSC watch if they keep continuous watch on CH.16) and
ii. radiotelephony on the frequencies 156.300 MHz (channel 6), 156.650 MHz (channel 13) and 156.800 MHz (channel 16);
a radio installation capable of maintaining a continuous DSC watch on VHF channel 70 which may be separate from, or combined with, that required by above (Administrations may exempt certain ships constructed before 01.02.1997, plying in areas A2 from DSC watch if they keep continuous watch on CH.16)
a radar transponder capable of operating in the 9 GHz band, which:
i. shall be so stowed that it can be easily utilized; and
ii. may be one of those required by regulation for a survival craft;
a receiver capable of receiving international NAVTEX service broadcasts if the ship is engaged on voyages in any area in which an international NAVTEX service is provided;
a radio facility for reception of maritime safety information by the INMARSAT enhanced group calling system if the ship is engaged on voyages in any area of INMARSAT coverage but in which an international NAVTEX service is not provided. However, ships engaged exclusively on voyages in areas where an HF direct-printing telegraphy maritime safety information service is provided and fitted with equipment capable of receiving such service, may be exempt from this requirement.
a satellite emergency position-indicating radio beacon (satellite EPIRB) which shall be:
i. capable of transmitting a distress alert either through the polar orbiting satellite service operating in the 406 MHz band or, if the ship is engaged only on voyages within INMARSAT coverage, through the INMARSAT geo-stationary satellite service operating in the 1.6 GHz band;
ii. installed in an easily accessible position;
iii. ready to be manually released and capable of being carried by one Person into a survival craft;
iv. capable of floating free if the ship sinks and of being automatically activated when afloat; and
v. capable of being activated manually.
g. Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee, every ship shall, in addition, be fitted with a radio installation consisting of a radiotelephone distress frequency watch receiver capable of operating on 2,182 kHz. (The Maritime Safety Committee, at its sixty-eighth session (28 May to 6 June 1997), decided that watch keeping by GMDSS ships on the frequency 2182 kHz should cease from 1 February 1999).
h. Every passenger ship shall be provided with means for two-way on-scene- radio communication for search and rescue purposes using the aeronautical frequencies 121.5 MHz and 123.1 MHz from the position from which the ship is normally navigated.
Regulation 8
Radio equipment: Sea area Al
In addition to meeting the requirements of regulation 7, every ship engaged on voyages exclusively in sea area Al shall be provided with a radio installation ca able of initiating the transmission of ship-to-shore distress alerts from the position from which the ship is normally navigated, operating either:
on VHF using DSC; this requirement may be fulfilled by the EPIRB, either by installing the EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
if the ship is engaged on voyages within coverage of MF coast stations equipped with DSC, on MF using DSC; or
on HF using DSC; or
through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
i. an INMARSAT ship earth station; (INMARSAT A, B, C all providing 2 way communication) or
ii. the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated.
The VHF radio installation, shall also be capable of transmitting and receiving general radio communication using radiotelephony.
Ships engaged on voyages exclusively in sea area Al may carry, in lieu of the satellite EPIRB, an EPIRB which shall be:
capable of transmitting a distress alert using DSC on VHF channel 70 and providing for locating by means of a radar transponder operating in the 9 GHz band;
installed in an easily accessible position;
ready to be manually released and capable of being carried by one person into a survival craft;
capable of floating free if the ship sinks and being automatically activated when afloat; and
capable of being activated manually.
Regulation 9
Radio equipment: Sea areas A 1 and A2
Every ship engaged on voyages beyond sea area Al, but remaining within sea area A2, shall be provided with:
an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
i. 2,187.5 kHz using DSC; and
ii. 2,182 kHz using radiotelephony;
a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz and
means of initiating the transmission of ship-to-shore distress alerts by a radio service other than MF operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. on HF using DSC; or
iii. through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
o HF
o the satellite EPIRB, by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated.
d. It shall be possible to initiate transmission of distress alerts by the radio installations from the position from which the ship is normally navigated.
e. The ship shall, in addition, be capable of transmitting and receiving general radio communication using radiotelephony or direct-printing telegraphy by either:
i. a radio installation operating on working frequencies in the bands between 1,605 kHz and 4,000 kHz or between 4,000 kHz and 27,500 kHz. This requirement may be fulfilled by the addition of this capability in the equipment; or
ii. an INMARSAT ship earth station.
The Administration may exempt ships constructed before 1 February 1997, which are engaged exclusively on voyages within sea area A2, from the VHF DSC watch requirements of keeping watch on CH.70 provided such ships maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normally navigated.
Regulation 10
Radio equipment: Sea areas A 1, A2 and A3
Every ship engaged on voyages beyond sea areas Al and A2, but remaining within sea area A3, shall be provided with:
a. an INMARSAT ship earth station capable of:
i. transmitting and receiving distress and safety communications using direct-printing telegraphy;
ii. initiating and receiving distress priority calls;
iii. maintaining watch for shore-to-ship distress alerts, including those directed to specifically defined geographical areas;
b. transmitting and receiving general radio communication, using either radiotelephony or direct-printing telegraphy; and
c. an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
i. 2,187.5 kHz using DSC; and
ii. 2,182 kHz using radiotelephony; and
d. a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz which may be separate from or combined; and
e. means of initiating the transmission of ship-to-shore distress alerts by a radio service operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. on HF using DSC; or
iii. through the INMARSAT geo-stationary satellite service, by an additional ship earth station or by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated;
In addition, every ship engaged on voyages beyond sea areas Al and A2, but remaining within sea area A3, shall, if it does not comply with the requirements of paragraphs above be provide with:
f. an MF/HF radio installation capable of transmitting and receiving, for distress and safety purposes, on all distress and safety frequencies in the bands between 1,605 kHz and 4,000 kHz and between 4,000 kHz and 27,500 kHz:
i. using DSC;
ii. using radiotelephony; and
iii. using direct-printing telegraphy; and
g. equipment capable of maintaining DSC watch on 2,187.5 kHz, 8,414.5 kHz and on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz; at any time, it shall be possible to select any of these DSC distress and safety frequencies.
h. means of initiating the transmission of ship-to-shore distress alerts by a radio communication service other than HF operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
iii. an INMARSAT ship earth station; or
iv. the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; and
i. in addition, ships shall be capable of transmitting and receiving general radio communication using radiotelephony or direct printing telegraphy by an MF/HF radio installation operating on working frequencies in the bands between 1,605 kHz and 4,000 kHz and between 4,000 kHz and 27,500 kHz.
j. It shall be possible to initiate transmission of distress alerts by the radio installations from the position from which the ship is normally navigated.
k. The Administration may exempt ships constructed before 1 February 1997, and engaged exclusively on voyages within sea areas A2 and A3, from the requirements of keeping watch on DSC Ch.70, provided such ships shall maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normal navigated.
Regulation 12
Watches
Every ship, while at sea, shall maintain a continuous watch:
a. on VHF DSC channel 70, if the ship, is fitted with a VHF radio installation;
b. on the distress and safety DSC frequency 2,187.5 kHz, if the ship, is fitted with an MF radio installation;
c. on the distress and safety DSC frequencies 2,187.5 kHz and 8,414.5 kHz and also on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz, appropriate to the time of day and the geographical position of the ship, if the ship, is fitted with an MF/HF radio installation. This watch may be kept by means of a scanning receiver;
d. for satellite shore-to-ship distress alerts, if the ship, is fitted with an INMARSAT ship earth station.
Every ship, while at sea, shall maintain a radio watch for broadcasts of maritime safety information on the appropriate frequency /s on which such information is broadcast for the area in which the ship is navigating.
Until I February 1999 or until such other date as may be determined by the Maritime Safety Committee, (The Maritime Safety Committee decided (resolution MSC.77(69)) that all GMDSS ships, while at sea, shall continue to maintain, when practicable, continuous listening watch on VHF channel 16 until 1 February 2005) every ship while at sea shall maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normally navigated.
Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee, every ship required to carry a radiotelephone watch receiver shall maintain, while at sea, a continuous watch on the radiotelephone distress frequency 2,182 kHz. This watch shall be kept at the position from which the ship is normally navigated.
Regulation 13
Sources of energy
There shall be available at all times, while the ship is at sea, a supply of electrical energy sufficient to operate the radio installations and to charge any batteries used as part of a reserve source or sources of energy for the radio installations.
A reserve source or sources of energy shall be provided on every ship, to supply radio installations, for the purpose of conducting distress and safety radio communication, in the event of failure of the ship’s main and emergency sources of electrical power. The reserve source or sources of energy shall be capable of simultaneously operating the VHF radio installation, as appropriate for the sea area or sea areas for which the ship is equipped, and either the MF radio installation, the MF/HF radio installation, or the INMARSAT ship earth station, and any of the additional loads for a period of at least:
a. 1h on ships provided with an emergency source of electrical power if such source of power complies fully with all relevant requirements, including the supply of such power to the radio installations; and
b. 6 h on ships not provided with an emergency source of electrical power complying fully with all relevant provisions of regulations, including the supply of such power to the radio installations. (For guidance, the following formula is recommended for determining the electrical load to be supplied by the reserve source of energy for each radio installation required for distress conditions: ½ of the current consumption necessary for transmission + the current consumption necessary for reception + the current consumption of any additional loads).
The reserve source or sources of energy need not supply independent HF and MF radio installations at the same time.
The reserve source or sources of energy shall be independent of the propelling power of the ship and the ship’s electrical system.
Where, in addition to the VHF radio installation, two or more of the other radio installations, can be connected to the reserve source or sources of energy, they shall be capable of simultaneously supplying, for the period specified, as appropriate, the VHF radio installation and:
a. all other radio installations which can be connected to the reserve source or sources of energy at the same time; or
b. whichever of the other radio installations will consume the most power, if only one of the other radio installations can be connected to the reserve source or sources of energy at the same time as the VHF radio installation.
The reserve source or sources of energy may be used to supply the electrical lighting
Where a reserve source of energy consists of a rechargeable accumulator battery or batteries:
a. a means of automatically charging such batteries shall be provided which shall be capable of recharging them to minimum capacity requirements within 10 h; and
b. the capacity of the battery or batteries shall be checked, using appropriate method, (One method of checking the capacity of an accumulator battery is to fully discharge and recharge the battery, using normal operating current and period (e.g. 10 h). Assessment of the charge condition can be made at any time, but it should 6e done without significant discharge of the battery when the ship is at sea), at intervals not exceeding 12 months, when the ship is not at sea.
The siting and installation of accumulator batteries which provide a reserve source of energy shall be such as to ensure:
a. the highest degree of service;
b. a reasonable lifetime;
c. reasonable safety;
d. that battery temperatures remain within the manufacturer’s specifications whether under charge or idle; and
e. that when fully charged, the batteries will provide at least the minimum required hours of operation under all weather conditions.
If an uninterrupted input of information from the ship’s navigational or other equipment to a radio installation required is needed to ensure its proper performance, means shall be provided to ensure the continuous supply of such information in the event of failure of the ship’s main or emergency source of electrical power.
Regulation 15
Maintenance requirements
Adequate tools and spares shall be provided to enable the equipment to be maintained.
On ships engaged on voyages in sea areas Al and A2, the availability shall be ensured by using such methods as duplication of equipment, shore based maintenance or at-sea electronic maintenance capability, or a combination of these, as may be approved by the Administration.
On ships engaged on voyages in sea areas A3 and A4, the availability shall be ensured by using a combination of at least two methods such as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability, as may be approved by the Administration.
While all reasonable steps shall be taken to maintain the equipment in efficient working order to ensure compliance with all the functional requirements specified in regulation 4, malfunction of the equipment for providing the general radio communication required by regulation 4.8 shall not be considered as making a ship un-seaworthy or as a reason for delaying the ship in ports where repair facilities are not readily available, provided the ship is capable of performing all distress and safety functions.
Regulation 16
Radio personnel
Every ship shall carry personnel qualified for distress and safety, radio communication purposes to the satisfaction of the Administration. The personnel shall be holders of certificates specified in the Radio Regulations as appropriate, any one of whom shall be designated to have primary responsibility for radio communication during distress incidents.
In passenger ships, at least one person qualified in accordance with paragraph above shall be assigned to perform only radio communication duties during distress incidents.
Regulation 17
Radio records
A record shall be kept, to the satisfaction of the Administration and as required by the Radio Regulations, of all incidents connected with the radio communication service, which appear to be of importance to safety of life at sea.
Law of the Sea - I
Conventions on the Law of the Sea
The States Parties to this Convention, prompted by the desire to settle, in a spirit of mutual understanding and co-operation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all the peoples of the world,
Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea,
Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,
Recognising the desirability of establishing, through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,
Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, co-operation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter,
Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law, have agreed to the convention.
Definitions:
‘Pollution of the marine environment’ means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;
‘Dumping’ means:
(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea.
(b) ‘dumping’ does not include:
(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;
Force Majeure literally means “greater force”. These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other “Acts of God”, war, or the failure of third parties—such as suppliers and subcontractors—to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.
Territorial Sea and the Contiguous Zone
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.
Internal waters
1. Except as provided in Part IV of UNCLOS, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the state.
2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters.
Roadsteads
Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
Meaning of passage
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities
(j) the carrying out of research or survey activities
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Laws and regulations of the coastal State relating to innocent passage
1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d ) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the disign, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea.
Sea lanes and traffic separation schemes in the territorial sea
1. The coastal State may, where necessary having regard to the safety of navigation, require the foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships.
2. In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and (d ) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given.
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements.
Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.
Charges which may be levied upon foreign ships
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken.
4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.
Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving
internal waters.
CONTIGUOUS ZONE
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Law of the Sea - II
International Straits
Legal status of waters forming straits used for international navigation
1. The passage through straits used for international navigation shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law.
Right of transit passage
1. In straits, all ships enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.
2. Transit passage means the exercise of the freedom of navigation solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.
3. Any activity, which is not, an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention.
Transit Passage
Transit passage means the travel through straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
Duties of ships during transit passage
1. Ships, while exercising the right of transit passage, shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress;
Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships.
Sea-lanes and traffic separation schemes in straits used for international navigation
1. In conformity with this Part, States bordering straits may designate sea-lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships.
2. Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them.
3. Such sea-lanes and traffic separation schemes shall conform to generally accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea-lanes and traffic separation schemes as may be agreed with the States bordering the straits, after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall co-operate in formulating proposals in consultation with the competent international organization.
6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea-lanes and traffic separation schemes established in accordance with this article.
Laws and regulations of States bordering straits relating to transit passage
1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic,
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section.
3. States bordering straits shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of transit passage shall comply with such laws and regulations.
5. The flag State of a ship entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits.
Straits used for Innocent passage
1. The regime of innocent passage, shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage; or
(b) between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
Archipelago and archipelagic states
Definitions
‘Archipelagic State’ means a State constituted wholly by one or more archipelagos and may include other islands;
‘Archipelago’ means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.
Right of innocent passage
1. ships of all States enjoy the right of innocent passage through archipelagic waters.
2. The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published.
Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea-lanes, suitable for the continuous and expeditious passage of foreign ships through or over its archipelagic waters and the adjacent territorial sea.
2. All ships enjoy the right of archipelagic sea-lanes passage in such sea-lanes.
3. Archipelagic sea-lanes passage means the exercise in accordance with this Convention of the rights of navigation in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
4. Such sea lanes shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary.
5. Such sea lanes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points. Ships in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of such axis lines during passage, provided that such ships shall not navigate closer to the coasts than l0 per cent of the distance between the nearest points on islands bordering the sea lane.
6. An archipelagic State which designates sea lanes may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by it.
8. Such sea-lanes and traffic separation schemes shall conform to generally accepted international regulations.
9. In designating or substituting sea-lanes or prescribing or substituting traffic separation schemes, an archipelagic State shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes designated or prescribed by it on charts to which due publicity shall be given.
11. Ships in archipelagic sea-lanes passage shall respect applicable sea-lanes and traffic separation schemes established.
12. If an archipelagic State does not designate sea-lanes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation.
For ships in transit through archipelagic passage the duties are as for when in transit through international straits referred to in Transit passage.
Similarly the laws and regulations of states bordering straits relating to transit passage are to be read when transiting through archipelagic straits.
Exclusive Economic Zones
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.
Breadth of the exclusive economic zone
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Continental shelf
1. The continental shelf of a coastal State comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.
3. The continental margin comprises the submerged prolongation of the landmass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.
Artificial islands, installations and structures in the exclusive economic zone
1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:
(a) artificial islands; (b) installations and structures
2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.
4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations an, structures.
5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around, them, measured from each point of their outer edge, except an authorized by generally accepted international standards or a recommended by the competent international organization. Due notice shall be given of the extent of safety zones.
6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
7. Artificial islands, installations and structures and the safety zone round them may not be established where interference may be caused to the use of recognized sea-lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
Law of the Sea - III
HIGH SEAS
Applicable to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This does not entail in any reduction of the freedoms enjoyed by all States in the exclusive economic zone.
Freedom of the high seas
1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down and by other rules of international law. It comprises, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of over flight;
(c) freedom to lay submarine cables and pipelines,
(d) freedom to construct artificial islands and other installations permitted under international law,
(e) freedom of fishing,
(f) freedom of scientific research,
2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.
The high seas shall be reserved for peaceful purposes.
No State may validly purport to subject any part of the high seas to its sovereignty.
Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.
Nationality of ships
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to ny its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag, documents to that effect.
Status of ships
1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.
2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size;
and (b) assume jurisdiction under its internal law over each ship flying its nag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the prevention of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.
5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.
Penal jurisdiction in matters of collision or any other incident of navigation
1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.
International Convention on Load Lines, 1966 (LL 1966), as amended
General provisions
No ship to which the present Convention applies shall proceed to sea on an international voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and provided with an International Load Line Certificate (1966) or, where appropriate, an International Load Line Exemption Certificate in accordance with the provisions of the present Convention.
Nothing in this Convention shall prevent an Administration from assigning a greater freeboard than the minimum freeboard determined in accordance with Annex I.
Application
The present Convention shall apply to:
(a) ships registered in countries the Governments of which are Contracting Governments;
(b) ships registered in territories to which the present Convention is extended under Article 32; and
(c) unregistered ships flying the flag of a State, the Government of which is a Contracting Government.
The present Convention shall apply to ships engaged on international voyages.
The Regulations contained in Annex I are specifically applicable to the new ships.
Existing ships which do not fully comply with the requirements of the Regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Administration applied to ships on international voyages prior to the coming into force of the present Convention; in no case shall such ships be required to increase their freeboards. In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all the requirements of the present Convention.
The Regulations contained in Annex II are applicable to new and existing ships to which the present Convention applies.
Duration of certificates
An International Load Line Certificate (1966) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue.
If, after the periodical survey, a new certificate cannot be issued to the ship before the expiry of the certificate originally issued, the person or organization carrying out the survey may extend the validity of the original certificate for a period which shall not exceed five months. This extension shall be endorsed on the certificate, and shall be granted only where there have been no alterations in the structure, equipment, arrangements, material or scantlings which affect the ship’s freeboard.
An International Load Line Certificate (1966) shall be cancelled by the Administration if any of the following circumstances exist:
(a) material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;
(b) the fittings and appliances mentioned in sub-paragraph (c) of paragraph (1) of Article 14 are not maintained in an effective condition;
(c) the certificate is not endorsed to show that the ship has been inspected
(d) the structural strength of the ship is lowered to such an extent that the ship is unsafe.
The duration of an International Load Line Exemption Certificate issued by an Administration to a ship shall not exceed five years from the date of issue. Such certificate shall be subject to a renewal, endorsement and cancellation procedure similar to that provided for an International Load Line Certificate (1966) under this Article.
The duration of an International Load Line Exemption Certificate issued to a ship shall be limited to a single voyage for which it is issued.
A certificate issued to a ship by an Administration shall cease to be valid upon the transfer of such a ship to the flag of another State.
Control
Ships holding a certificate are subject, when in the ports of other Contracting Governments, to control by officers duly authorized by such Governments. Contracting Governments shall ensure that such control is exercised as far as is reasonable and practicable with a view to verifying that there is on board a valid certificate under the present Convention. If there is a valid International Load Line Certificate (1966) on board the ship, such control shall be limited to the purpose of determining that:
(a) the ship is not loaded beyond the limits allowed by the certificate;
(b) the position of the load line of the ship corresponds with certificate; and
(c) the ship has not been so materially altered that the ship is manifestly unfit to proceed to sea without danger to human life.
If there is a valid International Load Line Exemption Certificate on board, such control shall be limited to the purpose of determining that any conditions stipulated in that certificate are complied with.
If such control is exercised, it shall only be exercised in so far as may be necessary to ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew.
In the event of the control provided for in this Article giving rise to intervention of any kind, the officer carrying out the control shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the ship is flying of this decision and of all the circumstances in which intervention was deemed to be necessary.
Definitions
Freeboard. The freeboard assigned is the distance measured vertically downwards amidships from the upper edge of the deck line to the upper edge of the related load line.
Freeboard deck. The freeboard deck is normally the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings in the weather part thereof, and below which all the openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a discontinuous freeboard deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. At the option of the owner and subject to the approval of the Administration, a lower deck may be designated as the freeboard deck, provided it is a complete and permanent deck continuous in a fore and aft direction at least between the machinery space and peak bulkheads and continuous athwartships. When this lower deck is stepped the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. When a lower deck is designated as the freeboard deck, that part of the hull which extends above the freeboard deck is treated as a superstructure so far as concerns the application of the conditions of assignment and the calculation of freeboard. It is from this deck that the freeboard is calculated.
Superstructure
(a) A superstructure is a decked structure on the freeboard deck, extending from side to side of the ship or with the side plating not being inboard of the shell plating more than 4 per cent of the breadth (B). A raised quarter deck is regarded as a superstructure.
(b) An enclosed superstructure is a superstructure with:
(i) enclosing bulkheads of efficient construction;
(ii) access openings, if any, in these bulkheads fitted with doors complying with the requirements of Regulation 12;
(iii) all other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.
A bridge or poop shall not be regarded as enclosed unless access is provided for the crew to reach machinery and other working spaces inside these superstructures by alternative means which are available at all times when bulkhead openings are closed.
(c) The height of a superstructure is the least vertical height measured at side from the top of the superstructure deck beams to the top of the freeboard deck beams.
(d) The length of a superstructure (S) is the mean length of the part of the superstructure which lies within the length (L).
Deck line
The deck line is a horizontal line 300 millimetres in length and 25 millimetres in breadth. It shall be marked amidships on each side of the ship, and its upper edge shall normally pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell, provided that the deck line may be placed with reference to another fixed point on the ship on condition that the freeboard is correspondingly corrected. The location of the reference point and the identification of the freeboard deck shall in all cases be indicated on the International Load Line Certificate (1966).
Load Line Mark
The Load Line Mark shall consist of a ring 300 millimetres in outside diameter and 25 millimetres wide which is intersected by a horizontal line 450 millimetres in length and 25 millimetres in breadth, the upper edge of which passes through the centre of the ring. The centre of the ring shall be placed amidships and at a distance equal to the assigned summer freeboard measured vertically below the upper edge of the deck line.
Lines to be used with the Load Line Mark
The lines which indicate the load line assigned in accordance with these Regulations shall be horizontal lines 230 millimetres in length and 25 millimetres in breadth which extend forward of, unless expressly provided otherwise, and at right angles to, a vertical line 25 millimetres in breadth marked at a distance 540 millimetres forward of the centre of the ring.
The following load lines shall be used:
(a) The Summer Load Line indicated by the upper edge of the line which passes through the centre of the ring and also by a line marked S.
(b) The Winter Load Line indicated by the upper edge of a line marked W.
(c) The Winter North Atlantic Load Line indicated by the upper edge of a line marked WNA.
(d) The Tropical Load Line indicated by the upper edge of a line marked T.
(e) The Fresh Water Load Line in summer indicated by the upper edge of a line marked F. The Fresh Water Load Line in summer is marked abaft the vertical line. The difference between the Fresh Water Load Line in summer and the Summer Load Line is the allowance to be made for loading in fresh water at the other load lines.
(f) The Tropical Fresh Water Load Line indicated by the upper edge of a line marked TF, and marked abaft the vertical line.
If timber freeboards are assigned in accordance with these Regulations, the timber load lines shall be marked in addition to ordinary load lines. These lines shall be horizontal lines 230 millimetres in length and 25 millimetres in breadth which extend abaft unless expressly provided otherwise, and are at right angles to, a vertical line 25 millimetres in breadth marked at a distance 540 millimetres abaft the centre of the ring.
The following timber load lines shall be used:
(a) The Summer Timber Load Line indicated by the upper edge of a line marked LS.
(b) The Winter Timber Load Line indicated by the upper edge of a line marked LW.
(c) The Winter North Atlantic Timber Load Line indicated by the upper edge of a line marked LWNA
(d) The Tropical Timber Load Line indicated by the upper edge of a line marked LT.
(e) The Fresh Water Timber Load Line in summer indicated by the upper edge of a line marked LF and marked forward of the vertical line.
The difference between the Fresh Water Timber Load Line in summer and the Summer Timber Load Line is the allowance to be made for loading in fresh water at the other timber load lines.
(f) The Tropical Fresh Water Timber Load Line indicated by the upper edge of a line marked LTF and marked forward of the vertical line.
Where the characteristics of a ship or the nature of the ship’s service or navigational limits make any of the seasonal lines inapplicable, these lines may be omitted.
Where a ship is assigned a greater than minimum freeboard so that the load line is marked at a position corresponding to, or lower than, the lowest seasonal load line assigned at minimum freeboard in accordance with the present Convention, only the Fresh Water Load Line need be marked.
On sailing ships only the Fresh Water Load Line and the Winter North Atlantic Load Line need be marked.
Where a Winter North Atlantic Load Line is identical with the Winter Load Line corresponding to the same vertical line, this load line shall be marked W.
Additional load lines required by other international conventions in force may be marked at right angles to and abaft the vertical line specified in paragraph (1) of this Regulation.
Mark of assigning authority
The mark of the Authority by whom the load lines are assigned may be indicated alongside the load line ring above the horizontal line which passes through the centre of the ring, or above and below it. This mark shall consist of not more than four initials to identify the Authority’s name, each measuring approximately 115 millimetres in height and 75 millimetres in width.
Details of marking
The ring, lines and letters shall be painted in white or yellow on a dark ground or in black on a light ground. They shall also be permanently marked on the sides of the ships to the satisfaction of the Administration. The marks shall be plainly visible and, if necessary, special arrangements shall be made for this purpose.
Verification of marks
The International Load Line Certificate (1966) shall not be delivered to the ship until the officer or surveyor acting under the provisions of Article 13 of the present Convention has certified that the marks are correctly and permanently indicated on the ship’s sides.
Position of hatchways, doorways and ventilators
For the purpose of the Regulations, two positions of hatchways, doorways and ventilators are defined as follows:
Position 1 - Upon exposed freeboard and raised quarter decks, and upon exposed superstructure decks situated forward of a point located a quarter of the ship’s length from the forward perpendicular.
Position 2 - Upon exposed superstructure decks situated abaft a quarter of the ship’s length from the forward perpendicular.
Where covers are made of mild steel the strength shall be calculated with assumed loads not less than 1.75 metric tons per square metre on hatchways in position 1, and not less than 1.30 metric tons per square metre on hatchways in position 2, and the product of the maximum stress thus calculated and the factor 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads.
The assumed loads on hatchways in position 1 may be reduced to 1 metric ton per square metre for ships or 24 metres in length and shall be not less than 1.75 metric tons per square metre for ships 100 metres in length. The corresponding loads on hatchways in position 2 may be reduced to 0.75 metric tons per square metre and 1.30 metric tons per square metre respectively. In all cases values at intermediate lengths shall be obtained by interpolation.
Ventilators
Ventilators in position 1 or 2 to spaces below freeboard decks or decks of enclosed superstructures shall have coamings of steel or other equivalent material, substantially constructed and efficiently connected to the deck. Where the coaming of any ventilator exceeds 900 millimetres in height it shall be specially supported.
Ventilators passing through superstructures other than enclosed superstructures shall have substantially constructed coamings of steel or other equivalent material at the freeboard deck.
Ventilators in position 1 the coamings of which extend to more than 4.5 metres above the deck, and in position 2 the coamings of which extend to more than 2.3 metres above the deck, need not be fitted with closing arrangements unless specifically required by the Administration.
Ventilator openings shall be provided with efficient weathertight closing appliances. In ships of not more than 100 metres in length the closing appliances shall be permanently attached; where not so provided in other ships, they shall be conveniently stowed near the ventilators to which they are to be fitted. Ventilators in position 1 shall have coamings of a height of at least 900 millimetres above the deck; in position 2 the coamings shall be of a height at least 760 millimetres above the deck.
In exposed positions, the height of coamings may be required to be increased to the satisfaction of the Administration.
Air pipes
Where air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts of the pipes shall be of substantial construction; the height from the deck to the point where water may have access below shall be at least 760 millimetres on the freeboard deck and 450 millimetres on the superstructure deck. Where these heights may interfere with the working of the ship, a lower height may be approved, provided the Administration is satisfied that the closing arrangements and other circumstances justify a lower height. Satisfactory means permanently attached, shall be provided for closing the openings of the air pipes.
Protection of the crew
The strength of the deckhouses used for the accommodation of the crew shall be to the satisfaction of the Administration.
Efficient guard rails or bulwarks shall be fitted on all exposed parts of the freeboard and superstructure decks. The height of the bulwarks or guard rails shall be at least 1 metre from the deck, provided that where this height would interfere with the normal operation of the ship, a lesser height may be approved if the Administration is satisfied that adequate protection is provided.
The opening below the lowest course of the guard rails shall not exceed 230 millimetres. The other courses shall be not more than 380 millimetres apart. In the case of ships with rounded gunwales the guard rail supports shall be placed on the flat of the deck.
Satisfactory means (in the form of guard rails, life lines, gangways or underdeck passages etc) shall be provided for the protection of the crew in getting to and from their quarters, the machinery space and all other parts used in the necessary work of the ship.
Deck cargo carried on any ship shall be so stowed that any opening which is in way of the cargo and which gives access to and from the crew’s quarters, the machinery space and all other parts used in the necessary work of the ship, can be properly closed and secured against the admission of water. Effective protection for the crew in the form of guard rails or life lines shall be provided above the deck cargo if there is no convenient passage on or below the deck of the ship.
International Tonnage Convention
International Convention on Tonnage Measurement of Ships, 1969 (London, 23 June 1969)
Definitions
“international voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country;
“gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of the present Convention;
“net tonnage” means the measure of the useful capacity of a ship determined in accordance with the provisions of the present Convention;
“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention;
“existing ship” means a ship which is not a new ship;
The present Convention shall apply to:
(a) new ships;
(b) existing ships which undergo alterations or modifications which the Administration deems to be a substantial variation in their existing gross tonnage;
(c) existing ships if the owner so requests; and
(d) all existing ships, twelve years after the date on which the Convention comes into force, except that such ships, apart from those mentioned in (b) and (c) of this paragraph, shall retain their then existing tonnages for the purpose of the application to them of relevant requirements under other existing International Conventions.
Existing ships to which the present Convention has been applied in accordance with sub-paragraph (c) of this Article shall not subsequently have their tonnages determined in accordance with the requirements which the Administration applied to ships on international voyages prior to the coming into force of the present Convention.
Issue of certificate
(1) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which have been determined in accordance with the present Convention.
(2) Such certificate shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration shall assume full responsibility for the certificate.
Cancellation of certificate
(1) Subject to any exceptions provided in the Regulations, an International Tonnage Certificate (1969) shall cease to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship’s passenger certificate, assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage.
(2) A certificate issued to a ship by an Administration shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (3) of this Article.
(3) Upon transfer of a ship to the flag of another State the Government of which is a Contracting Government, the International Tonnage Certificate (1969) shall remain in force for a period not exceeding three months, or until the Administration issues another International Tonnage Certificate (1969) to replace it, whichever is the earlier. The Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.
Inspection
(1) A ship flying the flag of a State the Government of which is a Contracting Government shall be subject, when in the ports of other Contracting Governments, to inspection by officers duly authorized by such Governments. Such inspection shall be limited to the purpose of verifying:
(a) that the ship is provided with a valid International Tonnage Certificate (1969); and
(b) that the main characteristics of the ship correspond to the data given in the certificate.
(2) In no case shall the exercise of such inspection cause any delay to the ship.
(3) Should the inspection reveal that the main characteristics of the ship differ from those entered on the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the Government of the State whose flag the ship is flying shall be informed without delay.
Athens Convention
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea
Definitions
In this Convention the following expressions have the meaning hereby assigned to them:
“Carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;
“Performing carrier” means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;
“Ship” means only a seagoing vessel, excluding an air-cushion vehicle;
“Passenger” means any person carried in a ship,
(a) Under a contract of carriage, or
(b) Who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;
“Luggage” means any article or vehicle carried by the carrier under a contract of carriage, excluding:
(a) Articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods, and
(b) Live animals;
“Cabin luggage” means luggage, which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for some restrictions, cabin luggage includes luggage, which the passenger has in or on his vehicle;
“Carriage” covers the following periods:
(a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for this purpose of auxiliary transport has been put at the disposal of the passenger by the carrier.
However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;
(b) With regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;
(c) With regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent on shore or on board until the time of its re-delivery by the carrier or his servant or agent;
“International carriage” means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State;
Application
This Convention shall apply to any international carriage if
(a) The ship is flying the flag of or is registered in a State Party to this Convention, or
(b) The contract of carriage has been made in a State Party to this Convention, or
(c) The place of departure or destination, according to the contract of carriage, is in a State Party to this Convention.
This Convention shall not apply when the carriage is subject, under any other international convention concerning the carriage of passengers or luggage by another mode of transport, to a civil liability regime under the provisions of such convention, in so far as those provisions have mandatory application to carriage by sea.
Liability of the carrier
The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier or of his servants or agents acting within the scope of their employment.
The burden of proving that the incident which caused the loss or damage occurred in the course of the carriage, and the extent of the loss or damage, shall lie with the claimant.
Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin luggage arose from or in connection with shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant.
Valuables
The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in this convention.
Contributory fault
If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.
Limit of liability for personal injury
The liability of the carrier for the death of or personal injury to a passenger shall in no case exceed 700,000 francs per carriage. Where in accordance with the law of the court seized of the case damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed the said limit.
The national law of any State Party to this Convention may fix, as far as carriers who are nationals of such State are concerned, a higher per capita limit of liability.
Limit of liability for loss of or damage to luggage
The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed 12,500 francs per passenger, per carriage.
The liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on the vehicle shall in no case exceed 50,000 francs per vehicle, per carriage.
The liability of the carrier for the loss of or damage to luggage other than that mentioned shall in no case exceed 18,000 francs per passenger, per carriage.
The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 1,750 francs in the case of damage to a vehicle and not exceeding 200 francs per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.
Monetary unit and conversion
The franc mentioned in this Convention shall be deemed to refer to a unit consisting of 65.5 milligrams of gold of millesimal fineness 900.
The amounts referred shall be converted into the national currency of the State of the court seized of the case on the basis of the official value of that currency, by reference to the unit defined, on the date of the judgment or the date agreed upon by the parties. If there is no such official value, the competent authority of the State concerned shall determine what shall be considered as the official value for the purpose of this Convention.
Defences and limits for carriers’ servants
If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.
Aggregation of claims
Where the limits of liability prescribed take effect, they shall apply to the aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to any one passenger or the loss of or damage to his luggage.
In relation to the carriage performed by a performing carrier, the aggregate of the amounts recoverable from the carrier and the performing carrier and from their servants and agents acting within the scope of their employment shall not exceed the highest amount which could be awarded against either the carrier or the performing carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.
In any case where a servant or agent of the carrier or of the performing carrier is entitled to avail himself of the limits of liability prescribed in Articles 7 and 8, the aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may be, and from that servant or agent, shall not exceed those limits.
Loss of right to limit liability
The carrier shall not be entitled to the benefit of the limits of liability prescribed, if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
The servant or agent of the carrier or of the performing carrier shall not be entitled to the benefit of those limits if it is proved that the damage resulted from an act or omission of that servant or agent done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
Competent jurisdiction
An action arising under this Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention:
(a) the court of the place of permanent residence or principal place of business of the defendant, or
(b) the court of the place of departure or that of the destination according to the contract of carriage, or
(c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State, or
(d) a court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.
After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.
Invalidity of contractual provisions
Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention, and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the option, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.
General Provisions
These regulations in general apply only to ships engaged on international voyages.
International voyage means a voyage from a SOLAS compliant country to a port outside such country, or conversely.
A passenger is every person other than:
The master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and a child less than one year of age.
A passenger ship is a ship, which carries more than twelve passengers.
A cargo ship is any ship, which is not a passenger ship.
A tanker is a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature.
The present regulations, do not apply to:
(i) Ships of war and troopships.
(ii) Cargo ships of less than 500 gross tonnage.
(iii) Ships not propelled by mechanical means.
(iv) Wooden ships of primitive build.
(v) Pleasure yachts not engaged in trade.
(vi) Fishing vessels.
Inspection and survey
The inspection and survey of ships, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.
An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys shall as a minimum empower any nominated surveyor or recognized organization to:
(i) require repairs to a ship;
(ii) carry out inspections and surveys if requested by the appropriate authorities of a port State.
When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.
Surveys of passenger ships
A passenger ship shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey once every 12 months, except under certain conditions;
(iii) additional surveys, as occasion arises.
The surveys referred to above shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the ship’s structure, machinery and equipment (includes Nautical publications), including the outside of the ship’s bottom and the inside and outside of the boilers. This survey shall be such as to ensure all the above fully comply with the requirements of SOLAS. The survey shall check that the ship is provided with the lights, shapes, means of making sound signals and distress signals as required by the provisions of the present regulations and the International Regulations for Preventing Collisions at Sea in force;
(ii) the renewal survey shall include all above as for the initial survey.
(iii) an additional survey either general or partial, according to the circumstances, shall be made after a repair, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made,
Surveys of life-saving appliances and other equipment of cargo ships
The life-saving appliances and other equipment of cargo ships of 500 gross tonnage shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years, except under certain conditions;
(iii) a periodical survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Equipment Certificate which shall take the place of one of the annual surveys as specified;
(iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Equipment Certificate;
(v) an additional survey as prescribed for passenger ships.
The surveys shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the fire safety systems and appliances, life-saving appliances and arrangements except radio installations, the shipborne navigational equipment, means of embarkation for pilots and other equipment to ensure that they comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the ship is intended. The fire control plans, nautical publications, lights, shapes, means of making sound signals and distress signals shall also be subject to the abovementioned survey for the purpose of ensuring that they comply with the requirements of the present regulations and, where applicable, the International Regulations for Preventing Collisions at Sea (ii) the renewal and periodical surveys shall include an inspection of the equipment above (b)(i) to ensure that it complies with the relevant requirements of the present regulations and the International Regulations for Preventing Collisions at Sea in force, (iii) the annual survey shall include a general inspection of the equipment to ensure that it has been maintained and that it remains satisfactory for the service for which the ship is intended.
The periodical and annual surveys shall be endorsed on the Cargo Ship Safety Equipment Certificate.
Surveys of radio installations of cargo ships
The radio installations, including those used in life-saving appliances, of cargo ships shall be subject to the surveys specified below:
(i) an initial survey before the ship is put in service;
(ii) a renewal survey at intervals specified by the Administration but not exceeding five years;
(iii) a periodical survey within three months before or after each anniversary date of the Cargo Ship Safety Radio Certificate;
(iv) an additional survey as prescribed for passenger ships.
The surveys shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the radio installations of cargo ships, including those used in life-saving appliances;
(ii) the renewal and periodical surveys shall include an inspection of the radio installations of cargo ships, including those used in lifesaving appliances.
The periodical surveys shall be endorsed on the Cargo Ship Safety Radio Certificate.
Surveys of structure, machinery and equipment of cargo ships
The structure, machinery and equipment (other than items in respect of which a Cargo Ship Safety Equipment Certificate and a Cargo Ship Safety Radio Certificate are issued) of a cargo ship shall be subject to the surveys and inspections specified below:
(i) an initial survey including an inspection of the outside of the ship’s bottom before the ship is put in service; (ii) a renewal survey at intervals specified by the Administration but not exceeding 5 years;
(iii) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the Cargo Ship Safety Construction Certificate, which shall take the place of one of the annual surveys (iv) an annual survey within 3 months before or after each anniversary date of the Cargo Ship Safety Construction Certificate;
(v) a minimum of two inspections of the outside of the ship’s bottom during any five year period. This five year period may be extended to coincide with the extended period of validity of the certificate. In all cases the interval between any two such inspections shall not exceed 36 months;
(vi) an additional survey as prescribed for passenger ships.
The surveys and inspections shall be carried out as follows:
(i) the initial survey shall include a complete inspection of the structure, machinery and equipment. This survey shall be such as to ensure that the arrangements, materials, scantlings and workmanship of the structure, boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and associated control systems, electrical installation and other equipment comply with the requirements of the present regulations, and that the required stability information is provided. In the case of tankers such a survey shall also include an inspection of the pump-rooms, cargo, bunker and ventilation piping systems and associated safety devices;
(ii) the renewal survey shall include an inspection of the structure, machinery and equipment as referred to in above to ensure that they comply with the requirements of the present regulations (iii) the intermediate survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, the steering gear and the associated control systems and electrical installations to ensure that they remain satisfactory for the service for which the ship is intended. In the case of tankers, the survey shall also include an inspection of the pumprooms, cargo, bunker and ventilation piping systems and associated safety devices and the testing of insulation resistance of electrical installations in dangerous zones;
(iv) the annual survey shall include a general inspection of the structure, machinery and equipment referred to in paragraph (b)(i), to ensure that they have been maintained in accordance with regulation 11(a) and that they remain satisfactory for the service for which the ship is intended;
(v) the inspection of the outside of the ship’s bottom and the survey of related items inspected at the same time shall be such as to ensure that they remain satisfactory for the service for which the ship is intended..
The intermediate and annual surveys and the inspections of the outside of the ship’s bottom shall be endorsed on the Cargo Ship Safety Construction Certificate.
Maintenance of conditions after survey
The condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons on board.
After any survey of the ship under regulations 7, 8, 9 or 10 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the Administration.
Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment, the master or owner of the ship shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, is necessary. If the ship is in a port of another Contracting Government, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such a report has been made.
Issue or endorsement of certificates
A certificate called a Passenger Ship Safety Certificate shall be issued after an initial or renewal survey to a passenger ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Construction Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1 and II-2 (other than those relating to fire safety systems and appliances and fire control plans) and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Equipment Certificate{ shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III and V and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Radio Certificate shall be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapter IV and any other relevant requirements of the present regulations;
A certificate called a Cargo Ship Safety Certificate may be issued after an initial or renewal survey to a cargo ship which complies with the relevant requirements of chapters II-1, II-2, III, IV and V and any other relevant requirements of the present regulations, as an alternative to the certificates referred to in above
Whenever in this chapter reference is made to a Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate or Cargo Ship Safety Radio Certificate, it shall apply to a Cargo Ship Safety Certificate, if it is used as an alternative to these certificates.
The Passenger Ship Safety Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio Certificate and the Cargo Ship Safety Certificate, shall be supplemented by a Record of Equipment;
When an exemption is granted to a ship under and in accordance with the provisions of the present regulations, a certificate called an Exemption Certificate shall be issued in addition to the certificates prescribed in this paragraph;
The certificates referred to in this regulation shall be issued or endorsed either by the Administration or by any person or organization authorized by it. In every case, that Administration assumes full responsibility for the certificates.
A Contracting Government shall not issue certificates under, and in accordance with, the provisions of the International Convention for the Safety of Life at Sea, 1974, 1960, 1948 or 1929, after the date on which acceptance of the present Convention by the Government takes effect.
Issue or endorsement of certificates by another Government
A Contracting Government may, at the request of the Administration, cause a ship to be surveyed and, if satisfied that the requirements of the present regulations are complied with, shall issue or authorize the issue of certificates to the ship and, where appropriate, endorse or authorize the endorsement of certificates on the ship in accordance with the present regulations. Any certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State the flag of which the ship is entitled to fly, and it shall have the same force and receive the same recognition as a certificate issued under regulation 12.
Duration and validity of certificates
A Passenger Ship Safety Certificate shall be issued for a period not exceeding 12 months. A Cargo Ship Safety Construction Certificate, Cargo Ship Safety Equipment Certificate and Cargo Ship Safety Radio Certificate shall be issued for a period specified by the Administration which shall not exceed five years. An Exemption Certificate shall not be valid for longer than the period of the certificate to which it refers.
Notwithstanding above, when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;
(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;
When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate;
(2) for a cargo ship, a date not exceeding five years from the date of expiry of the existing certificate;
When the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to:
(1) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;
(2) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.
If a certificate other than a Passenger Ship Safety Certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (a), provided that the surveys when a certificate is issued for a period of 5 years are carried out as appropriate.
If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.
If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;
(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
A certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this regulation may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of expiry of the existing certificate before the extension was granted;
(ii) for a cargo ship, a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.
In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate. In these special circumstances, the new certificate shall be valid to:
(i) for a passenger ship, a date not exceeding 12 months from the date of completion of the renewal survey;
(ii) for a cargo ship, a date not exceeding five years from the date of completion of the renewal survey.
If an annual, intermediate or periodical survey is completed before the period specified in the relevant regulations then:
(i) the anniversary date shown on the relevant certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;
(ii) the subsequent annual, intermediate or periodical survey required by the relevant regulations shall be completed at the intervals prescribed by these regulations using the new anniversary date;
(iii) the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by the relevant regulations are not exceeded.
A certificate issued under regulation 12 or 13 shall cease to be valid in any of the following cases:
(i) if the relevant surveys and inspections are not completed within the periods specified under regulations
(ii) if the certificate is not endorsed in accordance with the present regulations;
(iii) upon transfer of the ship to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the ship is in compliance with the requirements of regulation 11(a) and (b). In the case of a transfer between Contracting Governments, if requested within three months after the transfer has taken place, the Government of the State whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificates carried by the ship before a transfer and, if available, copies of the relevant survey reports.
Manning
The Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary, to adopt, measures for the purpose of ensuring that, from the point of view of safety of life at sea, all ships shall be sufficiently and efficiently manned.
Every ship to which chapter I of this Convention applies shall be provided with an appropriate safe manning document or equivalent issued by the Administration as evidence of the minimum safe manning considered necessary to comply with the provisions of above paragraph.
With respect to ships entitled to fly the flag of a State which is not a Party to the Convention and the present Protocol, the Parties to the present Protocol shall apply the requirements of the Convention and the present Protocol as may be necessary to ensure that no more favourable treatment is given to such ships.
SOLAS – LSA
Certificated person is a person who holds a certificate of proficiency in survival craft issued under the authority of, or recognized as valid by, the Administration in accordance with the requirements of the International Convention on Standards of Training, Certification and Watch keeping for Seafarers, in force; or a person who holds a certificate issued or recognized by the Administration of a State not a Party to that Convention for the same purpose as the convention certificate.
Float-free launching is that method of launching a survival craft whereby the craft is automatically released from a sinking ship and is ready for use.
Free-fall launching is that method of launching a survival craft whereby the craft with its complement of persons and equipment on board is released and allowed to fall into the sea without any restraining apparatus.
Inflatable appliance is an appliance which depends upon non-rigid, gasfilled chambers for buoyancy and which is normally kept uninflated until ready for use.
Inflated appliance is an appliance which depends upon non-rigid, gasfilled chambers for buoyancy and which is kept inflated and ready for use at all times.
Launching appliance or arrangement is a means of transferring a survival craft or rescue boat from its stowed position safely to the water.
Rescue boat is a boat designed to rescue persons in distress and to marshal survival craft.
Survival craft is a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.
Life-saving appliances and arrangements required by this chapter shall be approved by the Administration. Before accepting life-saving appliances and arrangements that have not been previously approved by the Administration, the Administration shall be satisfied that life-saving appliances and arrangements comply with the requirements of this chapter and the Code.
Life-saving appliances required for which detailed specifications are not included in the Code shall be to the satisfaction of the Administration.
Muster list and emergency instructions
1 This regulation applies to all ships.
2 Clear instructions to be followed in the event of an emergency shall be provided for every person on board. In the case of passenger ships these instructions shall be drawn up in the language or languages required by the ship’s flag State and in the English language.
3 Muster lists and emergency instructions shall be exhibited in conspicuous places throughout the ship including the navigation bridge, engine-room and crew accommodation spaces.
4 Illustrations and instructions in appropriate languages shall be posted in passenger cabins and be conspicuously displayed at muster stations and other passenger spaces to inform passengers of:
.1 their muster station;
.2 the essential actions they must take in an emergency; and .3 the method of donning lifejackets.
Operating instructions
1 This regulation applies to all ships.
2 Posters or signs shall be provided on or in the vicinity of survival craft and their launching controls and shall:
.1 illustrate the purpose of controls and the procedures for operating the appliance and give relevant instructions or warnings;
.2 be easily seen under emergency lighting conditions; and
.3 use symbols in accordance with the recommendations of the Organization.
Survival craft muster and embarkation arrangements
1 Lifeboats and liferafts for which approved launching appliances are required shall be stowed as close to accommodation and service spaces as possible.
2 Muster stations shall be provided close to the embarkation stations. Each muster station shall have sufficient clear deck space to accommodate all persons assigned to muster at that station, but at least 0.35 m2 per person.
3 Muster and embarkation stations shall be readily accessible from accommodation and work areas.
4 Muster and embarkation stations shall be adequately illuminated by lighting supplied from the emergency source of electrical power.
5 Alleyways, stairways and exits giving access to the muster and embarkation stations shall be lighted. Such lighting shall be capable of being supplied by the emergency source of electrical power. In addition to and as part of the markings, routes to muster stations shall be indicated with the muster station symbol, intended for that purpose, in accordance with the recommendations of the Organization.
6 Davit-launched and free-fall launched survival craft muster and embarkation stations shall be so arranged as to enable stretcher cases to be placed in survival craft.
7 An embarkation ladder extending, in a single length, from the deck to the waterline in the lightest seagoing condition under unfavourable conditions of trim of up to 10 and a list of up to 20 either way shall be provided at each embarkation station or at every two adjacent embarkation stations for survival craft launched down the side of the ship. However, the Administration may permit such ladders to be replaced by approved devices to afford access to the survival craft when waterborne, provided that there shall be at least one embarkation ladder on each side of the ship. Other means of embarkation enabling descent to the water in a controlled manner may be permitted for the liferafts.
8 Where necessary, means shall be provided for bringing the davit launched survival craft against the ship’s side and holding them alongside so that persons can be safely embarked.
Emergency training and drills
1 This regulation applies to all ships.
2 Familiarity with safety installations and practice musters
Every crewmember with assigned emergency duties shall be familiar with these duties before the voyage begins.
On a ship engaged on a voyage where passengers are scheduled to be on board for more than 24 h, musters of the passengers shall take place within 24 h after their embarkation. Passengers shall be instructed in the use of the lifejackets and the action to take in an emergency.
Whenever new passengers embark, a passenger safety briefing shall be given immediately before sailing, or immediately after sailing. The briefing shall include the instructions as stated in SOLAS, and shall be made by means of an announcement, in one or more languages likely to be understood by the passengers. The announcement shall be made on the ship’s public address system, or by other equivalent means likely to be heard at least by the passengers who have not yet heard it during the voyage. The briefing may be included in the muster, if the muster is held immediately upon departure. Information cards or posters or video programme displayed on ships video displays may be used to supplement the briefing, but may not be used to replace the announcement.
Drills
Drills shall, as far as practicable, be conducted as if there were an actual emergency.
Every crew member shall participate in at least one abandon ship drill and one fire drill every month. The drills of the crew shall take place within 24 h of the ship leaving a port if more than 25% of the crew have not participated in abandon ship and fire drills on board that particular ship in the previous month. When a ship enters service for the first time, after modification of a major character or when a new crew is engaged, these drills shall be held before sailing. The Administration may accept other arrangements that are at least equivalent for those classes of ships for which this is impracticable.
Abandon ship drill
Each abandon ship drill shall include:
.1 summoning of passengers and crew to muster stations with the alarm followed by drill announcement on the public address or other communication system and ensuring that they are made aware of the order to abandon ship;
.2 reporting to stations and preparing for the duties described in the muster list;
.3 checking that passengers and crew are suitably dressed;
.4 checking that lifejackets are correctly donned;
.5 lowering of at least one lifeboat after any necessary preparation for launching;
.6 starting and operating the lifeboat engine;
.7 operation of davits used for launching liferafts;
.8 a mock search and rescue of passengers trapped in their staterooms; and
.9 instruction in the use of radio life-saving appliances.
Different lifeboats shall, as far as practicable, be lowered at successive drills.
Except as provided, each lifeboat shall be launched with its assigned operating crew aboard and manoeuvred in the water at least once every three months during an abandon ship drill.
Lowering into the water, rather than launching of a lifeboat arranged for free-fall launching, is acceptable where free-fall launching is impracticable provided the lifeboat is free-fall launched with its assigned operating crew aboard and manoeuvred in the water at least once every six months. However, in cases where it is impracticable, the Administration may extend this period to 12 months provided that arrangements are made for simulated launching which will take place at intervals of not more than six months.
The Administration may allow ships operating on short international voyages not to launch the lifeboats on one side if their berthing arrangements in port and their trading patterns do not permit launching of lifeboats on that side. However, all such lifeboats shall be lowered at least once every three months and launched at least annually.
As far as is reasonable and practicable, rescue boats other than lifeboats which are also rescue boats, shall be launched each month with their assigned crew aboard and manoeuvred in the water. In all cases this requirement shall be complied with at least once every three months.
If lifeboat and rescue boat launching drills are carried out with the ship making headway, such drills shall, because of the dangers involved, be practiced in sheltered waters only and under the supervision of an officer experienced in such drills.
If a ship is fitted with marine evacuation systems, drills shall include exercising of the procedures required for the deployment of such a system up to the point immediately preceding actual deployment of the system. This aspect of drills should be augmented by regular instruction using the on-board training aids.
Additionally every system party member shall, as far as practicable, be further trained by participation in a full deployment of a similar system into water, either on board a ship or ashore, at intervals of not longer than two years, but in no case longer than three years. This training can be associated with the deployments.
Emergency lighting for mustering and abandonment shall be tested at each abandon ship drill.
Training manual and on-board training aids
1 This regulation applies to all ships.
2 A training manual shall be provided in each crew mess room and recreation room or in each crew cabin.
3 The training manual, which may comprise several volumes, shall contain instructions and information, in easily understood terms illustrated wherever possible, on the life-saving appliances provided in the ship and on the best methods of survival. Any part of such information may be provided in the form of audio-visual aids in lieu of the manual. The following shall be explained in detail:
.1 donning of lifejackets, immersion suits and anti-exposure suits, as appropriate;
.2 muster at the assigned stations;
.3 boarding, launching, and clearing the survival craft and rescue boats, including, where applicable, use of marine evacuation systems;
.4 method of launching from within the survival craft;
.5 release from launching appliances;
.6 methods and use of devices for protection in launching areas, where appropriate;
.7 illumination in launching areas;
.8 use of all survival equipment;
.9 use of all detection equipment;
.10 with the assistance of illustrations, the use of radio life-saving appliances;
.11 use of drogues;
.12 use of engine and accessories;
.13 recovery of survival craft and rescue boats including stowage and securing;
.14 hazards of exposure and the need for warm clothing;
.15 best use of the survival craft facilities in order to survive;
.16 methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), breeches-buoy and shore life-saving apparatus and ship’s line-throwing apparatus;
.17 all other functions contained in the muster list and emergency instructions; and
.18 instructions for emergency repair of the life-saving appliances.
4 Every ship fitted with a marine evacuation system shall be provided with on-board training aids in the use of the system.
On-board training and instructions
On-board training in the use of the ship’s life-saving appliances, including survival craft equipment, and in the use of the ship’s fire extinguishing appliances shall be given as soon as possible but not later than two weeks after a crew member joins the ship. However, if the crew member is on a regularly scheduled rotating assignment to the ship, such training shall be given not later than two weeks after the time of first joining the ship. Instructions in the use of the ship’s fire-extinguishing appliances, life-saving appliances, and in survival at sea shall be given at the same interval as the drills. Individual instruction may cover different parts of the ship’s life-saving and fire-extinguishing appliances, but all the ship’s life-saving and fire-extinguishing appliances shall be covered within any period of two months.
Every crew member shall be given instructions which shall include:
i. operation and use of the ship’s inflatable liferafts;
ii. problems of hypothermia, first-aid treatment for hypothermia and other appropriate first-aid procedures;
iii. special instructions necessary for use of the ship’s life-saving appliances in severe weather and severe sea conditions; and operation and use of fire-extinguishing appliances.
On-board training in the use of davit-launched liferafts shall take place at intervals of not more than four months on every ship fitted with such appliances. Whenever practicable this shall include the inflation and lowering of a liferaft. This liferaft may be a special liferaft intended for training purposes only, which is not part of the ship’s life-saving equipment; such a special liferaft shall be conspicuously marked.
Records
The date when musters are held, details of abandon ship drills and fire drills, drills of other life-saving appliances and on board training shall be recorded in such log-book as may be prescribed by the Administration. If a full muster, drill or training session is not held at the appointed time, an entry shall be made in the log-book stating the circumstances and the extent of the muster, drill or training session held.
Operational readiness, maintenance and inspections
This regulation applies to all ships.
Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use.
Maintenance
Instructions for on-board maintenance of life-saving appliances complying shall be provided and maintenance shall be carried out accordingly.
The Administration may accept, in lieu of the instructions, a shipboard planned maintenance programme.
Maintenance of falls
Falls used in launching shall be turned end for end at intervals of not more than 30 months and be renewed when necessary due to deterioration of the falls or at intervals of not more than five years, whichever is the earlier.
The Administration may accept in lieu of the “end for ending”, periodic inspection of the falls and their renewal whenever necessary due to deterioration or at intervals of not more than four years, whichever one is earlier.
Spares and repair equipment shall be provided for life-saving appliances and their components, which are subject to excessive wear or consumption and need to be replaced regularly.
Weekly inspection
The following tests and inspections shall be carried out weekly:
All survival craft, rescue boats and launching appliances shall be visually inspected to ensure that they are ready for use;
All engines in lifeboats and rescue boats shall be run for a total period of not less than 3 min provided the ambient temperature is above the minimum temperature required for starting and running the engine. During this period of time, it should be demonstrated that the gear box and gear box train are engaging satisfactorily. If the special characteristics of an outboard motor fitted to a rescue boat would not allow it to be run other than with its propeller submerged for a period of 3 min, it should be run for such period as prescribed in the manufacturer’s handbook.
The general emergency alarm system shall be tested.
Monthly inspections
Inspection of the life-saving appliances, including lifeboat equipment, shall be carried out monthly using the checklist to ensure that they are complete and in good order. A report of the inspection shall be entered in the log-book.
Every inflatable liferaft, inflatable lifejacket, and marine evacuation system shall be serviced:
At intervals not exceeding 12 months, provided where in any case this is impracticable, the Administration may extend this period to 17 months; and at an approved servicing station
Passenger Ships
Muster stations
Every passenger ship shall, have passenger muster stations which shall:
i. be in the vicinity of, and permit ready access for the passengers to, the embarkation stations unless in the same location; and
ii. have ample room for marshalling and instruction of the passengers, but at least 0.35 m2 per passenger.
Drills
On passenger ships, an abandon ship drill and fire drill shall take place weekly. The entire crew need not be involved in every drill, but each crew member must participate in an abandon ship drill and a fire drill each month . Passengers shall be strongly encouraged to attend these drills.
SOLAS - Fire Protection, Fire Detection and Fire Extinction
Basic principles
The purpose of this chapter is to require the fullest practicable degree of fire protection, fire detection and fire extinction in ships.
The following basic principles underlie the regulations in this chapter and are embodied in the regulations as appropriate, having regard to the type of ships and the potential fire hazard involved:
.1 division of ship into main vertical zones by thermal and structural boundaries;
.2 separation of accommodation spaces from the remainder of the ship by thermal and structural boundaries;
.3 restricted use of combustible materials;
.4 detection of any fire in the zone of origin;
.5 containment and extinction of any fire in the space of origin;
.6 protection of means of escape or access for fire fighting;
.7 ready availability of fire-extinguishing appliances;
.8 minimization of possibility of ignition of flammable cargo vapour.
Definitions
For the purpose of this chapter, unless expressly provided otherwise:
Non-combustible material is a material, which neither burns nor gives off flammable vapours in sufficient quantity for self-ignition when heated to approximately 750˚C, this being determined in accordance with the Fire Test Procedures Code. Any other material is a combustible material.
A standard fire test is one in which the specimens of the relevant bulkheads and decks are exposed in a test furnace to temperatures corresponding approximately to the standard time-temperature curve. The test methods shall be in accordance with the Fire Test Procedures Code.
“A” class divisions are those divisions formed by bulkheads and decks which comply with the following:
.1 they shall be constructed of steel or other equivalent material;
.2 they shall be suitably stiffened;
.3 they shall be so constructed as to be capable of preventing the passage of smoke and flame to the end of the one-hour standard fire test;
.4 they shall be insulated with approved non-combustible materials such that the average temperature of the unexposed side will not rise more than 140˚C above the original temperature, nor will the temperature, at any one point, including any joint, rise more than 180˚C above the original temperature, within the time listed below:
i. class “A-60” 60 min
ii. class “A-30” 30 min
iii. class “A-15” 15 min
iv. class “A-0” 0 min
“B” class divisions are those divisions formed by bulkheads, decks, ceiling or linings which comply with the following:
.1 they shall be so constructed as to be capable of preventing the passage of flame to the end of the first half hour of the standard fire test;
.2 they shall have an insulation value such that the average temperature of the unexposed side will not rise more than 140˚C above the original temperature, nor will the temperature at any one point, including any joint, rise more than 225˚C above the original temperature, within the time listed below:
i. class “B-15” 15 min
ii. class “B-0” 0 min
.3 they shall be constructed of approved non-combustible materials and all materials entering into the construction and erection of “B” class divisions shall be non-combustible, with the exception that combustible veneers may be permitted provided they meet other requirements of this chapter;
Main vertical zones are those sections into which the hull, superstructure, and deckhouses are divided by “A” class divisions, the mean length of which on any deck does not in general exceed 40 m.
Accommodation spaces are those spaces used for public spaces, corridors, lavatories, cabins, offices, hospitals, cinemas, games and hobbies rooms, barber shops, pantries containing no cooking appliances and similar spaces.
Public spaces are those portions of the accommodation which are used for halls, dining rooms, lounges and similar permanently enclosed spaces.
Service spaces are those spaces used for galleys, pantries containing cooking appliances, lockers, mail and specie rooms, store-rooms, workshops other than those forming part of the machinery spaces, and similar spaces and trunks to such spaces.
Cargo spaces are all spaces used for cargo (including cargo oil tanks) and trunks to such spaces.
Ro-ro cargo spaces are spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which goods (packaged or in bulk, in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles) can be loaded and unloaded normally in a horizontal direction.
Open ro-ro cargo spaces are ro-ro cargo spaces either open at both ends, or open at one end and provided with adequate natural ventilation effective over their entire length through permanent openings in the side plating or deckhead to the satisfaction of the Administration.
Closed ro-ro cargo spaces are ro-ro cargo spaces which are neither open ro-ro cargo spaces nor weather decks.
Weather deck is a deck which is completely exposed to the weather from above and from at least two sides.
Special category spaces are those enclosed spaces above or below the bulkhead deck intended for the carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which passengers have access.
Machinery spaces of category A are those spaces and trunks to such spaces, which contain:
.1 internal combustion machinery used for main propulsion; or
.2 internal combustion machinery used for purposes other than main propulsion where such machinery has in the aggregate a total power output of not less than 375 kW; or
.3 any oil-fired boiler or oil fuel unit.
Machinery spaces are all machinery spaces of category A and all other spaces containing propulsion machinery, boilers, oil fuel units, steam and internal combustion engines, generators and major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilation and air-conditioning machinery, and similar spaces, and trunks to such spaces. Oil fuel unit is the equipment used for the preparation of oil fuel for delivery to an oil-fired boiler, or equipment used for the preparation for delivery of heated oil to an internal combustion engine, and includes any oil pressure pumps, filters and heaters dealing with oil at a pressure of more than 0.18 N/mm2.
Control stations are those spaces in which the ship’s radio or main navigating equipment or the emergency source of power is located or where the fire recording or fire control equipment is centralized.
Central control station is a control station in which the following control and indicator functions are centralized:
.1 fixed fire detection and alarm systems;
.2 automatic sprinklers, fire detection and alarm systems;
.3 fire door indicator panels;
.4 fire door closures;
.5 watertight door indicator panels;
.6 watertight door closures;
.7 ventilation fans;
.8 general/fire alarms;
.9 communication systems including telephones; and .10 microphones to public address systems.
Continuously manned central control station is a central control station which is continuously manned by a responsible member of the crew.
Fire control plans and fire drills
(This regulation applies to all ships)
In all ships general arrangement plans shall be permanently exhibited for the guidance of the ship’s officers, showing clearly for each deck the control stations, the various fire sections enclosed by “A” class divisions, the sections enclosed by “B” class divisions together with particulars of the fire detection and fire alarm systems, the sprinkler installation, the fire extinguishing appliances, means of access to different compartments, decks, etc. and the ventilating system including particulars of the fan control positions, the position of dampers and identification numbers of the ventilating fans serving each section. Alternatively, at the discretion of the Administration, the aforementioned details may be set out in a booklet, a copy of which shall be supplied to each officer, and one copy shall at all times be available on board in an accessible position. Plans and booklets shall be kept up to date, any alterations being recorded thereon as soon as practicable. Description in such plans and booklets shall be in the official language of the flag State. If the language is neither English nor French, a translation into one of those languages shall be included. In addition, instructions concerning the maintenance and operation of all the equipment and installations on board for the fighting and containment of fire shall be kept under one cover, readily available in an accessible position.
In all ships a duplicate set of fire control plans or a booklet containing such plans shall be permanently stored in a prominently marked Weathertight enclosure outside the deckhouse for the assistance of shore side firefighting personnel.
Fire drills shall be conducted in accordance with the provisions of SOLAS.
In ships carrying more than 36 passengers, plans and booklets required by this regulation shall provide information regarding fire protection, fire detection and fire extinction based on the guidelines issued by the Organization.
Ready availability of fire-extinguishing appliances
(This regulation applies to all ships)
Fire-extinguishing appliances shall be kept in good order and be available for immediate use at all times.
States that fire hoses should be used only for the purposes of extinguishing fires or testing the apparatus at fire drills and surveys
States that instructions concerning the maintenance and operation of all firefighting equipment and installations on board should be kept under one cover in an accessible position
Fire patrols, detection, alarms and public address systems
(Paragraph 2 of this regulation applies to ships constructed on or after 1 February 1992; paragraph 7 of this regulation applies to ships constructed on or after 1 January 1994)
1 Manually operated call points complying with the requirements of regulation 13 shall be installed.
2 A fixed fire detection and fire alarm system complying with the requirements of regulation 13 or a sample extraction smoke detection system complying with the requirements of regulation 13-1 shall be provided in any cargo space which, in the opinion of the Administration, is not accessible, except where it is shown to the satisfaction of the Administration that the ship is engaged on voyages of such short duration that it would be unreasonable to apply this requirement.
3 All ships shall at all times when at sea, or in port (except when out of service), be so manned or equipped as to ensure that any initial fire alarm is immediately received by a responsible member of the crew.
4 A special alarm, operated from the navigation bridge or fire control station, shall be fitted to summon the crew. This alarm may be part of the ship’s general alarm system but it shall be capable of being sounded independently of the alarm to the passenger spaces.
5 A public address system or other effective means of communication shall be available throughout the accommodation and service spaces and control stations and open decks.
6 For ships carrying more than 36 passengers an efficient patrol system shall be maintained so that an outbreak of fire may be promptly detected. Each member of the fire patrol shall be trained to be familiar with the arrangements of the ship as well as the location and operation of any equipment he may be called upon to use. Each member of the fire patrol shall be provided with a two-way portable radiotelephone apparatus.
7 Where public spaces span three or more open decks and contain combustibles such as furniture and enclosed spaces such as shops, offices and restaurants, the entire main vertical zone containing the space shall be protected throughout with a smoke detection system complying with regulation 13, with the exception of paragraph 1.9.
7.1 Passenger ships carrying more than 36 passengers shall have the detection alarms for the systems centralized in a continuously manned central control station. In addition, controls for remote closing of the fire doors and shutting down the ventilation fans shall be centralized in the same location. The ventilation fans shall be capable of reactivation by the crew at the continuously manned control station. The control panels in the central control station shall be capable of indicating open or closed positions of fire doors and closed or off status of the detectors, alarms and fans. The control panel shall be continuously powered and should have an automatic change-over to standby power supply in case of loss of normal power supply. The control panel shall be powered from the main source of electrical power and the emergency source of electrical power unless other arrangements are permitted by the regulations, as applicable.
Special requirements for ships carrying dangerous goods
(Paragraph 2.3 of this regulation applies to ships constructed on or after 1 February 1992)
1 General
1.1 In addition to complying with the requirements for cargo ships and with the requirements for passenger ships as appropriate, ship types and cargo spaces, referred to in paragraph 1.2, intended for the carriage of dangerous goods shall comply with the requirements of this regulation, as appropriate, except when carrying dangerous goods in limited quantities{ unless such requirements have already been met by compliance with the requirements elsewhere in this chapter. The types of ships and modes of carriage of dangerous goods are referred to in paragraph 1.2 , where the numbers appearing in paragraph 1.2 are referred to in the top line. Cargo ships of less than 500 gross tonnage constructed on or after 1 February 1992 shall comply with this regulation, but Administrations may reduce the requirements and such reduced requirements shall be recorded in the document of compliance referred to in paragraph 3.
1.2 The following ship types and cargo spaces shall govern the application of tables 54.1 and 54.2 (see SOLAS):
.1 Ships and cargo spaces not specifically designed for the carriage of freight containers but intended for the carriage of dangerous goods in packaged form including goods in freight containers and portable tanks.
.2 Purpose-built container ships and cargo spaces intended for the carriage of dangerous goods in freight containers and portable tanks.
.3 Ro-ro ships and ro-ro cargo spaces intended for the carriage of dangerous goods.
.4 Ships and cargo spaces intended for the carriage of solid dangerous goods in bulk.
.5 Ships and cargo spaces intended for carriage of dangerous goods other than liquids and gases in bulk in Shipborne barges.
2 Special requirements
Unless otherwise specified the following requirements shall govern the application of tables 54.1, 54.2 and 54.3 to both “on-deck” and “underdeck” stowage of dangerous goods where the numbers of the following paragraphs are indicated in the first column.
3 Document of compliance
The Administration shall provide the ship with an appropriate document as evidence of compliance of construction and equipment with the requirements of this regulation.
SOLAS – GMDSS
Chapter IV Radio communications
Regulation 1
This chapter applies to all ships to which the present regulations apply and to cargo ships of 300 gross tonnage and upwards.
Regulation 2
Bridge -to-bridge communications means safety communications between ships from the position from which the ships a normally navigated.
Continuous watch means that the radio watch concerned not be interrupted other than for brief intervals when the s receiving capability is impaired or blocked by its communications or when the facilities are under periodical maintenance or checks.
Digital selective calling (DSC) means a technique using, digital codes which enables a radio station to establish contact with, transfer information to, another station or group of stations, and complying with the relevant recommendations of the ITU Radio communication Sector ITU-R
Direct-printing telegraphy means automated telegraphy techniques which comply with the relevant recommendations of ITU Radio communication Sector ITU-R.
General radio communications means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio.
INMARSAT means the Organization established by the Convention on the International Mobile Satellite Organization.
International NAVTEX service means the coordinated broadcast and automatic reception on 518 kHz of maritime safety information by means of narrow-band direct-printing telegraphy using the English languages
Locating means the finding of ships, aircraft, units or persons in distress.
Maritime safety information means navigational and meteorological warnings, meteorological forecasts and other urgent safety related messages broadcast to ships.
Polar orbiting satellite service means a service which is based on polar orbiting satellites which receive and relay distress alerts from satellite EPIRBs and which provides their position.
Radio Regulations means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which is in force at any time.
Sea area A1 means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available, as may be defined by a Contracting Government.’
Sea area A2 means an area, excluding sea area Al, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined by a Contracting Government.
Sea area A3 means an area, excluding sea areas Al and A2, within the coverage of an INMARSAT geo-stationary satellite in which continuous alerting is available.
Sea area A4 means an area outside sea areas Al, A2 and A3.
Regulation 4
Every ship, while at sea, shall be capable:
transmitting ship-to-shore distress alerts by at least two and independent means, each using a different radiolocation service;
of receiving shore-to-ship distress alerts;
of transmitting and receiving ship-to-ship distress alerts;
of transmitting and receiving search and rescue coordinating communications;
of transmitting and receiving on-scene communications;
of transmitting and receiving signals for locating;
of transmitting and receiving maritime safety information;
of transmitting and receiving general radiocommunication to and from shore-based radio systems or networks; and
of transmitting and receiving Bridge-to-Bridge communications.
Regulation 5
Provision of radio communication services
These services are:
a radio communication service utilizing geo-stationary satellites in the Maritime Mobile-Satellite Service;
a radio communication service utilizing polar orbiting satellites in the mobile-satellite service;
the maritime mobile service in the bands between 156 MHz and 174 MHz;
the maritime mobile service in the bands between 4,000 kHz and 27,500 kHz; and
the maritime mobile service in the bands between 415 kHz and 535 kHz (NAVTEX system as a component of the World Wide Navigational Warning Service) and between 1,605 kHz and 4,000 kHz.
Part C
Ship requirements
Regulation 6
Radio installations
Every ship shall be provided with radio installations capable of complying with the functional requirements prescribed by SOLAS throughout its intended voyage and, unless exempted for the sea area or areas through which it will pass during its intended voyage.
Every radio installation shall:
be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and so as to ensure electromagnetic compatibility and avoidance of harmful interaction with other equipment and systems;
be so located as to ensure the greatest possible degree of safety and operational availability;
be protected against harmful effects of water, extremes of temperature and other adverse environmental conditions;
be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and
be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation.
Control of the VHF radiotelephone channels, required for navigational safety, shall be immediately available on the navigation bridge convenient to the conning position and, where necessary, facilities should be available to permit radio communication from the wings of the navigation bridge.
Portable VHF equipment may be used to meet the latter provision.
In passenger ships, a distress panel shall be installed at the conning position. This panel shall contain either one single button which, when pressed, initiates a distress alert using all radio communication installations required on board for that purpose or one button for each individual installation.
The panel shall clearly and visually indicate whenever any button or buttons have been pressed.
Means shall be provided to prevent inadvertent activation of the button or buttons.
If the satellite EPIRB is used as the secondary means of distress alerting and is not remotely activated, it shall be acceptable to have an additional EPIRB installed in the wheelhouse near the conning position.
In passenger ships, information on the ship’s position shall be continuously and automatically provided to all relevant radio communication equipment to be included in the initial distress alert when the button or buttons on the distress panel is pressed.
In passenger ships, a distress alarm panel shall be installed at the conning position. The distress alarm panel shall provide visual and aural indication of any distress alert or alerts received on board and shall also indicate through which radio communication service the distress alerts have been received.
Regulation 7
Radio equipment: General
Every ship shall be provided with:
a VHF radio installation capable of transmitting and receiving:
i. DSC on the frequency 156.525 MHz (channel 70). It shall be possible to initiate the transmission of distress alerts on channel 70 from the position from which the ship is normally navigated; (Administrations may exempt certain ships constructed before 01.02.1997, plying in areas A2 from DSC watch if they keep continuous watch on CH.16) and
ii. radiotelephony on the frequencies 156.300 MHz (channel 6), 156.650 MHz (channel 13) and 156.800 MHz (channel 16);
a radio installation capable of maintaining a continuous DSC watch on VHF channel 70 which may be separate from, or combined with, that required by above (Administrations may exempt certain ships constructed before 01.02.1997, plying in areas A2 from DSC watch if they keep continuous watch on CH.16)
a radar transponder capable of operating in the 9 GHz band, which:
i. shall be so stowed that it can be easily utilized; and
ii. may be one of those required by regulation for a survival craft;
a receiver capable of receiving international NAVTEX service broadcasts if the ship is engaged on voyages in any area in which an international NAVTEX service is provided;
a radio facility for reception of maritime safety information by the INMARSAT enhanced group calling system if the ship is engaged on voyages in any area of INMARSAT coverage but in which an international NAVTEX service is not provided. However, ships engaged exclusively on voyages in areas where an HF direct-printing telegraphy maritime safety information service is provided and fitted with equipment capable of receiving such service, may be exempt from this requirement.
a satellite emergency position-indicating radio beacon (satellite EPIRB) which shall be:
i. capable of transmitting a distress alert either through the polar orbiting satellite service operating in the 406 MHz band or, if the ship is engaged only on voyages within INMARSAT coverage, through the INMARSAT geo-stationary satellite service operating in the 1.6 GHz band;
ii. installed in an easily accessible position;
iii. ready to be manually released and capable of being carried by one Person into a survival craft;
iv. capable of floating free if the ship sinks and of being automatically activated when afloat; and
v. capable of being activated manually.
g. Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee, every ship shall, in addition, be fitted with a radio installation consisting of a radiotelephone distress frequency watch receiver capable of operating on 2,182 kHz. (The Maritime Safety Committee, at its sixty-eighth session (28 May to 6 June 1997), decided that watch keeping by GMDSS ships on the frequency 2182 kHz should cease from 1 February 1999).
h. Every passenger ship shall be provided with means for two-way on-scene- radio communication for search and rescue purposes using the aeronautical frequencies 121.5 MHz and 123.1 MHz from the position from which the ship is normally navigated.
Regulation 8
Radio equipment: Sea area Al
In addition to meeting the requirements of regulation 7, every ship engaged on voyages exclusively in sea area Al shall be provided with a radio installation ca able of initiating the transmission of ship-to-shore distress alerts from the position from which the ship is normally navigated, operating either:
on VHF using DSC; this requirement may be fulfilled by the EPIRB, either by installing the EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
if the ship is engaged on voyages within coverage of MF coast stations equipped with DSC, on MF using DSC; or
on HF using DSC; or
through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
i. an INMARSAT ship earth station; (INMARSAT A, B, C all providing 2 way communication) or
ii. the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated.
The VHF radio installation, shall also be capable of transmitting and receiving general radio communication using radiotelephony.
Ships engaged on voyages exclusively in sea area Al may carry, in lieu of the satellite EPIRB, an EPIRB which shall be:
capable of transmitting a distress alert using DSC on VHF channel 70 and providing for locating by means of a radar transponder operating in the 9 GHz band;
installed in an easily accessible position;
ready to be manually released and capable of being carried by one person into a survival craft;
capable of floating free if the ship sinks and being automatically activated when afloat; and
capable of being activated manually.
Regulation 9
Radio equipment: Sea areas A 1 and A2
Every ship engaged on voyages beyond sea area Al, but remaining within sea area A2, shall be provided with:
an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
i. 2,187.5 kHz using DSC; and
ii. 2,182 kHz using radiotelephony;
a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz and
means of initiating the transmission of ship-to-shore distress alerts by a radio service other than MF operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. on HF using DSC; or
iii. through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
o HF
o the satellite EPIRB, by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated.
d. It shall be possible to initiate transmission of distress alerts by the radio installations from the position from which the ship is normally navigated.
e. The ship shall, in addition, be capable of transmitting and receiving general radio communication using radiotelephony or direct-printing telegraphy by either:
i. a radio installation operating on working frequencies in the bands between 1,605 kHz and 4,000 kHz or between 4,000 kHz and 27,500 kHz. This requirement may be fulfilled by the addition of this capability in the equipment; or
ii. an INMARSAT ship earth station.
The Administration may exempt ships constructed before 1 February 1997, which are engaged exclusively on voyages within sea area A2, from the VHF DSC watch requirements of keeping watch on CH.70 provided such ships maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normally navigated.
Regulation 10
Radio equipment: Sea areas A 1, A2 and A3
Every ship engaged on voyages beyond sea areas Al and A2, but remaining within sea area A3, shall be provided with:
a. an INMARSAT ship earth station capable of:
i. transmitting and receiving distress and safety communications using direct-printing telegraphy;
ii. initiating and receiving distress priority calls;
iii. maintaining watch for shore-to-ship distress alerts, including those directed to specifically defined geographical areas;
b. transmitting and receiving general radio communication, using either radiotelephony or direct-printing telegraphy; and
c. an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:
i. 2,187.5 kHz using DSC; and
ii. 2,182 kHz using radiotelephony; and
d. a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz which may be separate from or combined; and
e. means of initiating the transmission of ship-to-shore distress alerts by a radio service operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. on HF using DSC; or
iii. through the INMARSAT geo-stationary satellite service, by an additional ship earth station or by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated;
In addition, every ship engaged on voyages beyond sea areas Al and A2, but remaining within sea area A3, shall, if it does not comply with the requirements of paragraphs above be provide with:
f. an MF/HF radio installation capable of transmitting and receiving, for distress and safety purposes, on all distress and safety frequencies in the bands between 1,605 kHz and 4,000 kHz and between 4,000 kHz and 27,500 kHz:
i. using DSC;
ii. using radiotelephony; and
iii. using direct-printing telegraphy; and
g. equipment capable of maintaining DSC watch on 2,187.5 kHz, 8,414.5 kHz and on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz; at any time, it shall be possible to select any of these DSC distress and safety frequencies.
h. means of initiating the transmission of ship-to-shore distress alerts by a radio communication service other than HF operating either:
i. through the polar orbiting satellite service on 406 MHz; this requirement may be fulfilled by the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; or
ii. through the INMARSAT geo-stationary satellite service; this requirement may be fulfilled by:
iii. an INMARSAT ship earth station; or
iv. the satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated; and
i. in addition, ships shall be capable of transmitting and receiving general radio communication using radiotelephony or direct printing telegraphy by an MF/HF radio installation operating on working frequencies in the bands between 1,605 kHz and 4,000 kHz and between 4,000 kHz and 27,500 kHz.
j. It shall be possible to initiate transmission of distress alerts by the radio installations from the position from which the ship is normally navigated.
k. The Administration may exempt ships constructed before 1 February 1997, and engaged exclusively on voyages within sea areas A2 and A3, from the requirements of keeping watch on DSC Ch.70, provided such ships shall maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normal navigated.
Regulation 12
Watches
Every ship, while at sea, shall maintain a continuous watch:
a. on VHF DSC channel 70, if the ship, is fitted with a VHF radio installation;
b. on the distress and safety DSC frequency 2,187.5 kHz, if the ship, is fitted with an MF radio installation;
c. on the distress and safety DSC frequencies 2,187.5 kHz and 8,414.5 kHz and also on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz, appropriate to the time of day and the geographical position of the ship, if the ship, is fitted with an MF/HF radio installation. This watch may be kept by means of a scanning receiver;
d. for satellite shore-to-ship distress alerts, if the ship, is fitted with an INMARSAT ship earth station.
Every ship, while at sea, shall maintain a radio watch for broadcasts of maritime safety information on the appropriate frequency /s on which such information is broadcast for the area in which the ship is navigating.
Until I February 1999 or until such other date as may be determined by the Maritime Safety Committee, (The Maritime Safety Committee decided (resolution MSC.77(69)) that all GMDSS ships, while at sea, shall continue to maintain, when practicable, continuous listening watch on VHF channel 16 until 1 February 2005) every ship while at sea shall maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the ship is normally navigated.
Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee, every ship required to carry a radiotelephone watch receiver shall maintain, while at sea, a continuous watch on the radiotelephone distress frequency 2,182 kHz. This watch shall be kept at the position from which the ship is normally navigated.
Regulation 13
Sources of energy
There shall be available at all times, while the ship is at sea, a supply of electrical energy sufficient to operate the radio installations and to charge any batteries used as part of a reserve source or sources of energy for the radio installations.
A reserve source or sources of energy shall be provided on every ship, to supply radio installations, for the purpose of conducting distress and safety radio communication, in the event of failure of the ship’s main and emergency sources of electrical power. The reserve source or sources of energy shall be capable of simultaneously operating the VHF radio installation, as appropriate for the sea area or sea areas for which the ship is equipped, and either the MF radio installation, the MF/HF radio installation, or the INMARSAT ship earth station, and any of the additional loads for a period of at least:
a. 1h on ships provided with an emergency source of electrical power if such source of power complies fully with all relevant requirements, including the supply of such power to the radio installations; and
b. 6 h on ships not provided with an emergency source of electrical power complying fully with all relevant provisions of regulations, including the supply of such power to the radio installations. (For guidance, the following formula is recommended for determining the electrical load to be supplied by the reserve source of energy for each radio installation required for distress conditions: ½ of the current consumption necessary for transmission + the current consumption necessary for reception + the current consumption of any additional loads).
The reserve source or sources of energy need not supply independent HF and MF radio installations at the same time.
The reserve source or sources of energy shall be independent of the propelling power of the ship and the ship’s electrical system.
Where, in addition to the VHF radio installation, two or more of the other radio installations, can be connected to the reserve source or sources of energy, they shall be capable of simultaneously supplying, for the period specified, as appropriate, the VHF radio installation and:
a. all other radio installations which can be connected to the reserve source or sources of energy at the same time; or
b. whichever of the other radio installations will consume the most power, if only one of the other radio installations can be connected to the reserve source or sources of energy at the same time as the VHF radio installation.
The reserve source or sources of energy may be used to supply the electrical lighting
Where a reserve source of energy consists of a rechargeable accumulator battery or batteries:
a. a means of automatically charging such batteries shall be provided which shall be capable of recharging them to minimum capacity requirements within 10 h; and
b. the capacity of the battery or batteries shall be checked, using appropriate method, (One method of checking the capacity of an accumulator battery is to fully discharge and recharge the battery, using normal operating current and period (e.g. 10 h). Assessment of the charge condition can be made at any time, but it should 6e done without significant discharge of the battery when the ship is at sea), at intervals not exceeding 12 months, when the ship is not at sea.
The siting and installation of accumulator batteries which provide a reserve source of energy shall be such as to ensure:
a. the highest degree of service;
b. a reasonable lifetime;
c. reasonable safety;
d. that battery temperatures remain within the manufacturer’s specifications whether under charge or idle; and
e. that when fully charged, the batteries will provide at least the minimum required hours of operation under all weather conditions.
If an uninterrupted input of information from the ship’s navigational or other equipment to a radio installation required is needed to ensure its proper performance, means shall be provided to ensure the continuous supply of such information in the event of failure of the ship’s main or emergency source of electrical power.
Regulation 15
Maintenance requirements
Adequate tools and spares shall be provided to enable the equipment to be maintained.
On ships engaged on voyages in sea areas Al and A2, the availability shall be ensured by using such methods as duplication of equipment, shore based maintenance or at-sea electronic maintenance capability, or a combination of these, as may be approved by the Administration.
On ships engaged on voyages in sea areas A3 and A4, the availability shall be ensured by using a combination of at least two methods such as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability, as may be approved by the Administration.
While all reasonable steps shall be taken to maintain the equipment in efficient working order to ensure compliance with all the functional requirements specified in regulation 4, malfunction of the equipment for providing the general radio communication required by regulation 4.8 shall not be considered as making a ship un-seaworthy or as a reason for delaying the ship in ports where repair facilities are not readily available, provided the ship is capable of performing all distress and safety functions.
Regulation 16
Radio personnel
Every ship shall carry personnel qualified for distress and safety, radio communication purposes to the satisfaction of the Administration. The personnel shall be holders of certificates specified in the Radio Regulations as appropriate, any one of whom shall be designated to have primary responsibility for radio communication during distress incidents.
In passenger ships, at least one person qualified in accordance with paragraph above shall be assigned to perform only radio communication duties during distress incidents.
Regulation 17
Radio records
A record shall be kept, to the satisfaction of the Administration and as required by the Radio Regulations, of all incidents connected with the radio communication service, which appear to be of importance to safety of life at sea.
Law of the Sea - I
Conventions on the Law of the Sea
The States Parties to this Convention, prompted by the desire to settle, in a spirit of mutual understanding and co-operation, all issues relating to the law of the sea and aware of the historic significance of this Convention as an important contribution to the maintenance of peace, justice and progress for all the peoples of the world,
Noting that developments since the United Nations Conferences on the Law of the Sea held at Geneva in 1958 and 1960 have accentuated the need for a new and generally acceptable Convention on the law of the sea,
Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole,
Recognising the desirability of establishing, through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources and the study, protection and preservation of the marine environment,
Bearing in mind that the achievement of these goals will contribute to the realization of a just and equitable international economic order which takes into account the interests and needs of mankind as a whole and, in particular, the special interests and needs of developing countries, whether coastal or land-locked,
Desiring by this Convention to develop the principles embodied in resolution 2749 (XXV) of 17 December 1970 in which the General Assembly of the United Nations solemnly declared inter alia that the area of the sea-bed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,
Believing that the codification and progressive development of the law of the sea achieved in this Convention will contribute to the strengthening of peace, security, co-operation and friendly relations among all nations in conformity with the principles of justice and equal rights and will promote the economic and social advancement of all peoples of the world, in accordance with the Purposes and Principles of the United Nations as set forth in the Charter,
Affirming that matters not regulated by this Convention continue to be governed by the rules and principles of general international law, have agreed to the convention.
Definitions:
‘Pollution of the marine environment’ means the introduction by man, directly or indirectly, of substances or energy into the marine environment, including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;
‘Dumping’ means:
(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea.
(b) ‘dumping’ does not include:
(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures;
Force Majeure literally means “greater force”. These clauses excuse a party from liability if some unforseen event beyond the control of that party prevents it from performing its obligations under the contract. Typically, force majeure clauses cover natural disasters or other “Acts of God”, war, or the failure of third parties—such as suppliers and subcontractors—to perform their obligations to the contracting party. It is important to remember that force majeure clauses are intended to excuse a party only if the failure to perform could not be avoided by the exercise of due care by that party.
Territorial Sea and the Contiguous Zone
Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law.
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention.
Internal waters
1. Except as provided in Part IV of UNCLOS, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the state.
2. Where the establishment of a straight baseline in accordance with the method set forth in article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters.
Roadsteads
Roadsteads which are normally used for the loading, unloading and anchoring of ships, and which would otherwise be situated wholly or partly outside the outer limit of the territorial sea, are included in the territorial sea.
Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
Meaning of passage
1. Passage means navigation through the territorial sea for the purpose of:
(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities
(j) the carrying out of research or survey activities
(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.
Laws and regulations of the coastal State relating to innocent passage
1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d ) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the disign, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea.
Sea lanes and traffic separation schemes in the territorial sea
1. The coastal State may, where necessary having regard to the safety of navigation, require the foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships.
2. In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes.
3. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account:
(a) the recommendations of the competent international organization;
(b) any channels customarily used for international navigation;
(c) the special characteristics of particular ships and channels; and (d ) the density of traffic.
4. The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given.
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances
Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements.
Rights of protection of the coastal State
1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
2. In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
3. The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published.
Charges which may be levied upon foreign ships
1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
2. Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.
3. In the cases provided for in paragraphs 1 and 2, the coastal State shall, if the master so requests, notify a diplomatic agent or consular officer of the flag State before taking any steps, and shall facilitate contact between such agent or officer and the ship’s crew. In cases of emergency this notification may be communicated while the measures are being taken.
4. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation.
5. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.
Civil jurisdiction in relation to foreign ships
1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.
2. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.
3. Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving
internal waters.
CONTIGUOUS ZONE
Contiguous zone
1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to:
(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
(b) punish infringement of the above laws and regulations committed within its territory or territorial sea.
2. The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Law of the Sea - II
International Straits
Legal status of waters forming straits used for international navigation
1. The passage through straits used for international navigation shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.
2. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law.
Right of transit passage
1. In straits, all ships enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.
2. Transit passage means the exercise of the freedom of navigation solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.
3. Any activity, which is not, an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention.
Transit Passage
Transit passage means the travel through straits which are used for international navigation between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
Duties of ships during transit passage
1. Ships, while exercising the right of transit passage, shall:
(a) proceed without delay through or over the strait;
(b) refrain from any threat or use of force against the sovereignty territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(c) refrain from any activities other than those incident to their normal modes of continuous and expeditious transit unless rendered necessary by force majeure or by distress;
Ships in transit passage shall:
(a) comply with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea;
(b) comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships.
Sea-lanes and traffic separation schemes in straits used for international navigation
1. In conformity with this Part, States bordering straits may designate sea-lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships.
2. Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them.
3. Such sea-lanes and traffic separation schemes shall conform to generally accepted international regulations.
4. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea-lanes and traffic separation schemes as may be agreed with the States bordering the straits, after which the States may designate, prescribe or substitute them.
5. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall co-operate in formulating proposals in consultation with the competent international organization.
6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given.
7. Ships in transit passage shall respect applicable sea-lanes and traffic separation schemes established in accordance with this article.
Laws and regulations of States bordering straits relating to transit passage
1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic,
(b) the prevention, reduction and control of pollution, by giving effect to applicable international regulations regarding the discharge of oil, oily wastes and other noxious substances in the strait;
(c) with respect to fishing vessels, the prevention of fishing, including the stowage of fishing gear;
(d) the loading or unloading of any commodity, currency or person in contravention of the customs, fiscal, immigration or sanitary laws and regulations of States bordering straits.
2. Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section.
3. States bordering straits shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of transit passage shall comply with such laws and regulations.
5. The flag State of a ship entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits.
Straits used for Innocent passage
1. The regime of innocent passage, shall apply in straits used for international navigation:
(a) excluded from the application of the regime of transit passage; or
(b) between a part of the high seas or an exclusive economic zone and the territorial sea of a foreign State.
2. There shall be no suspension of innocent passage through such straits.
Archipelago and archipelagic states
Definitions
‘Archipelagic State’ means a State constituted wholly by one or more archipelagos and may include other islands;
‘Archipelago’ means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.
Right of innocent passage
1. ships of all States enjoy the right of innocent passage through archipelagic waters.
2. The archipelagic State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its archipelagic waters the innocent passage of foreign ships if such suspension is essential for the protection of its security. Such suspension shall take effect only after having been duly published.
Right of archipelagic sea lanes passage
1. An archipelagic State may designate sea-lanes, suitable for the continuous and expeditious passage of foreign ships through or over its archipelagic waters and the adjacent territorial sea.
2. All ships enjoy the right of archipelagic sea-lanes passage in such sea-lanes.
3. Archipelagic sea-lanes passage means the exercise in accordance with this Convention of the rights of navigation in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
4. Such sea lanes shall traverse the archipelagic waters and the adjacent territorial sea and shall include all normal passage routes used as routes for international navigation through or over archipelagic waters and, within such routes, so far as ships are concerned, all normal navigational channels, provided that duplication of routes of similar convenience between the same entry and exit points shall not be necessary.
5. Such sea lanes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points. Ships in archipelagic sea lanes passage shall not deviate more than 25 nautical miles to either side of such axis lines during passage, provided that such ships shall not navigate closer to the coasts than l0 per cent of the distance between the nearest points on islands bordering the sea lane.
6. An archipelagic State which designates sea lanes may also prescribe traffic separation schemes for the safe passage of ships through narrow channels in such sea lanes.
7. An archipelagic State may, when circumstances require, after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by it.
8. Such sea-lanes and traffic separation schemes shall conform to generally accepted international regulations.
9. In designating or substituting sea-lanes or prescribing or substituting traffic separation schemes, an archipelagic State shall refer proposals to the competent international organization with a view to their adoption. The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the archipelagic State, after which the archipelagic State may designate, prescribe or substitute them.
10. The archipelagic State shall clearly indicate the axis of the sea lanes and the traffic separation schemes designated or prescribed by it on charts to which due publicity shall be given.
11. Ships in archipelagic sea-lanes passage shall respect applicable sea-lanes and traffic separation schemes established.
12. If an archipelagic State does not designate sea-lanes, the right of archipelagic sea lanes passage may be exercised through the routes normally used for international navigation.
For ships in transit through archipelagic passage the duties are as for when in transit through international straits referred to in Transit passage.
Similarly the laws and regulations of states bordering straits relating to transit passage are to be read when transiting through archipelagic straits.
Exclusive Economic Zones
The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.
Breadth of the exclusive economic zone
The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Continental shelf
1. The continental shelf of a coastal State comprises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.
3. The continental margin comprises the submerged prolongation of the landmass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof.
Artificial islands, installations and structures in the exclusive economic zone
1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of:
(a) artificial islands; (b) installations and structures
2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations and structures, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations.
3. Due notice must be given of the construction of such artificial islands, installations or structures, and permanent means for giving warning of their presence must be maintained. Any installations or structures which are abandoned or disused shall be removed to ensure safety of navigation, taking into account any generally accepted international standards established in this regard by the competent international organization. Such removal shall also have due regard to fishing, the protection of the marine environment and the rights and duties of other States. Appropriate publicity shall be given to the depth, position and dimensions of any installations or structures not entirely removed.
4. The coastal State may, where necessary, establish reasonable safety zones around such artificial islands, installations and structures in which it may take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations an, structures.
5. The breadth of the safety zones shall be determined by the coastal State, taking into account applicable international standards. Such zones shall be designed to ensure that they are reasonably related to the nature and function of the artificial islands, installations or structures, and shall not exceed a distance of 500 metres around, them, measured from each point of their outer edge, except an authorized by generally accepted international standards or a recommended by the competent international organization. Due notice shall be given of the extent of safety zones.
6. All ships must respect these safety zones and shall comply with generally accepted international standards regarding navigation in the vicinity of artificial islands, installations, structures and safety zones.
7. Artificial islands, installations and structures and the safety zone round them may not be established where interference may be caused to the use of recognized sea-lanes essential to international navigation.
8. Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own, and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.
Law of the Sea - III
HIGH SEAS
Applicable to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. This does not entail in any reduction of the freedoms enjoyed by all States in the exclusive economic zone.
Freedom of the high seas
1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down and by other rules of international law. It comprises, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of over flight;
(c) freedom to lay submarine cables and pipelines,
(d) freedom to construct artificial islands and other installations permitted under international law,
(e) freedom of fishing,
(f) freedom of scientific research,
2. These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area.
The high seas shall be reserved for peaceful purposes.
No State may validly purport to subject any part of the high seas to its sovereignty.
Every State, whether coastal or land-locked, has the right to sail ships flying its flag on the high seas.
Nationality of ships
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to ny its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag, documents to that effect.
Status of ships
1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.
2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.
Duties of the flag State
1. Every State shall effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
2. In particular every State shall:
(a) maintain a register of ships containing the names and particulars of ships flying its flag, except those which are excluded from generally accepted international regulations on account of their small size;
and (b) assume jurisdiction under its internal law over each ship flying its nag and its master, officers and crew in respect of administrative, technical and social matters concerning the ship.
3. Every State shall take such measures for ships flying its flag as are necessary to ensure safety at sea with regard, to:
(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the prevention of collisions.
4. Such measures shall include those necessary to ensure:
(a) that each ship, before registration and thereafter at appropriate intervals, is surveyed by a qualified surveyor of ships, and has on board such charts, nautical publications and navigational equipment and instruments as are appropriate for the safe navigation of the ship;
(b) that each ship is in the charge of a master and officers who possess appropriate qualifications, in particular in seamanship, navigation, communications and marine engineering, and that the crew is appropriate in qualification and numbers for the type, size, machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio.
5. In taking the measures called for in paragraphs 3 and 4 each State is required to conform to generally accepted international regulations, procedures and practices and to take any steps which may be necessary to secure their observance.
6. A State which has clear grounds to believe that proper jurisdiction and control with respect to a ship have not been exercised may report the facts to the flag State. Upon receiving such a report, the flag State shall investigate the matter and, if appropriate, take any action necessary to remedy the situation.
7. Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or incident of navigation.
Penal jurisdiction in matters of collision or any other incident of navigation
1. In the event of a collision or any other incident of navigation concerning a ship on the high seas, involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, no penal or disciplinary proceedings may be instituted against such person except before the judicial or administrative authorities either of the flag State or of the State of which such person is a national.
International Convention on Load Lines, 1966 (LL 1966), as amended
General provisions
No ship to which the present Convention applies shall proceed to sea on an international voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and provided with an International Load Line Certificate (1966) or, where appropriate, an International Load Line Exemption Certificate in accordance with the provisions of the present Convention.
Nothing in this Convention shall prevent an Administration from assigning a greater freeboard than the minimum freeboard determined in accordance with Annex I.
Application
The present Convention shall apply to:
(a) ships registered in countries the Governments of which are Contracting Governments;
(b) ships registered in territories to which the present Convention is extended under Article 32; and
(c) unregistered ships flying the flag of a State, the Government of which is a Contracting Government.
The present Convention shall apply to ships engaged on international voyages.
The Regulations contained in Annex I are specifically applicable to the new ships.
Existing ships which do not fully comply with the requirements of the Regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Administration applied to ships on international voyages prior to the coming into force of the present Convention; in no case shall such ships be required to increase their freeboards. In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all the requirements of the present Convention.
The Regulations contained in Annex II are applicable to new and existing ships to which the present Convention applies.
Duration of certificates
An International Load Line Certificate (1966) shall be issued for a period specified by the Administration, which shall not exceed five years from the date of issue.
If, after the periodical survey, a new certificate cannot be issued to the ship before the expiry of the certificate originally issued, the person or organization carrying out the survey may extend the validity of the original certificate for a period which shall not exceed five months. This extension shall be endorsed on the certificate, and shall be granted only where there have been no alterations in the structure, equipment, arrangements, material or scantlings which affect the ship’s freeboard.
An International Load Line Certificate (1966) shall be cancelled by the Administration if any of the following circumstances exist:
(a) material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;
(b) the fittings and appliances mentioned in sub-paragraph (c) of paragraph (1) of Article 14 are not maintained in an effective condition;
(c) the certificate is not endorsed to show that the ship has been inspected
(d) the structural strength of the ship is lowered to such an extent that the ship is unsafe.
The duration of an International Load Line Exemption Certificate issued by an Administration to a ship shall not exceed five years from the date of issue. Such certificate shall be subject to a renewal, endorsement and cancellation procedure similar to that provided for an International Load Line Certificate (1966) under this Article.
The duration of an International Load Line Exemption Certificate issued to a ship shall be limited to a single voyage for which it is issued.
A certificate issued to a ship by an Administration shall cease to be valid upon the transfer of such a ship to the flag of another State.
Control
Ships holding a certificate are subject, when in the ports of other Contracting Governments, to control by officers duly authorized by such Governments. Contracting Governments shall ensure that such control is exercised as far as is reasonable and practicable with a view to verifying that there is on board a valid certificate under the present Convention. If there is a valid International Load Line Certificate (1966) on board the ship, such control shall be limited to the purpose of determining that:
(a) the ship is not loaded beyond the limits allowed by the certificate;
(b) the position of the load line of the ship corresponds with certificate; and
(c) the ship has not been so materially altered that the ship is manifestly unfit to proceed to sea without danger to human life.
If there is a valid International Load Line Exemption Certificate on board, such control shall be limited to the purpose of determining that any conditions stipulated in that certificate are complied with.
If such control is exercised, it shall only be exercised in so far as may be necessary to ensure that the ship shall not sail until it can proceed to sea without danger to the passengers or the crew.
In the event of the control provided for in this Article giving rise to intervention of any kind, the officer carrying out the control shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the ship is flying of this decision and of all the circumstances in which intervention was deemed to be necessary.
Definitions
Freeboard. The freeboard assigned is the distance measured vertically downwards amidships from the upper edge of the deck line to the upper edge of the related load line.
Freeboard deck. The freeboard deck is normally the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings in the weather part thereof, and below which all the openings in the sides of the ship are fitted with permanent means of watertight closing. In a ship having a discontinuous freeboard deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. At the option of the owner and subject to the approval of the Administration, a lower deck may be designated as the freeboard deck, provided it is a complete and permanent deck continuous in a fore and aft direction at least between the machinery space and peak bulkheads and continuous athwartships. When this lower deck is stepped the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. When a lower deck is designated as the freeboard deck, that part of the hull which extends above the freeboard deck is treated as a superstructure so far as concerns the application of the conditions of assignment and the calculation of freeboard. It is from this deck that the freeboard is calculated.
Superstructure
(a) A superstructure is a decked structure on the freeboard deck, extending from side to side of the ship or with the side plating not being inboard of the shell plating more than 4 per cent of the breadth (B). A raised quarter deck is regarded as a superstructure.
(b) An enclosed superstructure is a superstructure with:
(i) enclosing bulkheads of efficient construction;
(ii) access openings, if any, in these bulkheads fitted with doors complying with the requirements of Regulation 12;
(iii) all other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.
A bridge or poop shall not be regarded as enclosed unless access is provided for the crew to reach machinery and other working spaces inside these superstructures by alternative means which are available at all times when bulkhead openings are closed.
(c) The height of a superstructure is the least vertical height measured at side from the top of the superstructure deck beams to the top of the freeboard deck beams.
(d) The length of a superstructure (S) is the mean length of the part of the superstructure which lies within the length (L).
Deck line
The deck line is a horizontal line 300 millimetres in length and 25 millimetres in breadth. It shall be marked amidships on each side of the ship, and its upper edge shall normally pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell, provided that the deck line may be placed with reference to another fixed point on the ship on condition that the freeboard is correspondingly corrected. The location of the reference point and the identification of the freeboard deck shall in all cases be indicated on the International Load Line Certificate (1966).
Load Line Mark
The Load Line Mark shall consist of a ring 300 millimetres in outside diameter and 25 millimetres wide which is intersected by a horizontal line 450 millimetres in length and 25 millimetres in breadth, the upper edge of which passes through the centre of the ring. The centre of the ring shall be placed amidships and at a distance equal to the assigned summer freeboard measured vertically below the upper edge of the deck line.
Lines to be used with the Load Line Mark
The lines which indicate the load line assigned in accordance with these Regulations shall be horizontal lines 230 millimetres in length and 25 millimetres in breadth which extend forward of, unless expressly provided otherwise, and at right angles to, a vertical line 25 millimetres in breadth marked at a distance 540 millimetres forward of the centre of the ring.
The following load lines shall be used:
(a) The Summer Load Line indicated by the upper edge of the line which passes through the centre of the ring and also by a line marked S.
(b) The Winter Load Line indicated by the upper edge of a line marked W.
(c) The Winter North Atlantic Load Line indicated by the upper edge of a line marked WNA.
(d) The Tropical Load Line indicated by the upper edge of a line marked T.
(e) The Fresh Water Load Line in summer indicated by the upper edge of a line marked F. The Fresh Water Load Line in summer is marked abaft the vertical line. The difference between the Fresh Water Load Line in summer and the Summer Load Line is the allowance to be made for loading in fresh water at the other load lines.
(f) The Tropical Fresh Water Load Line indicated by the upper edge of a line marked TF, and marked abaft the vertical line.
If timber freeboards are assigned in accordance with these Regulations, the timber load lines shall be marked in addition to ordinary load lines. These lines shall be horizontal lines 230 millimetres in length and 25 millimetres in breadth which extend abaft unless expressly provided otherwise, and are at right angles to, a vertical line 25 millimetres in breadth marked at a distance 540 millimetres abaft the centre of the ring.
The following timber load lines shall be used:
(a) The Summer Timber Load Line indicated by the upper edge of a line marked LS.
(b) The Winter Timber Load Line indicated by the upper edge of a line marked LW.
(c) The Winter North Atlantic Timber Load Line indicated by the upper edge of a line marked LWNA
(d) The Tropical Timber Load Line indicated by the upper edge of a line marked LT.
(e) The Fresh Water Timber Load Line in summer indicated by the upper edge of a line marked LF and marked forward of the vertical line.
The difference between the Fresh Water Timber Load Line in summer and the Summer Timber Load Line is the allowance to be made for loading in fresh water at the other timber load lines.
(f) The Tropical Fresh Water Timber Load Line indicated by the upper edge of a line marked LTF and marked forward of the vertical line.
Where the characteristics of a ship or the nature of the ship’s service or navigational limits make any of the seasonal lines inapplicable, these lines may be omitted.
Where a ship is assigned a greater than minimum freeboard so that the load line is marked at a position corresponding to, or lower than, the lowest seasonal load line assigned at minimum freeboard in accordance with the present Convention, only the Fresh Water Load Line need be marked.
On sailing ships only the Fresh Water Load Line and the Winter North Atlantic Load Line need be marked.
Where a Winter North Atlantic Load Line is identical with the Winter Load Line corresponding to the same vertical line, this load line shall be marked W.
Additional load lines required by other international conventions in force may be marked at right angles to and abaft the vertical line specified in paragraph (1) of this Regulation.
Mark of assigning authority
The mark of the Authority by whom the load lines are assigned may be indicated alongside the load line ring above the horizontal line which passes through the centre of the ring, or above and below it. This mark shall consist of not more than four initials to identify the Authority’s name, each measuring approximately 115 millimetres in height and 75 millimetres in width.
Details of marking
The ring, lines and letters shall be painted in white or yellow on a dark ground or in black on a light ground. They shall also be permanently marked on the sides of the ships to the satisfaction of the Administration. The marks shall be plainly visible and, if necessary, special arrangements shall be made for this purpose.
Verification of marks
The International Load Line Certificate (1966) shall not be delivered to the ship until the officer or surveyor acting under the provisions of Article 13 of the present Convention has certified that the marks are correctly and permanently indicated on the ship’s sides.
Position of hatchways, doorways and ventilators
For the purpose of the Regulations, two positions of hatchways, doorways and ventilators are defined as follows:
Position 1 - Upon exposed freeboard and raised quarter decks, and upon exposed superstructure decks situated forward of a point located a quarter of the ship’s length from the forward perpendicular.
Position 2 - Upon exposed superstructure decks situated abaft a quarter of the ship’s length from the forward perpendicular.
Where covers are made of mild steel the strength shall be calculated with assumed loads not less than 1.75 metric tons per square metre on hatchways in position 1, and not less than 1.30 metric tons per square metre on hatchways in position 2, and the product of the maximum stress thus calculated and the factor 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads.
The assumed loads on hatchways in position 1 may be reduced to 1 metric ton per square metre for ships or 24 metres in length and shall be not less than 1.75 metric tons per square metre for ships 100 metres in length. The corresponding loads on hatchways in position 2 may be reduced to 0.75 metric tons per square metre and 1.30 metric tons per square metre respectively. In all cases values at intermediate lengths shall be obtained by interpolation.
Ventilators
Ventilators in position 1 or 2 to spaces below freeboard decks or decks of enclosed superstructures shall have coamings of steel or other equivalent material, substantially constructed and efficiently connected to the deck. Where the coaming of any ventilator exceeds 900 millimetres in height it shall be specially supported.
Ventilators passing through superstructures other than enclosed superstructures shall have substantially constructed coamings of steel or other equivalent material at the freeboard deck.
Ventilators in position 1 the coamings of which extend to more than 4.5 metres above the deck, and in position 2 the coamings of which extend to more than 2.3 metres above the deck, need not be fitted with closing arrangements unless specifically required by the Administration.
Ventilator openings shall be provided with efficient weathertight closing appliances. In ships of not more than 100 metres in length the closing appliances shall be permanently attached; where not so provided in other ships, they shall be conveniently stowed near the ventilators to which they are to be fitted. Ventilators in position 1 shall have coamings of a height of at least 900 millimetres above the deck; in position 2 the coamings shall be of a height at least 760 millimetres above the deck.
In exposed positions, the height of coamings may be required to be increased to the satisfaction of the Administration.
Air pipes
Where air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts of the pipes shall be of substantial construction; the height from the deck to the point where water may have access below shall be at least 760 millimetres on the freeboard deck and 450 millimetres on the superstructure deck. Where these heights may interfere with the working of the ship, a lower height may be approved, provided the Administration is satisfied that the closing arrangements and other circumstances justify a lower height. Satisfactory means permanently attached, shall be provided for closing the openings of the air pipes.
Protection of the crew
The strength of the deckhouses used for the accommodation of the crew shall be to the satisfaction of the Administration.
Efficient guard rails or bulwarks shall be fitted on all exposed parts of the freeboard and superstructure decks. The height of the bulwarks or guard rails shall be at least 1 metre from the deck, provided that where this height would interfere with the normal operation of the ship, a lesser height may be approved if the Administration is satisfied that adequate protection is provided.
The opening below the lowest course of the guard rails shall not exceed 230 millimetres. The other courses shall be not more than 380 millimetres apart. In the case of ships with rounded gunwales the guard rail supports shall be placed on the flat of the deck.
Satisfactory means (in the form of guard rails, life lines, gangways or underdeck passages etc) shall be provided for the protection of the crew in getting to and from their quarters, the machinery space and all other parts used in the necessary work of the ship.
Deck cargo carried on any ship shall be so stowed that any opening which is in way of the cargo and which gives access to and from the crew’s quarters, the machinery space and all other parts used in the necessary work of the ship, can be properly closed and secured against the admission of water. Effective protection for the crew in the form of guard rails or life lines shall be provided above the deck cargo if there is no convenient passage on or below the deck of the ship.
International Tonnage Convention
International Convention on Tonnage Measurement of Ships, 1969 (London, 23 June 1969)
Definitions
“international voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country;
“gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of the present Convention;
“net tonnage” means the measure of the useful capacity of a ship determined in accordance with the provisions of the present Convention;
“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date of coming into force of the present Convention;
“existing ship” means a ship which is not a new ship;
The present Convention shall apply to:
(a) new ships;
(b) existing ships which undergo alterations or modifications which the Administration deems to be a substantial variation in their existing gross tonnage;
(c) existing ships if the owner so requests; and
(d) all existing ships, twelve years after the date on which the Convention comes into force, except that such ships, apart from those mentioned in (b) and (c) of this paragraph, shall retain their then existing tonnages for the purpose of the application to them of relevant requirements under other existing International Conventions.
Existing ships to which the present Convention has been applied in accordance with sub-paragraph (c) of this Article shall not subsequently have their tonnages determined in accordance with the requirements which the Administration applied to ships on international voyages prior to the coming into force of the present Convention.
Issue of certificate
(1) An International Tonnage Certificate (1969) shall be issued to every ship, the gross and net tonnages of which have been determined in accordance with the present Convention.
(2) Such certificate shall be issued by the Administration or by any person or organization duly authorized by it. In every case, the Administration shall assume full responsibility for the certificate.
Cancellation of certificate
(1) Subject to any exceptions provided in the Regulations, an International Tonnage Certificate (1969) shall cease to be valid and shall be cancelled by the Administration if alterations have taken place in the arrangement, construction, capacity, use of spaces, total number of passengers the ship is permitted to carry as indicated in the ship’s passenger certificate, assigned load line or permitted draught of the ship, such as would necessitate an increase in gross tonnage or net tonnage.
(2) A certificate issued to a ship by an Administration shall cease to be valid upon transfer of such a ship to the flag of another State, except as provided in paragraph (3) of this Article.
(3) Upon transfer of a ship to the flag of another State the Government of which is a Contracting Government, the International Tonnage Certificate (1969) shall remain in force for a period not exceeding three months, or until the Administration issues another International Tonnage Certificate (1969) to replace it, whichever is the earlier. The Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the certificate carried by the ship at the time of transfer and a copy of the relevant tonnage calculations.
Inspection
(1) A ship flying the flag of a State the Government of which is a Contracting Government shall be subject, when in the ports of other Contracting Governments, to inspection by officers duly authorized by such Governments. Such inspection shall be limited to the purpose of verifying:
(a) that the ship is provided with a valid International Tonnage Certificate (1969); and
(b) that the main characteristics of the ship correspond to the data given in the certificate.
(2) In no case shall the exercise of such inspection cause any delay to the ship.
(3) Should the inspection reveal that the main characteristics of the ship differ from those entered on the International Tonnage Certificate (1969) so as to lead to an increase in the gross tonnage or the net tonnage, the Government of the State whose flag the ship is flying shall be informed without delay.
Athens Convention
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea
Definitions
In this Convention the following expressions have the meaning hereby assigned to them:
“Carrier” means a person by or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually performed by him or by a performing carrier;
“Performing carrier” means a person other than the carrier, being the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage;
“Ship” means only a seagoing vessel, excluding an air-cushion vehicle;
“Passenger” means any person carried in a ship,
(a) Under a contract of carriage, or
(b) Who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods not governed by this Convention;
“Luggage” means any article or vehicle carried by the carrier under a contract of carriage, excluding:
(a) Articles and vehicles carried under a charter party, bill of lading or other contract primarily concerned with the carriage of goods, and
(b) Live animals;
“Cabin luggage” means luggage, which the passenger has in his cabin or is otherwise in his possession, custody or control. Except for some restrictions, cabin luggage includes luggage, which the passenger has in or on his vehicle;
“Carriage” covers the following periods:
(a) with regard to the passenger and his cabin luggage, the period during which the passenger and/or his cabin luggage are on board the ship or in the course of embarkation or disembarkation, and the period during which the passenger and his cabin luggage are transported by water from land to the ship or vice-versa, if the cost of such transport is included in the fare or if the vessel used for this purpose of auxiliary transport has been put at the disposal of the passenger by the carrier.
However, with regard to the passenger, carriage does not include the period during which he is in a marine terminal or station or on a quay or in or on any other port installation;
(b) With regard to cabin luggage, also the period during which the passenger is in a marine terminal or station or on a quay or in or on any other port installation if that luggage has been taken over by the carrier or his servant or agent and has not been re-delivered to the passenger;
(c) With regard to other luggage which is not cabin luggage, the period from the time of its taking over by the carrier or his servant or agent on shore or on board until the time of its re-delivery by the carrier or his servant or agent;
“International carriage” means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State;
Application
This Convention shall apply to any international carriage if
(a) The ship is flying the flag of or is registered in a State Party to this Convention, or
(b) The contract of carriage has been made in a State Party to this Convention, or
(c) The place of departure or destination, according to the contract of carriage, is in a State Party to this Convention.
This Convention shall not apply when the carriage is subject, under any other international convention concerning the carriage of passengers or luggage by another mode of transport, to a civil liability regime under the provisions of such convention, in so far as those provisions have mandatory application to carriage by sea.
Liability of the carrier
The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a passenger and the loss of or damage to luggage if the incident which caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier or of his servants or agents acting within the scope of their employment.
The burden of proving that the incident which caused the loss or damage occurred in the course of the carriage, and the extent of the loss or damage, shall lie with the claimant.
Fault or neglect of the carrier or of his servants or agents acting within the scope of their employment shall be presumed, unless the contrary is proved, if the death of or personal injury to the passenger or the loss of or damage to cabin luggage arose from or in connection with shipwreck, collision, stranding, explosion or fire, or defect in the ship. In respect of loss of or damage to other luggage, such fault or neglect shall be presumed, unless the contrary is proved, irrespective of the nature of the incident which caused the loss or damage. In all other cases the burden of proving fault or neglect shall lie with the claimant.
Valuables
The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewellery, ornaments, works of art, or other valuables, except where such valuables have been deposited with the carrier for the agreed purpose of safe-keeping in which case the carrier shall be liable up to the limit provided for in this convention.
Contributory fault
If the carrier proves that the death of or personal injury to a passenger or the loss of or damage to his luggage was caused or contributed to by the fault or neglect of the passenger, the court seized of the case may exonerate the carrier wholly or partly from his liability in accordance with the provisions of the law of that court.
Limit of liability for personal injury
The liability of the carrier for the death of or personal injury to a passenger shall in no case exceed 700,000 francs per carriage. Where in accordance with the law of the court seized of the case damages are awarded in the form of periodical income payments, the equivalent capital value of those payments shall not exceed the said limit.
The national law of any State Party to this Convention may fix, as far as carriers who are nationals of such State are concerned, a higher per capita limit of liability.
Limit of liability for loss of or damage to luggage
The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed 12,500 francs per passenger, per carriage.
The liability of the carrier for the loss of or damage to vehicles including all luggage carried in or on the vehicle shall in no case exceed 50,000 francs per vehicle, per carriage.
The liability of the carrier for the loss of or damage to luggage other than that mentioned shall in no case exceed 18,000 francs per passenger, per carriage.
The carrier and the passenger may agree that the liability of the carrier shall be subject to a deductible not exceeding 1,750 francs in the case of damage to a vehicle and not exceeding 200 francs per passenger in the case of loss of or damage to other luggage, such sum to be deducted from the loss or damage.
Monetary unit and conversion
The franc mentioned in this Convention shall be deemed to refer to a unit consisting of 65.5 milligrams of gold of millesimal fineness 900.
The amounts referred shall be converted into the national currency of the State of the court seized of the case on the basis of the official value of that currency, by reference to the unit defined, on the date of the judgment or the date agreed upon by the parties. If there is no such official value, the competent authority of the State concerned shall determine what shall be considered as the official value for the purpose of this Convention.
Defences and limits for carriers’ servants
If an action is brought against a servant or agent of the carrier or of the performing carrier arising out of damage covered by this Convention, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the defences and limits of liability which the carrier or the performing carrier is entitled to invoke under this Convention.
Aggregation of claims
Where the limits of liability prescribed take effect, they shall apply to the aggregate of the amounts recoverable in all claims arising out of the death of or personal injury to any one passenger or the loss of or damage to his luggage.
In relation to the carriage performed by a performing carrier, the aggregate of the amounts recoverable from the carrier and the performing carrier and from their servants and agents acting within the scope of their employment shall not exceed the highest amount which could be awarded against either the carrier or the performing carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.
In any case where a servant or agent of the carrier or of the performing carrier is entitled to avail himself of the limits of liability prescribed in Articles 7 and 8, the aggregate of the amounts recoverable from the carrier, or the performing carrier as the case may be, and from that servant or agent, shall not exceed those limits.
Loss of right to limit liability
The carrier shall not be entitled to the benefit of the limits of liability prescribed, if it is proved that the damage resulted from an act or omission of the carrier done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
The servant or agent of the carrier or of the performing carrier shall not be entitled to the benefit of those limits if it is proved that the damage resulted from an act or omission of that servant or agent done with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
Competent jurisdiction
An action arising under this Convention shall, at the option of the claimant, be brought before one of the courts listed below, provided that the court is located in a State Party to this Convention:
(a) the court of the place of permanent residence or principal place of business of the defendant, or
(b) the court of the place of departure or that of the destination according to the contract of carriage, or
(c) a court of the State of the domicile or permanent residence of the claimant, if the defendant has a place of business and is subject to jurisdiction in that State, or
(d) a court of the State where the contract of carriage was made, if the defendant has a place of business and is subject to jurisdiction in that State.
After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damages shall be submitted to any jurisdiction or to arbitration.
Invalidity of contractual provisions
Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to his luggage, purporting to relieve the carrier of his liability towards the passenger or to prescribe a lower limit of liability than that fixed in this Convention, and any such provision purporting to shift the burden of proof which rests on the carrier, or having the effect of restricting the option, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provisions of this Convention.
Pollution Prevention
MARPOL
International Convention for the Prevention of Pollution from Ships, 1973, and the Protocol of 1978 relating thereto (MARPOL 73/78)
Definitions
Harmful substance means any substance, which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention.
Discharge, in relation to harmful substances or effluents containing such substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;
Discharge does not include:
(i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, done at London on 13 November 1972; or
(ii) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources; or
(iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement or control.
Ship means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms.
Incident means an event involving the actual or probable discharge into the sea of a harmful substance, or effluents containing such a substance.
Violation
Any violation of the requirements of the present Convention shall be prohibited and sanctions shall be established therefore under the law of the Administration of own country of the ship concerned wherever the violation occurs. If the Administration of own country is informed of such a violation and is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken as soon as possible, in accordance with its law.
Whenever such a violation occurs, that Country shall either:
(a) Cause proceedings to be taken in accordance with its law; or
(b) Furnish to the Administration of own country of the ship such information and evidence as may be in its possession that a violation has occurred.
Where information or evidence with respect to any violation of the present Convention by a ship is furnished to the Administration of own country of that ship, the Administration of own country shall promptly inform the Country, which has furnished the information or evidence, and the Organization, of the action taken.
The penalties specified under the law of a Country pursuant to the present article shall be adequate in severity to discourage violations of the present Convention and shall be equally severe irrespective of where the violations occur.
Detection of violations and enforcement of the Convention
Countries shall co-operate in the detection of violations and the enforcement of the provisions of the present Convention, using all appropriate and practicable measures of detection and environmental monitoring, adequate procedures for reporting and accumulation of evidence.
A ship to which the present Convention applies may, in any port or offshore terminal of a Country, be subject to inspection by officers appointed or authorized by that Country for the purpose of verifying whether the ship has discharged any harmful substances in violation of the provisions of the regulations. If an inspection indicates a violation of the Convention, a report shall be forwarded to the Administration of own country for any appropriate action.
Any Country shall furnish to the Administration of own country evidence, if any, that the ship has discharged harmful substances or effluents containing such substances in violation of the provisions of the regulations. If it is practicable to do so, the competent authority of the former Country shall notify the master of the ship of the alleged violation.
Upon receiving such evidence, the Administration of own country so informed shall investigate the matter, and may request the other Country to furnish further or better evidence of the alleged contravention. If the Administration of own country is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation, it shall cause such proceedings to be taken in accordance with its law as soon as possible. The Administration of own country shall promptly inform the Country which has reported the alleged violation, as well as the Organization, of the action taken.
A Country may also inspect a ship to which the present Convention applies when it enters the ports or offshore terminals under its jurisdiction, if a request for an investigation is received from any Country together with sufficient evidence that the ship has discharged harmful substances or effluents containing such substances in any place. The report of such investigation shall be sent to the Country requesting it and to the Administration of own country so that the appropriate action may be taken under the present Convention.
Port State control on operational requirements
A ship when in a port or an offshore terminal of another country is subject to inspection by officers of such country concerning operational requirements under MARPOL, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by oil.
In the above circumstances, the country shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of MARPOL.
Procedures relating to the port State control prescribed in MARPOL shall apply.
Nothing shall be understood here which would limit the rights and obligations of a country carrying out control over operational requirements specifically provided for in the MARPOL.
Reports on incidents involving harmful substances
A report of an incident shall be made without delay to the fullest extent possible in accordance with the provisions of Protocol I to the present Convention.
Each Country to the Convention shall:
(a) make all arrangements necessary for an appropriate officer or agency to receive and process all reports on incidents; and
(b) notify the Organization with complete details of such arrangements for circulation to other Parties and Member States of the Organization.
Whenever a Country receives a report under the provisions of the present article, that Country shall relay the report without delay to:
(a) the Administration of own country of the ship involved; and
(b) any other State which may be affected.
Each Country to the Convention undertakes to issue instructions to its maritime inspection vessels and aircraft and to other appropriate services, to report to its authorities any incident referred to in Protocol I to the present Convention. That Country shall, if it considers it appropriate, report accordingly to the Organization and to any other Country concerned.
Annex I ‑ Oil
Definitions
Oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products (other than petrochemicals which are subject to the provisions of Annex II of the present Convention) and, without limiting the generality of the foregoing, includes the substances listed in appendix I to this Annex.
Animal and vegetable oils are found to fall under the category of “noxious liquid substance”
Oily mixture means a mixture with any oil content.
Oil fuel means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried.
Oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any “chemical tanker” as defined in Annex II of the present Convention when it is carrying a cargo or part cargo of oil in bulk.
Combination carrier means a ship designed to carry either oil or solid cargoes in bulk.
Nearest land
The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law.
Special area means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by oil is required.
Instantaneous rate of discharge of oil content means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant.
Wing tank means any tank adjacent to the side shell plating.
Centre tank means any tank inboard of a longitudinal bulkhead.
Slop tank means a tank specifically designated for the collection of tank drainings, tank washings and other oily mixtures.
Clean ballast means the ballast in a tank which since oil was last carried therein, has been so cleaned that effluent therefrom if it were discharged from a ship which is stationary into clean calm water on a clear day would not produce visible traces of oil on the surface of the water or on adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. If the ballast is discharged through an oil discharge monitoring and control system approved by the Administration of own country, evidence based on such a system to the effect that the oil content of the effluent did not exceed 15 parts per million shall be determinative that the ballast was clean, notwithstanding the presence of visible traces.
Segregated ballast means the ballast water introduced into a tank which is completely separated from the cargo oil and oil fuel system and which is permanently allocated to the carriage of ballast or to the carriage of ballast or cargoes other than oil or noxious substances as variously defined in the Annexes of the present Convention.
Surveys and inspections
(1) Every oil tanker of 150 tons gross tonnage and above, and every other ship of 400 tons gross tonnage and above shall be subject to the surveys specified below:
(a) An initial survey before the ship is put in service or before the Certificate required under regulation 5 of this Annex is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex. This survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of this Annex.
(b) Periodical surveys at intervals specified by the Administration of own country but not exceeding five years, which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the requirements of this Annex.
(c) A minimum of one intermediate survey during the period of validity of the Certificate which shall be such as to ensure that the equipment and associated pump and piping systems, including oil discharge monitoring and control systems, crude oil washing systems, oily-water separating equipment and oil filtering systems, fully comply with the applicable requirements of this Annex and are in good working order. In cases where only one such intermediate survey is carried out in any one Certificate validity period, it shall be held not before six months prior to, nor later than six months after the half-way date of the Certificate’s period of validity. Such intermediate surveys shall be endorsed on the Certificate.
Unsatisfactory condition during survey
When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration of own country. If such corrective action is not taken the Certificate should be withdrawn and the Administration of own country shall be notified immediately; and if the ship is in a port of another Country, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration of own country, a nominated surveyor or recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.
In every case, the Administration of own country concerned shall fully guarantee the completeness and efficiency of the survey and inspection and shall undertake to ensure the necessary arrangements to satisfy this obligation.
The condition of the ship and its equipment shall be maintained to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
After any survey of the ship has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the sanction of the Administration of own country, except the direct replacement of such equipment and fittings.
Certificate - International Oil Pollution Prevention (IOPP)
An International Oil Pollution Prevention Certificate shall be issued, after survey, to any oil tanker of 150 tons gross tonnage and above and any other ships of 400 tons gross tonnage and above which are engaged in voyages to ports or offshore terminals. Such certificate shall be issued either by the Administration of own country or by any persons or organization duly authorized by it. In every case the Administration of own country assumes full responsibility for the certificate.
The International Oil Pollution Prevention Certificate shall be drawn up in an official language of the issuing country in the form corresponding to the model given in appendix II. If the language used is neither English nor French, the text shall include a translation into one of these languages.
Control of discharge of oil
Subject to the provisions of this regulation, any discharge into the sea of oil or oily mixtures from ships to which this Annex applies shall be prohibited except when all the following conditions are satisfied:
(a) for an oil tanker, except as provided for in subparagraph (b) of this paragraph:
(i) the tanker is not within a special area;
(ii) the tanker is more than 50 nautical miles from the nearest land;
(iii) the tanker is proceeding en route;
(iv) the instantaneous rate of discharge of oil content does not exceed 30 litres per nautical mile;
(v) the total quantity of oil discharged into the sea does not exceed for existing tankers 1/15,000 of the total quantity of the particular cargo of which the residue formed a part, and for new tankers 1/30,000 of the total quantity of the particular cargo of which the residue formed a part; and
(vi) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by regulation 15 of this Annex.
(b) from a ship of 400 tons gross tonnage and above other than an oil tanker and from machinery space bilges excluding cargo pump-room bilges of an oil tanker unless mixed with oil cargo residue:
(i) the ship is not within a special area;
(ii) the ship is proceeding en route;
(iii) the oil content of the effluent without dilution does not exceed 15 parts per million; and
(iv) the ship has in operation equipment as required by regulation 16 of this Annex.
(XX) In the case of a ship of less than 400 tons gross tonnage other than an oil tanker whilst outside the special area, the Administration of own country shall ensure that it is equipped as far as practicable and reasonable with installations to ensure the storage of oil residues on board and their discharge to reception facilities or into the sea in compliance with the requirements MARPOL.
The provisions of the above paragraph (XX) of this regulation shall not apply to the discharge of clean or segregated ballast.
The provisions of the previous paragraph (XX) of this regulation shall not apply to the discharge of processed bilge water from machinery spaces, provided that all of the following conditions are satisfied:
(i) the bilge water does not originate from cargo pump-room bilges;
(ii) the bilge water is not mixed with oil cargo residues;
(iii) the ship is proceeding en route;
(iv) the oil content of the effluent without dilution does not exceed 15 parts per million;
(v) the ship has in operation oil filtering equipment; and
(vi) the filtering system is equipped with a stopping device which will ensure that the discharge is automatically stopped when the oil content of the effluent exceeds 15 parts per million.
Retention on board
The oil residues which cannot be discharged into the sea shall be retained on board or discharged to reception facilities.
Special Areas
the Antarctic area,
the Baltic Sea area,
Mediterranean sea area,
Black Sea area,
The Gulf area,
Gulf of Aden area,
Red Sea area and
North‑west European waters
Discharge from Ship
Any discharge into the sea of oil or oily mixture from any oil tanker and any ship of 400 tons gross tonnage and above other than an oil tanker shall be prohibited while in a special area. In respect of the Antarctic area, any discharge into the sea of oil or oily mixture from any ship shall be prohibited.
Except as provided for in respect of the Antarctic area, any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million.
Exceptions
Regulations regarding prohibited discharge shall not apply to:
(a) the discharge into the sea of oil or oily mixture necessary for the purpose of securing the safety of a ship or saving life at sea; or
(b) the discharge into the sea of oil or oily mixture resulting from damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge; and
(ii) except if the owner or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result; or
(c) the discharge into the sea of substances containing oil, approved by the Administration, when being used for the purpose of combating specific pollution incidents in order to minimize the damage from pollution. Any such discharge shall be subject to the approval of any Government in whose jurisdiction it is contemplated the discharge will occur.
Ballast Water
In no case shall ballast water be carried in cargo tanks, except:
(a) on those rare voyages when weather conditions are so severe that, in the opinion of the master, it is necessary to carry additional ballast water in cargo tanks for the safety of the ship; and
(b) in exceptional cases where the particular character of the operation of an oil tanker renders it necessary to carry ballast water in excess of the quantity required under MARPOL, provided that such operation of the oil tanker falls under the category of exceptional cases as established by the Organization.
Such additional ballast water shall be processed and discharged in compliance with the regulations and an entry shall be made in the Oil Record Book
In the case of new crude oil tankers, the additional ballast shall be carried in cargo tanks only if such tanks have been crude oil washed before departure from an oil unloading port or terminal.
Crude oil washing operational Manual
Every oil tanker operating with crude oil washing systems shall be provided with an Operations and Equipment Manual detailing the system and equipment and specifying operational procedures. Such a Manual shall be to the satisfaction of the Administration of own country. If an alteration affecting the crude oil washing system is made, the Operations and Equipment Manual shall be revised accordingly.
Segregation of oil and water ballast and carriage of oil in forepeak tanks
Ships of 4,000 tons gross tonnage and above other than oil tankers, and in new oil tankers of 150 tons gross tonnage and above, no ballast water shall be carried in any oil fuel tank.
Where abnormal conditions or the need to carry large quantities of oil fuel render it necessary to carry ballast water which is not a clean ballast in any oil fuel tank, such ballast water shall be discharged to reception facilities or into the sea in compliance with MARPOL using the MARPOL equipment, and an entry shall be made in the Oil Record Book to this effect.
Above ships which are required to stay at sea for extended periods because of the particular nature of their operation and trade. Under the circumstances considered these ships would be required to fill their empty oil fuel tanks with water ballast in order to maintain sufficient stability and safe navigation conditions.
Such ships may include certain large fishing vessels or ocean-going tugs. Certain other types of ships which for reasons of safety, such as stability, may be required to carry ballast in oil fuel tanks may also be included in this category.
All other ships shall comply with the requirements of paragraph (1) of this regulation as far as is reasonable and practicable.
Including - new ships other than oil tankers of less than 4,000 tons gross tonnage; new oil tankers of less than 150 tons gross tonnage; and all existing ships irrespective of tonnage.
When the separation of oil fuel tanks and water ballast tanks is unreasonable or impracticable for ships mentioned above, ballast water may be carried in oil fuel tanks, provided that such ballast water is discharged into the sea in compliance with MARPOL or into reception facilities.
Oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead as far as is reasonable and practicable.
Oil Record Book
Every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book Part I (Machinery Space Operations). Every oil tanker of 150 tons gross tonnage and above shall also be provided with an Oil Record Book
Part II (Cargo/Ballast Operations). The Oil Record Book(s), whether as a part of the ship’s official log-book or otherwise, shall be in the form(s) specified
The Oil Record Book shall be completed on each occasion, on a tank-to-tank basis if appropriate, whenever any of the following operations take place in the ship:
(a) for machinery space operations (all ships):
(i) ballasting or cleaning of oil fuel tanks;
(ii) discharge of dirty ballast or cleaning water from tanks referred to under (i) of the subparagraph;
(iii) disposal of oily residues (sludge);
(iv) discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces;
(b) for cargo/ballast operations (oil tankers):
(i) loading of oil cargo;
(ii) internal transfer of oil cargo during voyage;
(iii) unloading of oil cargo;
(iv) ballasting of cargo tanks and dedicated clean ballast tanks;
(v) cleaning of cargo tanks including crude oil washing;
(vi) discharge of ballast except from segregated ballast tanks;
(vii) discharge of water from slop tanks;
(viii) closing of all applicable valves or similar devices after slop tank discharge operations;
(ix) closing of valves necessary for isolation of dedicated clean ballast tanks from cargo and stripping lines after slop tank discharge operations;
(x) disposal of residues.
(3) In the event of such discharge of oil or oily mixture or in the event of accidental or other exceptional discharge of oil not excepted by that regulation, a statement shall be made in the Oil Record Book of the circumstances of, and the reasons for, the discharge.
(4) Each operation shall be fully recorded without delay in the Oil Record Book so that all entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of ship. The entries in the Oil Record Book shall be in an official language of the State whose flag the ship is entitled to fly, and, for ships holding an International Oil Pollution Prevention Certificate, in English or French. The entries in an official national language of the State whose flag the ship is entitled to fly shall prevail in case of a dispute or discrepancy.
(5) The Oil Record Book shall be kept in such a place as to be readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be preserved for a period of three years after the last entry has been made.
(6) The competent authority of the Government of a Country to the Convention may inspect the Oil Record Book on board any ship while the ship is in its port or offshore terminals and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Oil Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry.
Annex II ‑ Noxious Liquid Substances in Bulk
Unless expressly provided otherwise the provisions of Annex II shall apply to all ships carrying noxious liquid substances in bulk.
Categorization and listing of noxious liquid substances
Noxious liquid substances are divided into four categories as follows:
(a) Category A: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a major hazard to either marine resources or human health or cause serious harm to amenities or other legitimate uses of the sea and therefore justify the application of stringent anti-pollution measures.
(b) Category B: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a hazard to either marine resources or human health or cause harm to amenities or other legitimate uses of the sea and therefore justify the application of special anti-pollution measures.
(c) Category C: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a minor hazard to either marine resources or human health or cause minor harm to amenities or other legitimate uses of the sea and therefore require special operational conditions.
(d) Category D: Noxious liquid substances which if discharged into the sea from tank cleaning or deballasting operations would present a recognizable hazard to either marine resources or human health or cause minimal harm to amenities or other legitimate uses of the sea and therefore require some attention in operational conditions.
Special area
Special area means a sea area where for recognized technical reasons in relation to its oceanographic and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by noxious liquid substances is required.
Special areas shall be:
(a) the Baltic Sea area, and
(b) the Black Sea area, and
(c) the Antarctic area
Pumping, piping and unloading arrangements
Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.1 m3 in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
Every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category B substance does not retain a quantity of residue in excess of 0.3 m3 in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
Every ship constructed on or after 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.3 m3 in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
Every ship constructed before 1 July 1986 shall be provided with pumping and piping arrangements to ensure, through testing under favourable pumping conditions, that each tank designated for the carriage of a Category C substance does not retain a quantity of residue in excess of 0.9 m3 in the tank’s associated piping and in the immediate vicinity of that tank’s suction point.
Procedures and Arrangements Manual
Each ship which carries noxious liquid substances in bulk should be provided with a Manual as described in this chapter.
The main purpose of the Manual is to identify for the ship’s officers the physical arrangements and all the operational procedures with respect to cargo handling, tank cleaning, slops handling, and cargo tank ballasting and deballasting which must be followed in order to comply with the requirements of Annex II.
The Manual should be based on the Standards. It should cover all noxious liquid substances which the ship is certified fit to carry.
The Manual should as a minimum contain the following information and operational instructions:
.1 a description of the main features of Annex II, including discharge requirements;
.2 a table of noxious liquid substances which the ship is certified fit to carry and which specifies information on these substances as detailed in appendix D;
.3 a description of the tanks carrying noxious liquid substances; and a table identifying in which cargo tanks each noxious liquid substance may be carried;
.4 a description of all arrangements and equipment including cargo heating and temperature control system, which are on board the ship and for which requirements are contained in chapters 3 or 8 including a list of all tanks that may be used as slop tanks, a description of the discharge arrangements, a schematic drawing of the cargo pumping and stripping systems showing the respective position of pumps and control equipment and identification of means for ensuring that the equipment is operating properly (check lists);
.5 details of the procedures set out in the Standards as applied to the individual ship which should, where appropriate, include instructions such as:
.5.1 methods of stripping cargo tanks and under what restrictions, such as minimum list and trim, the stripping system should be operated;
.5.2 methods of draining cargo pumps, cargo lines and stripping lines;
.5.3 cargo tank prewash programmes;
.5.4 procedures for cargo tank ballasting and deballasting;
.5.5 procedures for discharge of residue/water mixtures; and .5.6 procedures to be followed when a cargo tank cannot be unloaded in accordance with the required procedure;
.6 for existing ships a residue table developed in accordance with appendix A, which indicates for each tank in which Category B or C substances are to be carried the quantities of residue which will remain in the tank and associated piping system after unloading and stripping;
.7 a table which indicates the quantities measured as a result of carrying out the water test performed for assessing the “stripping quantity” ; the responsibility of the master in respect of operational procedures to be followed and the use of the arrangements. The master must ensure that no residues or residue/water mixtures are discharged into the sea, unless the arrangements listed in the Manual and needed for the discharge are used.
Cargo Record Book
Every ship to which this Annex applies shall be provided with a Cargo Record Book, whether as part of the ship’s official log-book or otherwise, in the form specified in MARPOL
The Cargo Record Book shall be completed, on a tank-to-tank basis, whenever any of the following operations with respect to a noxious liquid substance take place in the ship:
(i) loading of cargo;
(ii) internal transfer of cargo;
(iii) unloading of cargo;
(iv) cleaning of cargo tanks;
(v) ballasting of cargo tanks;
(vi) discharge of ballast from cargo tanks;
(vii) disposal of residues to reception facilities;
(viii) discharge into the sea or removal by ventilation of residues in accordance with regulation 5 of this Annex.
In the event of any discharge of the kind of any noxious liquid substance or mixture containing such substance, whether intentional or accidental, an entry shall be made in the Cargo Record Book stating the circumstances of, and the reason for, the discharge.
When a surveyor appointed or authorized by the Government of the Country to the Convention to supervise any operations under this Annex has inspected a ship, then that surveyor shall make an appropriate entry in the Cargo Record Book.
Each operation referred to in paragraphs (2) and (3) of this regulation shall be fully recorded without delay in the Cargo Record Book so that all the entries in the book appropriate to that operation are completed. Each entry shall be signed by the officer or officers in charge of the operation concerned and each page shall be signed by the master of the ship.
The Cargo Record Book shall be kept in such a place as to be readily available for inspection and, except in the case of unmanned ships under tow, shall be kept on board the ship. It shall be retained for a period of three years after the last entry has been made.
The competent authority of the Government of a Country may inspect the Cargo Record Book on board any ship to which this Annex applies while the ship is in its port, and may make a copy of any entry in that book and may require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship’s Cargo Record Book shall be made admissible in any judicial proceedings as evidence of the facts stated in the entry. The inspection of a Cargo Record Book and the taking of a certified copy by the competent authority under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
Surveys
(1) Ships carrying noxious liquid substances in bulk shall be subject to the surveys specified below:
(a) An initial survey before the ship is put in service or before the certificate is issued for the first time, and which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material in so far as the ship is covered by this Annex.
(b) Periodical surveys at intervals specified by the Administration of own country, but not exceeding five years, and which shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the requirements of this Annex.
(c) A minimum of one intermediate survey during the period of validity of the certificate and which shall be such as to ensure that the equipment and associated pump and piping systems fully comply with the applicable requirements of this Annex and are in good working order. In cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be held not before six months prior to, nor later than six months after the half-way date of the certificate’s period of validity. Such intermediate surveys shall be endorsed on the certificate issued under regulation 11 of this Annex.
(d) An annual survey within three months before or after the day and the month of the date of issue of the certificate and which shall include a general examination to ensure that the structure, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended. Such annual surveys shall be endorsed on the certificate issued under regulation 11 of this Annex.
When a nominated surveyor or recognized organization determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate, or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration of own country. If such corrective action is not taken the certificate should be withdrawn and the Administration of own country shall be notified immediately; and if the ship is in a port of another Country, the appropriate authorities of the port State shall also be notified immediately. When applicable, the Government of the port State concerned shall take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.
The condition of the ship and its equipment shall be maintained to conform with the provisions of the present Convention to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.
Whenever an accident occurs to a ship or a defect is discovered which substantially affects the integrity of the ship or the efficiency or completeness of its equipment covered by this Annex, the master or owner of the ship shall report at the earliest opportunity to the Administration of own country, the recognized organization or the nominated surveyor responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph (1) of this regulation is necessary. If the ship is in a port of another Country, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.
Issue of certificate
An International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk shall be issued, after survey in accordance with the provisions of regulation 10 of this Annex, to any ship carrying noxious liquid substances in bulk and which is engaged in voyages to ports or terminals under the jurisdiction of other Parties to the Convention.
Annex III ‑ Harmful Substances Carried by Sea in Packaged Forms, or in Freight Containers, Portable Tanks or Road and Rail Tank Wagons
Empty receptacles, freight containers and portable road and rail tank wagons which have been used previously for the carriage of harmful substances are treated as harmful substances themselves unless precautions have been taken to ensure that they contain no residue that is hazardous to the marine environment
Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.
Packing
Packages shall be adequate to minimize the hazard to the marine environment, having regard to their specific contents.
Marking and labelling
(1) Packages containing a harmful substance shall be durably marked with the correct technical name (trade names alone shall not be used) and, further, shall be durably marked or labelled to indicate that the substance is a marine pollutant. Such identification shall be supplemented where possible by any other means, for example, by use of the relevant United Nations number.
(2) The method of marking the correct technical name and of affixing labels on packages containing a harmful substance shall be such that this information will still be identifiable on packages surviving at least three months’ immersion in the sea. In considering suitable marking and labelling, account shall be taken of the durability of the materials used and of the surface of the package.
(3) Packages containing small quantities of harmful substances may be exempted from the marking requirements.
Documentation
(1) In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance further identified by the addition of the words “MARINE POLLUTANT”.
(2) The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, labelled or placarded as appropriate and in proper condition for carriage to minimize the hazard to the marine environment.
(3) Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of the harmful substances on board may be used in place of such special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his representative until the harmful substances are unloaded. A copy of one of these documents shall be made available before departure to the person or organization designated by the port State authority.
(4) When the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the International Convention for the Safety of Life at Sea, 1974, as amended, the documents required by this regulation may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and harmful substances covered by this Annex.
Quantity limitations
Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship, as well as the packaging and the inherent nature of the substances.
Exceptions
(1) Jettisoning of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea.
(2) Subject to the provisions of the present Convention, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard, provided that compliance with such measures would not impair the safety of the ship and persons on board.
Annex IV ‑ Sewage
Sewage means:
(a) drainage and other wastes from any form of toilets, urinals, and WC scuppers;
(b) drainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises;
(c) drainage from spaces containing living animals; or
(d) other waste waters when mixed with the drainages defined above.
Holding tank means a tank used for the collection and storage of sewage.
The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law.
Discharge of sewage
Discharge of sewage into the sea is prohibited, except when:
(a) the ship is discharging comminuted and disinfected sewage using a system approved by the Administration of own country at a distance of more than 4 nautical miles from the nearest land, or sewage which is not comminuted or disinfected at a distance of more than 12 nautical miles from the nearest land, provided that in any case, the sewage that has been stored in holding tanks shall not be discharged instantaneously but at a moderate rate when the ship is en route and proceeding at not less than 4 knots; the rate of discharge shall be approved by the Administration of own country; or
(b) the ship has in operation an approved sewage treatment plant which has been certified by the Administration of own country to meet the operational requirements, and
(i) the test results of the plant are laid down in the ship’s International Sewage Pollution Prevention Certificate (1973);
(ii) additionally, the effluent shall not produce visible floating solids in, nor cause discoloration of, the surrounding water; or
(c) the ship is situated in the waters under the jurisdiction of a State and is discharging sewage in accordance with such less stringent requirements as may be imposed by such State.
(2) When the sewage is mixed with wastes or wastewater having different discharge requirements, the more stringent requirements shall apply.
Exceptions
Can discharge if:
(a) the discharge of sewage from a ship necessary for the purpose of securing the safety of a ship and those on board or saving life at sea; or
(b) the discharge of sewage resulting from damage to a ship or its equipment if all reasonable precautions have been taken before and after the occurrence of the damage, for the purpose of preventing or minimizing the discharge.
Annex V ‑ Garbage
Garbage means all kinds of victual, domestic and operational waste excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically except those substances which are defined or listed in other Annexes of MARPOL.
The term “from the nearest land” means from the baseline from which the territorial sea of the territory in question is established in accordance with international law.
Special area means a sea area where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea pollution by garbage is required.
Special areas
The special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red Sea area, the “Gulfs area”, the North Sea area, the Antarctic area and the Wider
Caribbean Region, including the Gulf of Mexico and the Caribbean Sea, they are defined as given out in the MARPOL.
This Annex applies to all ships.
Disposal of garbage outside special areas
(a) the disposal into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets and plastic garbage bags, is prohibited;
(b) the disposal into the sea of the following garbage shall be made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than:
(i) 25 nautical miles for dunnage, lining and packing materials, which will float;
(ii) 12 nautical miles for food wastes and all other garbage including paper products, rags, glass, metal, bottles, crockery and similar refuse;
(c) disposal into the sea of garbage specified in above paragraph (ii) of this regulation may be permitted when it has passed through a comminuter or grinder and made as far as practicable from the nearest land but in any case is prohibited if the distance from the nearest land is less than 3 nautical miles. Such comminuted or ground garbage shall be capable of passing through a screen with openings no greater than 25 mm.
When the garbage is mixed with other discharges having different disposal or discharge requirements the more stringent requirements shall apply.
London Dumping Convention
Convention of the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Dumping Convention)
RECOGNIZING that the marine environment and the living organisms, which it supports, are of vital importance to humanity, and all people have an interest in assuring that it is so managed that its quality and resources are not impaired;
The capacity of the sea to assimilate wastes and render them harmless, and its ability to regenerate natural resources, is not unlimited;
States have, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;
Marine pollution originates in many sources, such as dumping and discharges through the atmosphere, rivers, estuaries, outfalls and pipelines, and that it is important that States use the best practicable means to prevent such pollution and develop products and processes which will reduce the amount of harmful wastes to be disposed of,
To improve protection of the marine environment the States with a common interest in particular geographical areas should enter into appropriate agreements supplementary to this Convention;
Contracting Parties shall individually and collectively promote the effective control of all sources of pollution of the marine environment and pledge themselves especially to take all practicable steps to prevent the pollution of the sea by the dumping of waste and other matter that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.
Contracting Parties shall, take effective measures individually, and collectively, to prevent marine pollution caused by dumping and shall harmonize their policies in this regard.
Definitions
”Dumping” means:
(i) any deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;
(ii) any deliberate disposal at sea of vessels, aircraft, platforms or other man-made structures at sea.
“Dumping” does not include:
(i) the disposal at sea of wastes or other matter incidental to, or derived
from the normal operations of vessels, aircraft, platforms or other
man-made structures at sea and their equipment, other than wastes or
other matter transported by or to vessels, aircraft, platforms or other
man-made structures at sea, operating for the purpose of disposal of
such matter or derived from the treatment of such wastes or other
matter on such vessels, aircraft, platforms or structures;
The disposal of wastes or other matter directly arising from
exploration, exploitation and associated off-shore processing of sea-bed
mineral resources will not be covered by the provisions of this Convention.
“Wastes or other matter” means material and substance of any kind, form or
description.
“Special permit” means permission granted specifically on application in advance and
in accordance with conditions as per this convention.
“General permit” means permission granted in advance and in accordance with this convention.
In accordance with the provisions of this Convention Contracting Parties shall
prohibit the dumping of any wastes or other matter in whatever form or condition
except as otherwise specified below:
(a) the dumping of wastes or other matter fisted in Annex I is prohibited;
(b) the dumping of wastes or other matter listed in Annex II requires a prior special permit;
(c) the dumping of all other wastes or matter requires a prior general permit.
Any permit shall be issued only after careful consideration of all the factors set forth
in Annex III, including prior studies of the characteristics of the dumping site, as set
forth in sections B and C of that Annex.
No provision of this Convention is to be interpreted as preventing a Contracting Party
from prohibiting, insofar as that Party is concerned, the dumping of wastes or other
matter not mentioned in Annex I. That Party shall notify such measures to the
Organization.
The provisions of article IV shall not apply when it is necessary to secure the safety of human life or of vessels, aircraft, platforms or other man-made structures at sea in cases of force majeure caused by stress of weather, or in any case which constitutes a danger to human life or a real threat to vessels, aircraft, platforms or other man-made structures at sea, if dumping appears to be the only way of averting the threat and if there is every probability that the damage consequent upon such dumping will be less than would otherwise occur. Such dumping shall be so conducted as to minimize the likelihood of damage to human or marine life and shall be reported forthwith to the Organization.
Incineration
Incineration at sea of industrial waste, as defined in paragraph below, and sewage sludge is prohibited.
The incineration at sea of any other wastes or other matter requires the issue of a special permit.
In the issue of special permits for incineration at sea Contracting Parties shall apply regulations as are developed under this Convention.
Industrial waste as from 1 January 1996.
“Industrial waste” means waste materials generated by manufacturing or processing operations and does not apply to:
(a) dredged material;
(b) sewage sludge;
(c) fish waste, or organic materials resulting from industrial fish processing
operations;
(d) vessels and platforms or other man-made structures at sea, provided that
material capable of creating floating debris or otherwise contributing to
pollution of the marine environment has been removed to the maximum
extent;
(e) uncontaminated inert geological materials the chemical constituents of which
are unlikely to be released into the marine environment;
(f) uncontaminated organic materials of natural origin.
Authority
Each Contracting Party shall designate an appropriate authority or authorities to:
(a) issue special permits which shall be required prior to, and for, the dumping of
matter fisted in Annex II;
(b) issue general permits which shall be required prior to, and for, the dumping of
all other matter;
(c) keep records of the nature and quantities of all matter permitted to be dumped
and the location, time and method of dumping;
(d) monitor individually, or in collaboration with other Parties and competent
international organizations, the condition of the seas for the purposes of this
Convention.
Issue of Permits
The appropriate authority or authorities of a contracting Party shall issue prior special
or general permits in accordance with above in respect of matter intended for
dumping:
(a) loaded in its territory;
(b) loaded by a vessel or aircraft registered in its territory or flying its flag, when the loading occurs in the territory of a State not party to this Convention.
In issuing permits, the appropriate authority or authorities shall comply with this convention, together with such additional criteria, measures and requirements, as they may consider relevant
Each Contracting Party, directly or through a Secretariat established under a regional
agreement, shall report to the Organization, and where appropriate to other Parties,
the information, and the criteria, measures and requirements it adopts.
Intervention - Oil Pollution Casualties
Describes the rights of Parties to the Convention to intervene on the high seas following a maritime casualty
INTERNATIONAL CONVENTION RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF OIL POLLUTION CASUALTIES (Brussels, 29 November 1969)
Conscious of the need to protect the interests of their peoples against the grave consequences of a maritime casualty resulting in danger of oil pollution of sea and coastlines, convinced that under these circumstances measures of an exceptional character to protect such interests might be necessary on the high seas and that these measures do not affect the principle of freedom of the high seas,
All the parties (countries and other agencies) have agreed as follows:
Parties to the present Convention may take such measures on the high seas as may be necessary to prevent, mitigate or eliminate grave and imminent danger to their coastline or related interests from pollution or threat of pollution of the sea by oil, following upon a maritime casualty or acts related to such a casualty, which may reasonably be expected to result in major harmful consequences.
However, no measures shall be taken under the present Convention against any warship or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.
Definitions
1. “maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo;
2. “ship” means:
(a) any sea-going vessel of any type whatsoever, and
(b) any floating craft, with the exception of an installation or device engaged in the exploration and exploitation of the resources of the sea-bed and the ocean floor and the subsoil thereof;
3. “oil” means crude oil, fuel oil, diesel oil and lubricating oil;
4. “related interests” means the interests of a coastal State directly affected or threatened by the maritime casualty, such as:
(a) maritime coastal, port or estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;
(b) tourist attractions of the area concerned;
(c) the health of the coastal population and the well-being of the area concerned, including conservation of living marine resources and of wildlife;
5. “Organization” means the Inter-Governmental Maritime Consultative Organization (today the International Maritime Organization).
When a coastal State is exercising the right to take measures, the following provisions shall apply:
(a) before taking any measures, a coastal State shall proceed to consultations with other States affected by the maritime casualty, particularly with the flag State or States;
(b) the coastal State shall notify without delay the proposed measures to any persons physical or corporate known to the coastal State, or made known to it during the consultations, to have interests which can reasonably be expected to be affected by those measures.
The coastal State shall take into account any views they may submit;
(c) before any measure is taken, the coastal State may proceed to a consultation with independent experts, whose names shall be chosen from a list maintained by the Organization;
(d) in cases of extreme urgency requiring measures to be taken immediately, the coastal State may take measures rendered necessary by the urgency of the situation, without prior notification or consultation or without continuing consultations already begun;
(e) a coastal State shall, before taking such measures and during their course, use its best endeavours to avoid any risk to human life, and to afford persons in distress any assistance of which they may stand in need, and in appropriate cases to facilitate the repatriation of ships crews, and to raise no obstacle thereto;
(f) measures which have been taken shall be notified without delay to the States and to the known physical or corporate persons concerned, as well as to the Secretary-General of the Organization.
1. Measures taken by the coastal State shall be proportionate to the damage actual or threatened to it.
2. Such measures shall not go beyond what is reasonably necessary to achieve the end and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag State, third States and of any persons, physical or corporate, concerned.
3. In considering whether the measures are proportionate to the damage, account shall be taken of:
(a) the extent and probability of imminent damage if those measures are not taken; and
(b) the likelihood of those measures being effective; and
(c) the extent of the damage which may be caused by such measures.
Any Party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in the first paragraph.
Civil Liability for Oil Pollution Damage
INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE (Brussels, 29 November 1969)
The States Parties to the present Convention, conscious of the dangers of pollution posed by the worldwide maritime carriage of oil in bulk, convinced of the need to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from ships, desiring to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation in such cases,
Article I
For the purposes of this Convention:
1. “Ship” means any sea-going vessel and any sea borne craft of any type whatsoever, actually carrying oil in bulk as cargo.
2. “Person” means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent subdivisions.
3. “Owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However in the case of a ship owned by a State and operated by a company, which in that State is registered as the ship’s operator, “owner” shall mean such company.
4. “State of the ship’s registry” means in relation to registered ships the State of registration of the ship, and in relation to unregistered ships the State whose flag the ship is flying.
5. “Oil” means any persistent oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil and whale oil, whether carried on board a ship as cargo or in the bunkers of such a ship.
6. “Pollution damage” means loss or damage caused outside the ship carrying oil by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, and includes the costs of preventive measures and further loss or damage caused by preventive measures.
7. “Preventive measures” means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.
8. “Incident” means any occurrence, or series of occurrences having the same origin, which causes pollution damage.
9. “Organization” means the Inter-Governmental Maritime Consultative Organization (today International maritime Organisation)
Article II
This Convention shall apply exclusively to pollution damage caused on the territory including the territorial sea of a Contracting State and to preventive measures taken to prevent or minimize such damage.
Article III
1. Except as provided in paragraphs 2 and 3 of this Article, the owner of a ship at the time of an incident, or where the incident consists of a series of occurrences at the time of the first such occurrence, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident.
2. No liability for pollution damage shall attach to the owner if he proves that the damage:
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or
(b) was wholly caused by an act or omission done with intent to cause damage by a third party, or
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
3. If the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person.
4. No claim for compensation for pollution damage shall be made against the owner otherwise than in accordance with this Convention. No claim for pollution damage under this Convention or otherwise may be made against the servants or agents of the owner.
5. Nothing in this Convention shall prejudice any right of recourse of the owner against third parties.
Article IV
When oil has escaped or has been discharged from two or more ships, and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under Article III, shall be jointly and severally liable for all such damage which is not reasonably separable.
Article V
1. The owner of a ship shall be entitled to limit his liability under this Convention in respect of any one incident to an aggregate amount of 2,000 francs for each ton of the ship’s tonnage. However, this aggregate amount shall not in any event exceed 210 million francs.
2. If the incident occurred as a result of the actual fault or privity of the owner, he shall not be entitled to avail himself of the limitation provided in paragraph 1 of this Article.
The franc mentioned in this Article shall be a unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred. The amount mentioned in paragraph I of this Article shall be converted into the national currency of the State in which the fund is being constituted on the basis of the official value of that currency by reference to the unit defined above on the date of the constitution of the fund.
10. For the purpose of this Article the ship’s tonnage shall be the net tonnage of the ship with the addition of the amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the net tonnage. In the case of a ship which cannot be measured in accordance with the normal rules of tonnage measurement, the ship’s tonnage shall be deemed to be 40 per cent of the weight in tons (of 2240 lbs) of oil which the ship is capable of carrying.
A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship. It shall be issued or certified by the appropriate authority of the State of the ships registry after determining that the requirements of paragraph 1 of this Article have been complied with. This certificate shall be in the form of the annexed model and shall contain the following particulars:
(a) name of ship and port of registration;
(b) name and principal place of business of owner;
(c) type of security;
(d) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established;
(e) period of validity of certificate which shall not be longer than the period of validity of the insurance or other security.
The certificate shall be carried on board the ship and a copy shall be deposited with the authorities that keep the record of the ship’s registry.
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