MARITIME

LAW
A COMPREHENSIVE GUIDE FOR MARITIME
STUDENTS
MARITIME LAW

3/E OMBAO, IAN JONATHAN V.

FACULTY
UNIVERSITY OF SAINT ANTHONY
TOPIC 1
INTRODUCTION TO MARITIME LAW
CO1. Evaluate SOLAS Convention as amended in terms of managing seafarer
competency towards loss prevention.
LO1.1.1 Discuss the Maritime Law, its introduction, history, and importance.
WHAT IS MARITIME LAW?
Definition of LAW
Law is a system of rules, regulations, and principles that are established and
enforced by a governing authority to regulate behavior within a society. It is a set of
norms that define acceptable conduct, rights, and responsibilities, guiding
interactions between individuals, organizations, and the government. Laws can be
statutory, arising from written legislation, or they can be based on precedent and
common practices, forming what is known as common law. The purpose of law is to
maintain order, ensure justice, protect individual rights, and promote the
welfare and well-being of the community. Violations of laws may result in legal
consequences, including sanctions, penalties, or judicial actions, to uphold the rule of
law in a society. Legal systems can vary across jurisdictions, and they may encompass
various branches of law, such as criminal, civil, constitutional, and international law.
Definition of MARITIME
"Maritime" refers to anything related to the sea, oceans, or maritime activities. It
encompasses a broad range of subjects associated with navigation, shipping, trade,
exploration, and other activities conducted on or in connection with the world's bodies
of water. The term is often used to describe matters pertaining to the sea and the
maritime industry, including shipping, maritime law, naval operations, marine
exploration, and the utilization of marine resources. The maritime domain is crucial
for global trade, transportation, and environmental considerations, making the term
"maritime" a key descriptor for various fields and activities associated with the world's
oceans and seas.
Introduction to Maritime Law
Maritime law, often referred to as admiralty law, constitutes a specialized and
comprehensive legal framework governing activity at sea. Rooted in centuries of
maritime trade, exploration, and navigation, this body of law addresses a wide array of
issues related to shipping, commerce, and marine activities. Maritime law is inherently
international, necessitated by the interconnected nature of global trade and the
diversity of legal considerations arising on the high seas. It plays a fundamental role in

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establishing the rules and regulations that facilitate the conduct of maritime affairs
while addressing challenges unique to the maritime environment.

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Historical Foundations
The history of maritime law is a rich tapestry woven over centuries, reflecting
the evolution of human interaction with the seas and the imperative to regulate
maritime activities. Its origins can be traced back to ancient civilizations, where early
maritime codes, such as the Rhodian Laws, emerged to govern shipping, trade, and
navigation.

1.1 Rhodian laws (Lex Rhodia) is an ancient law that the Romans used for
something called "jettison."
In medieval Europe, maritime law took firmer shape as emerging maritime
communities, including the Hanseatic League, established localized rules to regulate
maritime commerce. The 13th century witnessed the establishment of admiralty
courts in England, marking a significant institutional development. These courts,
dealing exclusively with maritime matters, laid the groundwork for the specialization of
maritime law. As global trade expanded, the need for international cooperation became
evident.

1.2 The UNCLOS has been likened to 'A Constitution for the Oceans'.
The Brussels Convention of 1910 was a pivotal step, addressing issues related
to collisions at sea. The apex of international collaboration came with the United
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Nations Convention on the Law of the Sea (UNCLOS) in 1982, providing a

comprehensive and universally accepted framework governing maritime activities,
delineating maritime zones, and establishing principles of navigation, environmental
protection, and resource management.
Throughout history, maritime law has been shaped by a dynamic interplay of
regional practices, colonial influences, and the imperative to regulate the vast and
intricate network of activities that unfold on the world's oceans.
Scope and Jurisdiction
Maritime law's scope is expansive, covering issues such as ship registration,
navigation, marine insurance, salvage, collisions at sea, and the carriage of goods by
sea. It governs both private and public maritime activities, addressing the rights and
responsibilities of individuals, corporations, and nations involved in maritime trade
and transportation. Admiralty courts, specialized tribunals, or conventional legal
systems with maritime jurisdiction handle disputes arising from these activities.
Key Principles
Several key principles underpin maritime law, including the principle of
freedom of the seas, establishing navigational rights and limitations. The concept of
flags of convenience allows vessels to register under the flag of a country other than
their own, impacting legal and economic considerations. Liability regimes, such as the
Athens Convention for the Carriage of Passengers and Their Luggage, and the
International Convention for the Prevention of Pollution from Ships (MARPOL),
illustrate the commitment to safety, compensation, and environmental protection.
International Conventions
International conventions form the backbone of maritime law, shaping its
principles and providing a harmonized framework for global maritime activities. Aside
from UNCLOS, conventions such as SOLAS (Safety of Life at Sea), STCW (Standards of
Training, Certification and Watchkeeping for Seafarers), and MARPOL set standards
for vessel safety, crew competency, and environmental protection.
Contemporary Challenges and Evolving Trends
The contemporary landscape of maritime law faces challenges ranging from
piracy and maritime security to environmental sustainability. Rapid technological
advancements, including autonomous vessels and digital navigation systems, pose
new legal considerations. As the maritime industry evolves, the legal framework must
adapt to address emerging issues and ensure the continued safe, secure, and
sustainable use of the world's oceans.

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1.3 The IMO's primary purpose is to develop and maintain a comprehensive regulatory
framework for shipping
ROLE OF THE IMO
The International Maritime Organization (IMO) serves as a pivotal specialized
agency within the United Nations, taking on the crucial responsibility of regulating
global shipping. Established in 1948, the IMO plays a multifaceted role in promoting
safety, environmental sustainability, and the efficiency of international maritime
transportation. At the core of its mission is the development and maintenance of an
extensive regulatory framework for shipping.
This framework encompasses conventions and treaties that address key aspects
of maritime operations, including safety, pollution prevention, and the facilitation of
international maritime traffic. The IMO is instrumental in formulating and updating
international regulations to ensure the safety of navigation, prevent marine pollution,
and facilitate the smooth movement of ships and cargoes across borders.
Notable conventions developed by the IMO include the International Convention
for the Safety of Life at Sea (SOLAS), the International Convention for the Prevention of
Pollution from Ships (MARPOL), and the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW).
Additionally, the IMO addresses critical issues such as search and rescue,
maritime security, and technical cooperation, providing assistance to member states,
especially developing nations, in implementing and enforcing international maritime
standards. The organization also plays a vital role in data collection and analysis,
using insights to enhance safety standards, and actively engages in addressing
environmental challenges in shipping, including efforts to reduce greenhouse gas
emissions and mitigate the impact of shipping activities on marine ecosystems.
Through its comprehensive approach, the IMO fosters international
collaboration, ensuring that the global maritime community adheres to high standards
and navigates the complexities of the maritime industry in a safe, secure, and
environmentally responsible manner.
MARITIME LAW IN THE PHILIPPINE SETTING
Introduction to Maritime Law in the Philippines:
Maritime law in the Philippines is a dynamic legal framework that governs the
extensive maritime activities within the archipelagic nation. Rooted in historical trade
routes, the Philippines' engagement with maritime law reflects its status as a maritime
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nation with a rich seafaring tradition. The legal structure is deeply influenced by
international conventions and treaties, most notably the United Nations Convention
on the Law of the Sea (UNCLOS), which outlines the rights and responsibilities of
coastal states, as well as the development and management of marine resources.
Historical Evolution
The history of maritime law in the Philippines is deeply intertwined with the
nation's identity as an archipelagic state and its historical engagement in maritime
trade and navigation. Ancient maritime codes influenced by indigenous practices and
trade routes laid the early foundations for regulating maritime activities in the region.
During the colonial period, particularly under Spanish rule, the Philippines adopted
and adapted European maritime laws to manage its maritime affairs. The emergence
of admiralty courts and the codification of laws during this era reflected the growing
need for a more organized legal framework. The Philippines continued to evolve its
maritime laws through the American colonial period, Japanese occupation, and
eventual independence. Post-independence, the government has consistently updated
and modernized its maritime legal framework to align with international standards.
The establishment of the Maritime Industry Authority (MARINA) has played a pivotal
role in consolidating regulatory functions and ensuring the Philippines' adherence to
global maritime conventions. The legal landscape has adapted to address
contemporary challenges, including seafarer rights, environmental concerns, and the
country's responsibilities under international treaties such as UNCLOS. The history of
maritime law in the Philippines is a testament to the nation's commitment to fostering
a safe, efficient, and sustainable maritime environment, reflective of its status as a
maritime nation with a rich seafaring tradition.

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Recent Issues

1.4 Through Administrative Order (AO) No. 29 series of 2012, The Philippines named the
sea areas west of the Philippine archipelago as the ‘West Philippine Sea’.
In recent years, the history of maritime law in the Philippines has been
significantly influenced by the ongoing issue concerning the West Philippine Sea,
particularly the territorial disputes in the South China Sea. The Philippines, along
with neighboring countries, has been grappling with contested territorial claims,
impacting the interpretation and application of maritime law in the region. The
Philippines, asserting its sovereignty and maritime rights, has sought resolution
through international mechanisms, including filing a case before the Permanent Court
of Arbitration (PCA) in 2013.
In 2016, the PCA ruled in favor of the Philippines, rejecting China's historical
claims and asserting the country's rights to exclusive economic zones. This landmark
decision had profound implications for maritime law, reinforcing the importance of
adherence to the United Nations Convention on the Law of the Sea (UNCLOS) and the
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peaceful resolution of maritime disputes. The Philippines has since navigated the
complex aftermath, dealing with diplomatic negotiations, ongoing territorial tensions,
and the imperative to safeguard its maritime interests.
The West Philippine Sea issue underscores the dynamic nature of maritime law,
where geopolitical realities intersect with legal principles. It emphasizes the
significance of international cooperation, adherence to legal frameworks, and the
peaceful resolution of disputes to ensure the effective application of maritime law in
the region. As the Philippines continues to grapple with these challenges, the evolving
history of its maritime law reflects the nation's commitment to upholding its rights
and contributing to the broader stability and adherence to legal norms in the maritime
domain.
Key Regulatory Bodies
The regulatory landscape of maritime law in the Philippines is primarily
overseen by institutions such as the Maritime Industry Authority (MARINA) and the
Philippine Coast Guard (PCG). MARINA, in particular, serves as the central authority
responsible for developing and enforcing policies that cover various aspects of the
maritime sector. Its functions range from vessel registration and crew certification to
the formulation of safety standards and the coordination of responses to maritime
incidents.
Legal Foundations
The legal foundations of maritime law in the Philippines encompass a wide
range of issues, including ship safety, seafarer rights, environmental protection, and
liability for maritime incidents. Legislative enactments, such as the Philippine
Merchant Marine Rules and Regulations, govern the operational aspects of the
maritime industry. These laws are crafted to align with international conventions,
ensuring that the Philippines remains compliant with global standards.
Vessel Registration and Documentation
A pivotal aspect of maritime law involves the registration and documentation of
vessels. MARINA oversees the registration process, ensuring that vessels operating in
Philippine waters comply with international conventions related to safety,
seaworthiness, and environmental standards. This registration process establishes
legal ownership and operational status, contributing to the overall safety and
regulation of maritime traffic.
Seafarer Rights and Education
Maritime law in the Philippines places significant emphasis on the rights and
welfare of seafarers. The legal framework includes provisions for fair employment
conditions, training standards, and mechanisms for resolving disputes. MARINA
actively regulates maritime education and training institutions, ensuring that they
adhere to international competency standards, thus producing a skilled and qualified
maritime workforce.

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International Collaboration
Given the global nature of maritime activities, international collaboration is
intrinsic to Philippine maritime law. The country actively participates in international
forums and treaties, contributing to the development of global maritime standards.
This collaboration not only ensures the Philippines' alignment with international best
practices but also facilitates diplomatic engagements related to maritime issues.
Environmental Protection Measures
The Philippines, as an ecologically diverse nation, integrates environmental
protection measures into its maritime legal framework. Regulations addressing marine
pollution, illegal fishing practices, and other environmental concerns demonstrate the
nation's commitment to sustainable maritime practices and the preservation of marine
ecosystems.
Challenges and Future Directions
The challenges faced by the Philippines in the maritime domain, including
piracy, human trafficking, and the impact of climate change, prompt ongoing legal
adaptations. The legal framework must evolve to address emerging challenges and
leverage technological advancements. This forward-looking approach is crucial to
maintaining the Philippines' position as a responsible and progressive participant in
the global maritime community.
MARITIME INDUSTRY AUTHORITY

1.5 MARINA is an agency of the Philippine government under the Department of

Transportation responsible for integrating the development, promotion and regulation of
the maritime industry in the Philippines.
The Maritime Industry Authority (MARINA) is a pivotal regulatory body in the
Philippines, exercising comprehensive oversight over the maritime sector. With its
multifaceted role, MARINA is integral to the formulation, implementation, and
enforcement of policies that shape the safety, efficiency, and sustainability of maritime
activities within the country. At the core of its responsibilities lies the regulatory
oversight, wherein MARINA formulates and enforces policies covering ship safety, crew
competency, vessel registration, and compliance with international maritime
standards. This extends to the meticulous licensing and certification of maritime

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professionals, ensuring adherence to qualifications and training standards established

both nationally and internationally.
MARINA's influence extends to the realm of vessel registration and
documentation, where it manages the intricate process of verifying legal ownership
and operational adherence to international conventions. The agency stands as a
guardian of safety standards, actively engaging in inspections, audits, and certification
processes to guarantee that vessels comply with international maritime safety and
security codes. In the domain of maritime education and training, MARINA takes
charge of accrediting and regulating institutions, ensuring that programs align with
global standards and facilitating the development of a competent workforce.
The agency's role is not confined to domestic borders; it extends internationally
as MARINA represents the Philippines in global maritime forums and organizations.
Through active participation in discussions and negotiations, MARINA ensures that
the Philippines remains abreast of and aligned with international best practices and
conventions. Additionally, MARINA plays a pivotal role in responding to maritime
incidents, accidents, or emergencies, coordinating efforts, investigating incidents, and
implementing corrective measures.
With an eye on environmental protection, MARINA incorporates and enforces
regulations addressing the environmental impact of maritime activities, from
preventing marine pollution to managing ballast water and promoting sustainable
practices within the maritime industry. The agency is also engaged in research and
development activities, staying at the forefront of technological advancements to
enhance the efficiency and sustainability of the Philippine maritime industry. In
essence, MARINA's influence permeates every aspect of the maritime sector,
contributing to its growth, safety, and alignment with global maritime standards.
THE PHILIPPINE COAST GUARD

1.6 The PCG is recognized as the third armed uniformed service of the country attached
to the Philippines' Department of Transportation, tasked primarily with enforcing laws
within Philippine waters.
The Philippine Coast Guard (PCG) serves as a cornerstone in the enforcement of
maritime law within the country, undertaking a diverse array of responsibilities to
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ensure the safety, security, and compliance of maritime activities. At the forefront of
its mission is the enforcement of safety standards for vessels navigating Philippine
waters, involving rigorous inspections and audits to guarantee adherence to both
national and international maritime safety regulations, such as the SOLAS treaty.
Engaging in swift response to emergencies, the PCG leads search and rescue
operations, actively working to save lives and coordinate crisis management during
maritime distress situations. As a key player in maintaining maritime security, the
PCG conducts patrols and surveillance activities to deter and respond to threats such
as piracy, terrorism, and smuggling.
Environmental protection is also a significant focus, with the PCG enforcing
laws related to marine pollution and promoting sustainable maritime practices.
Collaborating with other law enforcement agencies, the PCG addresses transnational
crimes at sea, ensuring the integrity of Philippine waters. Furthermore, the PCG plays
a pivotal role in fisheries enforcement, preventing illegal fishing activities and
safeguarding marine resources. In managing vessel traffic and conducting port state
control inspections, the PCG ensures the safe and efficient movement of vessels in
Philippine waters, contributing to overall maritime order.
Through international cooperation, the PCG collaborates with neighboring
countries and global maritime organizations, fostering a united front against maritime
threats and enhancing regional and global maritime security.

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TOPIC 2
ARTICLES OF INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT
SEA, 1974
LO2.2.1 Evaluate the Articles of the SOLAS Convention on their contribution to loss
prevention.

WHAT IS SOLAS?
The International Convention for the Safety of Life at Sea (SOLAS) is a pivotal
international maritime treaty aimed at safeguarding human life, ensuring the safety of
ships, and preventing accidents at sea. First adopted in 1914 following the sinking of
the Titanic, SOLAS has undergone several revisions to address evolving challenges in
the maritime industry.
The convention establishes comprehensive regulations covering various aspects
of ship design, construction, equipment, and operational procedures. It sets forth
standards for ship stability, fire safety, life-saving appliances, navigation, and the
carriage of cargoes, including dangerous goods.
SOLAS mandates the implementation of safety management systems and
promotes a proactive approach to maritime safety. It is globally recognized and
applied, contributing significantly to the prevention of maritime accidents, the
protection of lives, and the reduction of losses at sea.
SOLAS reflects the international community's commitment to fostering a secure
and reliable maritime environment, underscoring the importance of cooperation and
adherence to standardized safety measures in the shipping industry.
TITANIC SPARKS SOLAS
The sinking of the RMS Titanic on April 15, 1912, remains one of the most
infamous maritime disasters in history. The tragedy resulted in the loss of over 1,500
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lives and exposed critical flaws in maritime safety regulations. This case discussion
explores how the sinking of the Titanic influenced the creation of the International
Convention for the Safety of Life at Sea (SOLAS).
Background:
The Titanic, a British passenger liner, sank after hitting an iceberg during its
maiden voyage from Southampton to New York City. The disaster shocked the world
and prompted widespread calls for improvements in maritime safety standards.
Investigations into the incident revealed various shortcomings in the ship's design,
construction, and safety measures, highlighting the need for a comprehensive
international framework to ensure the safety of life at sea.
Key Issues:
1. Insufficient Lifeboat Capacity: One of the major issues identified was the
inadequate number of lifeboats on the Titanic. The ship had lifeboats for only
about half of its passengers and crew, contributing to the high casualty rate.
This underscored the need for regulations that would mandate sufficient
lifeboat capacity on all ships.
2. Lack of Radio Communication: Despite the availability of radio technology, the
Titanic's radio operators were not given clear instructions on how to prioritize
distress messages. This communication failure delayed the rescue operation
and emphasized the importance of standardized procedures for radio
communication during emergencies.
3. Inadequate Safety Standards: The Titanic was constructed based on the
regulations existing at the time, which were outdated and lacked uniformity.
The disaster highlighted the necessity of establishing a global set of safety
standards that could be consistently applied across all vessels.
The Birth of SOLAS:
In response to the Titanic disaster and the glaring issues in maritime safety, the
International Convention for the Safety of Life at Sea (SOLAS) was adopted in 1914.
SOLAS aimed to establish minimum safety standards for the construction, equipment,
and operation of ships. The convention went through several amendments over the
years to address emerging challenges and advancements in maritime technology.
Impact and Legacy:
SOLAS became a landmark in maritime safety, setting the foundation for
international cooperation in ensuring the safety of seafarers and passengers. The
convention has evolved over time, incorporating new technologies, safety measures,
and addressing contemporary maritime challenges. The sinking of the Titanic serves
as a tragic but pivotal event that spurred global efforts to prevent similar disasters and
improve the safety of maritime travel.

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ARTICLES OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT

SEA, 1974
Objective and Purpose:
● The contracting governments express their desire to promote safety at sea
through uniform principles and rules.
● The Convention is intended to replace the International Convention for the
Safety of Life at Sea from 1960, considering developments since then.
General Obligations (Article I):
● Contracting governments commit to implementing the provisions of the
Convention and its annex, ensuring that ships are fit for their intended service.
Application (Article II):
● The Convention applies to ships flying the flag of contracting governments.
Communication of Laws and Regulations (Article III):
● Contracting governments must communicate non-governmental agencies, laws,
and regulations related to safety of life at sea to the International Maritime
Organization (IMO).
Force Majeure (Article IV):
● A ship not subject to the Convention during departure won't become subject
due to deviations caused by force majeure.
● Persons on board due to force majeure won't affect the application of
Convention provisions.
Carriage of Persons in Emergencies (Article V):
● Contracting governments may permit the carriage of more persons in ships to
avoid threats to their lives.
● Notice of such permission must be communicated to the IMO.
Prior Treaties and Conventions (Article VI):
● The Convention replaces the 1960 SOLAS Convention.
● Existing treaties on safety of life at sea continue to have effect unless in conflict,
where the SOLAS 1974 provisions prevail.
Special Rules (Article VII):
● If special rules are agreed upon by contracting governments, they must be
communicated to the IMO for circulation.
Amendments (Article VIII):
● The Convention can be amended through specified procedures.
● Amendments may be proposed, considered, and adopted with involvement from
contracting governments and the Maritime Safety Committee of the IMO.
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Signature, Ratification, Acceptance, Approval, and Accession (Article IX):

● The Convention is open for signature, ratification, acceptance, approval, or
accession.
● Instruments of ratification, etc., are deposited with the IMO.
Entry into Force (Article X):
● The Convention enters into force 12 months after at least 25 states,
constituting 50% of the world's gross tonnage, become parties.
Denunciation (Article XI):
● Contracting governments may denounce the Convention after five years, with
denunciation taking effect one year after depositing the instrument.
Deposit and Registration (Article XII):
● The Convention is deposited with the IMO and transmitted to the UN for
registration.
Languages (Article XIII):
● The Convention is established in Chinese, English, French, Russian, and
Spanish. Official translations in Arabic, German, and Italian are prepared.
Done at London:
● The Convention was signed on November 1, 1974, in London.
PROTOCOL OF 1988 RELATING TO THE INTERNATIONAL CONVENTION FOR
THE SAFETY OF LIFE AT SEA, 1974
Objective and Parties:
● The Protocol was agreed upon by the parties to the International Convention for
the Safety of Life at Sea, 1974, done in London on November 1, 1974.
● Recognizing the need for provisions in the Convention for survey and
certification harmonized with other international instruments.
General Obligations (Article I):
● Parties undertake to give effect to the provisions of the Protocol and its annex,
constituting an integral part.
● The Convention's provisions apply with modifications and additions outlined in
the Protocol.
Prior Treaties (Article II):
● The Protocol replaces and abrogates the Protocol of 1978 relating to the
Convention.
● Certificates issued under the provisions of the Convention and the 1978
Protocol remain valid until expiration.

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Communication of Information (Article III):

● Parties must communicate laws, regulations, and information to the
Secretary-General of the International Maritime Organization (IMO).
Signature, Ratification, Acceptance, Approval, and Accession (Article IV):
● The Protocol is open for signature from March 1, 1989, to February 28, 1990,
and remains open for accession.
● Ratification, acceptance, approval, or accession is done by depositing an
instrument with the IMO.
Entry into Force (Article V):
● The Protocol enters into force twelve months after at least 15 states,
constituting 50% of the world's gross tonnage, express their consent.
● The Protocol does not enter into force before February 1, 1992.
Amendments (Article VI):
● Procedures for amendments follow those in Article VIII of the Convention, with
modifications for the Protocol.
Denunciation (Article VII):
● Parties can denounce the Protocol after five years from its entry into force.
● Denunciation takes effect one year after depositing the instrument.
Depositary and Registration (Article VIII):
● The depositary is the Secretary-General of the IMO.
● The depositary informs governments about signatures, ratifications, and
denunciations.
● A certified copy is transmitted to the United Nations for registration and
publication.
Languages (Article IX):
● The Protocol is established in Arabic, Chinese, English, French, Russian, and
Spanish.
● An official translation into Italian is prepared and deposited.
Done at London:
● The Protocol was signed on November 11, 1988, in London.

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DISTINGUISH THE 1974 AND 1988 PROTOCOL

The 1974 International Convention for the Safety of Life at Sea (SOLAS) and the
1988 Protocol to the SOLAS Convention introduced modifications and additions to
enhance safety standards for ships.
KEY DIFFERENCES
1. Objective and Purpose:
a. The 1974 SOLAS Convention aimed at promoting safety at sea by
establishing uniform principles and rules.
b. The 1988 Protocol recognized the need for provisions harmonized with
other international instruments, focusing on survey and certification.
2. Entry into Force:
a. The 1974 SOLAS Convention entered into force on May 25, 1980.
b. The 1988 Protocol entered into force after specific conditions were met,
but it could not do so before February 1, 1992.
3. Applicability:
a. The 1988 Protocol modifies and adds to the provisions of the 1974
SOLAS Convention, and the combined effect of both applies.
4. Survey and Certification:
a. The 1988 Protocol introduced provisions specifically addressing survey
and certification, harmonizing them with corresponding provisions in
other international instruments.
b. The 1974 SOLAS Convention did not have these specific provisions
related to survey and certification.
5. Communication of Information:
a. Article III of the 1988 Protocol emphasizes communication of
information, including laws, regulations, and other instruments related
to safety at sea, to the Secretary-General of the International Maritime
Organization (IMO).
b. The 1974 SOLAS Convention did not have a similar detailed provision on
the communication of information.
6. Prior Treaties:
a. The 1988 Protocol replaced and abrogated the Protocol of 1978 relating
to the SOLAS Convention.
b. The 1974 SOLAS Convention did not have a protocol from 1978 related
to it.
7. Depositary and Registration:
a. Both the 1974 SOLAS Convention and the 1988 Protocol share the same
depositary (Secretary-General of the IMO) and procedures for registration
with the United Nations.

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TOPIC 3
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 AND
THE 1988 PROTOCOL

LO3.3.1 Evaluate the Chapters I-XII of the SOLAS Convention on their contribution to
loss prevention.
Consolidated text of the annex to the 1974 SOLAS Convention
Chapter I
General provisions
Part A of the regulations outlines the application and definitions pertinent to ships
engaged in international voyages:
Regulation 1: Application
● The regulations apply primarily to ships involved in international voyages
unless stated otherwise.
● Each chapter specifies the types of ships to which it applies and the extent of its
application.
Regulation 2: Definitions
1. "Regulations" refer to those contained in the annex to the Convention.
2. "Administration" denotes the governing body of the State whose flag the ship
flies.
3. "Approved" implies approval by the Administration.
4. "International voyage" denotes travel between a country under the Convention
and a port outside that country.
5. "Passenger" excludes the master, crew, and those working for the ship, as well
as infants under one year.
6. "Passenger ship" carries more than twelve passengers.
7. "Cargo ship" encompasses any ship not designated as a passenger ship.
8. "Tanker" describes a cargo ship built or modified to transport inflammable
liquid cargoes.
9. "Fishing vessel" is employed for catching marine resources.
10."Nuclear ship" is equipped with a nuclear power plant.
11."New ship" is one whose keel is laid or at a similar stage of construction
post-May 25, 1980.
12."Existing ship" denotes a ship not classified as new.
13."Mile" is defined as 1,852 meters or 6,080 feet.
14."Anniversary date" refers to the yearly date corresponding to the certificate's
expiry.
Regulation 3: Exceptions
● The regulations do not apply to:

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a. Ships of war and troopships.

b. Cargo ships under 500 gross tonnage.
c. Ships not propelled by mechanical means.
d. Wooden ships of primitive construction.
e. Pleasure yachts not involved in trade.
f. Fishing vessels.
g. Ships solely navigating the Great Lakes of North America and the River
St Lawrence up to a specified point are exempt, except as provided in
Chapter V.
Regulation 4: Exemptions
● Ships not regularly engaged in international voyages may be exempted by the
Administration from certain regulations for a single international journey if
safety standards are met.
● The Administration may exempt ships with novel features from certain
regulations to facilitate research, provided the ship meets safety requirements
acceptable to visiting states.
Regulation 5: Equivalents
● Administrations may permit alternatives to specified fittings, materials,
appliances, or provisions if they prove to be equally effective.
● Administrations granting such permissions must report to the Organization,
which will circulate the information to other Contracting Governments for their
awareness.
Part B of the regulations concerns surveys and certificates:
Regulation 6: Inspection and Survey
● Inspections and surveys of ships, including enforcement of regulations and
granting exemptions, are conducted by Administration officers.
● The Administration may delegate inspections and surveys to nominated
surveyors or recognized organizations, empowering them to request repairs and
conduct inspections upon request by port authorities.
● Nominated surveyors or recognized organizations must ensure corrective
actions are taken if a ship's condition doesn't match its certificate or is unfit for
sea.
● If corrective action isn't taken, relevant certificates should be withdrawn, and
the Administration and port authorities notified.
● The Administration must guarantee the completeness and effectiveness of
inspections and surveys.
Regulation 7: Surveys of Passenger Ships
● Passenger ships are subject to specific surveys, including an
i. initial survey before being put into service
ii. A renewal survey is required once every 12 months, unless specified
exemptions apply.
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iii. Additional surveys are conducted as necessary.

(b) Survey Procedures:
a. The initial survey involves a comprehensive inspection of the ship's structure,
machinery, and equipment, including the exterior of the ship's bottom and the
interior and exterior of the boilers. It ensures compliance with regulations
regarding structure, machinery, electrical and radio installations, fire safety
systems, life-saving equipment, navigational equipment, and signaling devices.
b. The renewal survey includes an inspection to ensure the ship's condition,
machinery, and equipment comply with regulations and are fit for service. It
also examines signaling devices for compliance.
c. Additional surveys are conducted after repairs or important alterations to
ensure compliance and satisfactory repairs.
(c) Regulations and Requirements:
a. Laws and regulations must ensure ships are safe for their intended service.
b. These laws detail requirements for initial and subsequent tests of boilers, steam
pipes, and fuel tanks, including test procedures and intervals between tests.
Regulation 8: Surveys of Life-Saving Appliances and Cargo Ship Equipment:
● Cargo ships weighing 500 gross tonnage or more must undergo specified
surveys for life-saving appliances and equipment.
● These surveys include:
i. An initial survey before the ship enters service.
ii. A renewal survey is conducted at intervals set by the
Administration, not exceeding 5 years, unless specified
exemptions apply.
iii. A periodical survey occurs within three months before or after the
second or third anniversary date of the Cargo Ship Safety
Equipment Certificate, replacing one of the annual surveys.
iv. An annual survey is conducted within 3 months before or after
each anniversary date of the Cargo Ship Safety Equipment
Certificate.
v. An additional survey is prescribed for cargo ships similar to those
for passenger ships in Regulation 7(b)(iii).
(b) Survey Procedures:
i. The initial survey encompasses a comprehensive inspection of fire safety
systems, life-saving appliances, navigational equipment, and other relevant
equipment to ensure compliance and suitability for service. Fire control plans,
nautical publications, and signaling devices are also checked for compliance.
ii. Renewal and periodical surveys inspect the equipment to ensure compliance
with regulations, satisfactory condition, and suitability for service.
iii. Annual surveys entail a general inspection to verify maintenance and suitability
for service.

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(c) Periodical and annual surveys are endorsed on the Cargo Ship Safety Equipment
Certificate.
Regulation 9: Surveys of Radio Installations of Cargo Ships:
● Radio installations, including those for life-saving appliances, on cargo ships
subject to Chapters III and IV undergo specified surveys.
● Surveys include an initial survey before the ship enters service, a renewal
survey at intervals not exceeding five years, a periodical survey before or after
each anniversary date of the Cargo Ship Safety Radio Certificate, and additional
surveys similar to those for passenger ships.
● Survey procedures involve inspections to ensure compliance with regulations.
(c) Periodical surveys are endorsed on the Cargo Ship Safety Radio Certificate.
Regulation 10: Surveys of Structure, Machinery, and Equipment of Cargo Ships:
(a) Surveys and Inspections:
i. An initial survey, including an inspection of the ship's bottom, occurs before the
ship enters service.
ii. A renewal survey takes place at intervals specified by the Administration, not
exceeding 5 years, unless exemptions apply.
iii. An intermediate survey occurs within three months before or after the second
or third anniversary date of the Cargo Ship Safety Construction Certificate,
replacing one annual survey.
iv. An annual survey occurs within 3 months before or after each anniversary date
of the Cargo Ship Safety Construction Certificate.
v. A minimum of two inspections of the ship's bottom happens during any
five-year period, with intervals not exceeding 36 months.
vi. An additional survey is prescribed for cargo ships, similar to those for
passenger ships.
(b) Survey and Inspection Procedures:
i. The initial survey involves a comprehensive inspection of the structure,
machinery, and equipment to ensure compliance, satisfactory condition, and
suitability for service, including stability information provision and specific
inspections for tankers.
ii. The renewal survey inspects the structure, machinery, and equipment to
ensure compliance, satisfactory condition, and suitability for service.
iii. The intermediate survey inspects various components, including boilers,
machinery, steering gear, electrical installations, and safety devices, ensuring
suitability for service, with specific inspections for tankers.
iv. The annual survey entails a general inspection to verify maintenance and
suitability for service.
v. Inspections of the ship's bottom ensure its suitability for service.

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These surveys and inspections are vital for ensuring the safety and seaworthiness of
cargo ships and complying with relevant regulations.
Regulation 11: Maintenance of Conditions after Survey
a. The ship and its equipment must be maintained to adhere to the regulations to
ensure the ship remains safe for navigation without endangering the vessel or
those on board.
b. No changes shall be made to the ship's structural arrangements, machinery,
equipment, or other items covered by the survey without the Administration's
approval following completion of any survey under regulations 7, 8, 9, or 10.
c. In the event of an accident or the discovery of a defect affecting the ship's safety
or the efficiency of its life-saving equipment, the master or owner must
promptly report to the Administration, the nominated surveyor, or recognized
organization responsible for issuing the relevant certificate. Investigations will
be initiated to determine if a survey as required by regulations 7, 8, 9, or 10 is
necessary. If the ship is in a port of another Contracting Government, the
master or owner must also report immediately to the port State's appropriate
authorities, and the nominated surveyor or recognized organization must
confirm that the report has been made.
Regulation 12: Issue or Endorsement of Certificates
(a) Certificates issued after initial or renewal surveys include:
i. Passenger Ship Safety Certificate for passenger ships complying with relevant
regulations.
ii. Cargo Ship Safety Construction Certificate for cargo ships complying with
structural requirements.
iii. Cargo Ship Safety Equipment Certificate for cargo ships complying with
equipment requirements.
iv. Cargo Ship Safety Radio Certificate for cargo ships complying with radio
equipment requirements.
v. Cargo Ship Safety Certificate may be issued as an alternative to individual
certificates, encompassing various safety aspects.
vi. Certificates must be supplemented by a Record of Equipment.
vii. An Exemption Certificate is issued when a ship is granted an exemption
under the regulations, in addition to other certificates.
viii. Certificates mentioned in this regulation may be issued or endorsed by the
Administration or any authorized person or organization, with the
Administration assuming full responsibility for the certificates.
(b) Contracting Governments are prohibited from issuing certificates under the
International Convention for the Safety of Life at Sea, 1960, 1948, or 1929 after the
acceptance date of the present Convention by the Government.
Regulation 13: Issue or Endorsement of Certificates by Another Government

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● A Contracting Government may survey a ship at the Administration's request,

issuing or authorizing certificates if the ship complies with present regulations.
● Certificates issued in this manner must state they were issued at the request of
the ship's flag State and hold the same recognition as certificates issued under
Regulation 12.
Regulation 14: Duration and Validity of Certificates
(a) Duration of Certificates:
● Passenger Ship Safety Certificate: maximum validity of 12 months.
● Cargo Ship Safety Construction, Equipment, and Radio Certificates: validity
specified by the Administration, not exceeding 5 years.
● Exemption Certificate: validity not longer than the certificate to which it refers.
(b) Renewal Survey Validity:
● If the renewal survey is completed within three months before the existing
certificate's expiry, the new certificate is valid for:
o Passenger ship: up to 12 months from the existing certificate's expiry.
o Cargo ship: up to 5 years from the existing certificate's expiry.
● If the renewal survey is completed after the existing certificate's expiry, the new
certificate is valid for the same durations as above but from the renewal
survey's completion date.
● If the renewal survey is completed more than three months before the existing
certificate's expiry, the new certificate is valid for the same durations as above
but from the renewal survey's completion date.
(c) Certificate Validity Extension:
● If a certificate is issued for less than five years, the Administration may extend
its validity beyond the expiry date to the maximum period specified in
paragraph (a) provided appropriate surveys are conducted.
(e) If a renewal survey is completed but the new certificate cannot be issued before the
existing one expires, an authorized person or organization may endorse the existing
certificate. This endorsed certificate remains valid for up to 5 months from the expiry
date.
(f) If a ship's certificate expires while it's not in a port for survey, the Administration
may extend it to allow the ship to complete its voyage to the survey port, not exceeding
3 months. Upon completion of the renewal survey, the new certificate is valid for:
● Passenger ship: up to 12 months from the previous certificate's expiry before
the extension.
● Cargo ship: up to 5 years from the previous certificate's expiry before the
extension.
(g) A certificate issued to a ship on short voyages, not extended previously, may be
extended by the Administration for a grace period of up to one month from the expiry

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date. Upon renewal survey completion, the new certificate is valid for the same
durations as in (f).
(h) In special circumstances determined by the Administration, the new certificate
need not start from the previous certificate's expiry. Instead, it can be valid for up to:
● Passenger ship: 12 months from the renewal survey completion.
● Cargo ship: 5 years from the renewal survey completion.
(i) If annual, intermediate, or periodical surveys are completed earlier than prescribed,
the anniversary date on the certificate may be amended to not more than three
months after the survey's completion. Subsequent surveys should follow the new
anniversary date, with the expiry date remaining unchanged as long as the maximum
intervals between surveys are not exceeded.
(j) A certificate issued under regulations 12 or 13 becomes invalid if:
● Surveys and inspections aren't completed within the specified periods.
● The certificate isn't endorsed according to regulations.
● The ship is transferred to another flag state. In case of transfer between
Contracting Governments, the previous flag State must provide copies of the
ship's certificates and relevant survey reports upon request within three
months of the transfer.
Regulation 15: Forms of certificates and records of equipment
● Certificates and records of equipment must adhere to the models provided in
the appendix to the Convention. If a language other than English or French is
used, the text should include a translation into one of these languages.
Regulation 16: Availability of certificates
● Certificates issued under regulations 12 and 13 must be readily available
onboard for examination at all times.
Regulation 17: Acceptance of certificates
● Certificates issued under the authority of one Contracting Government must be
accepted by other Contracting Governments for all purposes outlined in the
Convention. They hold the same validity as certificates issued by the receiving
Government.
Regulation 18: Qualification of certificates
● If a ship, during a specific voyage, carries fewer persons than stated in the
Passenger Ship Safety Certificate, an annex may be issued by the relevant
authority. This annex, valid only for that voyage, states that the ship's reduced
capacity doesn't violate safety regulations and substitutes for the original
certificate concerning life-saving appliances.
Regulation 19: Control

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● Ships in ports of other Contracting Governments are subject to control by

authorized officers to verify the validity of certificates issued under regulations
12 or 13.
● Valid certificates are accepted unless there are clear reasons to believe that the
ship or its equipment does not comply with the certificate's particulars or with
regulation 11(a) and (b).
● If there are concerns about compliance or if a certificate has expired, the
controlling officer ensures the ship doesn't sail until it's safe.
● In case of intervention during control, the controlling officer must promptly
inform the Consul or the nearest diplomatic representative in writing.
● The port State authority must inform the relevant authorities at the next
port of call about all pertinent information regarding the ship if it cannot
take the specified actions outlined in paragraphs (c) and (d), or if the ship
has been permitted to proceed to the next port of call. This notification
should include the parties mentioned in paragraph (d), along with additional
relevant authorities.
● During the exercise of control as per this regulation, every effort should be
made to prevent undue detention or delay of a ship. If a ship is unduly
detained or delayed as a result, it is entitled to compensation for any losses or
damages incurred.
Regulation 20: Privileges
● The privileges granted by the Convention cannot be claimed on behalf of any
ship unless it possesses appropriate and valid certificates.
Regulation 21: Casualties
● Each Administration commits to conducting an investigation into any casualty
involving any of its ships that fall under the provisions of the present
Convention if it deems that such an investigation could help in identifying
desirable changes in the current regulations.
● Each Contracting Government agrees to provide the Organization with relevant
information regarding the outcomes of these investigations. Reports or
recommendations made by the Organization based on this information must
not reveal the identity or nationality of the ships involved, nor attribute
responsibility to any ship or individual in any way.
Chapter II-1 - Construction - Subdivision and stability, machinery and electrical
installations
The subdivision of passenger ships into watertight compartments must be such
that after assumed damage to the ship's hull the vessel will remain afloat and stable.
Requirements for watertight integrity and bilge pumping arrangements for passenger
ships are also laid down as well as stability requirements for both passenger and cargo
ships.

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The degree of subdivision - measured by the maximum permissible distance

between two adjacent bulkheads - varies with ship's length and the service in which it
is engaged. The highest degree of subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to
ensure that services which are essential for the safety of the ship, passengers and
crew are maintained under various emergency conditions.
"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010,
requiring new ships to be designed and constructed for a specified design life and to be
safe and environmentally friendly, in intact and specified damage conditions,
throughout their life. Under the regulation, ships should have adequate strength,
integrity and stability to minimize the risk of loss of the ship or pollution to the marine
environment due to structural failure, including collapse, resulting in flooding or loss
of watertight integrity.
What are watertight compartments?

Watertight compartments refer to sealed sections within a structure, typically a

ship or a submarine, that are designed to prevent the ingress of water in the event of
damage or flooding. These compartments are constructed with strong, impermeable
materials such as steel and are sealed tightly to ensure that water cannot pass through
them easily. The purpose of watertight compartments is to enhance the vessel's stability
and buoyancy by containing flooding to specific areas, thereby reducing the risk of
sinking. In the event of a breach, such as a hull breach or damage from collision, the
compartments can be sealed off to contain the flooding and prevent it from spreading
throughout the entire vessel, allowing it to remain afloat and operational in emergency
situations. This design feature is crucial for ensuring the safety and survivability of the
vessel and its occupants, especially in maritime environments where the risk of
accidents and emergencies at sea is inherent.
Chapter II-2 - Fire protection, fire detection and fire extinction
Includes detailed fire safety provisions for all ships and specific measures for
passenger ships, cargo ships and tankers.

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They include the following principles: division of the ship into main and vertical zones
by thermal and structural boundaries; separation of accommodation spaces from the
remainder of the ship by thermal and structural boundaries; restricted use of
combustible materials; detection of any fire in the zone of origin; containment and
extinction of any fire in the space of origin; protection of the means of escape or of
access for fire-fighting purposes; ready availability of fire-extinguishing appliances;
minimization of the possibility of ignition of flammable cargo vapour.
What are the different fire-extinguishing appliances onboard?

1. Fire Extinguishers: Portable firefighting devices available in different types

such as dry powder, CO2 (carbon dioxide), foam, and water. They are used for
extinguishing small fires in different areas of the ship.
2. Fire Hoses and Nozzles: These are connected to the ship's fire main system and
can deliver water or foam to extinguish fires. They are typically located at
strategic points throughout the vessel.
3. Fire Hydrants: Installed at various locations on the ship, fire hydrants are
connection points for fire hoses to the ship's water supply system.
4. Fire Pumps: Vital components of the ship's firefighting system, fire pumps
provide pressurized water to fire hoses and hydrants for firefighting operations.
5. Fire Monitors: Also known as fire nozzles or water cannons, fire monitors are
fixed or portable devices that can deliver large volumes of water or foam to
extinguish fires, especially in high-risk areas or during ship-to-ship firefighting
operations.
6. Fire Blankets: Used to smother small fires or wrap around individuals to protect
them from flames or hot surfaces.

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7. Fixed Fire Suppression Systems: These include automatic sprinkler systems,

CO2 flooding systems, and foam systems installed in machinery spaces, cargo
holds, and other critical areas to suppress fires without direct human
intervention.
8. Breathing Apparatus: Essential for firefighting in enclosed or smoke-filled
spaces, breathing apparatus provide crew members with a clean air supply for
safe entry into hazardous areas.
9. Fire Detection and Alarm Systems: These systems comprise smoke detectors,
heat detectors, flame detectors, and alarms that provide early warning of fire
emergencies, enabling prompt response and evacuation procedures.
10.Fire Axes, Hooks, and Buckets: Additional firefighting tools and equipment
used for breaking through obstacles, ventilating spaces, and carrying water or
firefighting agents.
Chapter III - Life-saving appliances and arrangements
The Chapter includes requirements for life-saving appliances and
arrangements, including requirements for life boats, rescue boats and life jackets
according to type of ship. The International Life-Saving Appliance (LSA) Code gives
specific technical requirements for LSAs and is mandatory under Regulation 34, which
states that all life-saving appliances and arrangements shall comply with the
applicable requirements of the LSA Code.
What is a lifeboat?

A lifeboat is a specialized watercraft designed for emergency situations to

evacuate passengers and crew from a ship in distress. Constructed of sturdy materials
like steel or fiberglass, lifeboats are equipped with features to ensure safety and
survival during maritime emergencies, such as sinking, fire, collision, or other scenarios
necessitating abandoning ship. They incorporate buoyancy chambers to remain afloat
even if partially submerged. Lifeboats are designed with specific capacities to
accommodate passengers and crew according to maritime regulations. Essential safety
gear like life jackets, emergency rations, first aid kits, signaling devices, and sometimes
survival equipment is stored aboard. Depending on size and type, lifeboats may feature
manual propulsion through oars or engine-powered for faster evacuation and
maneuverability. Equipped with launching and retrieval systems, they can be quickly
deployed from the ship even in adverse conditions. Visibility is enhanced through bright
colors and reflective markings for easier identification during rescue operations.
Lifeboats play a critical role in maritime safety, providing a means of escape and
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survival for those in distress at sea, ensuring they have a chance of rescue and survival
in challenging maritime emergencies.
What is a rescue boat?

A rescue boat is a specialized watercraft designed primarily for conducting search

and rescue operations in maritime environments. Unlike lifeboats, which are primarily
used for evacuating passengers and crew from distressed ships, rescue boats are
dedicated vessels intended to assist individuals in distress at sea or in other
water-related emergencies. Rescue boats are equipped with features to facilitate swift
and efficient rescue operations, including powerful engines for rapid response,
maneuverability, and the ability to navigate through various water conditions. They
typically have a smaller capacity compared to lifeboats and are often manned by trained
rescue personnel who are skilled in handling emergency situations. Rescue boats are
equipped with essential lifesaving equipment such as life jackets, first aid kits, flotation
devices, and communication systems to aid in rescue efforts. They are also designed for
ease of deployment and retrieval, enabling quick response to distress calls and
emergencies.
What is a life jacket?

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A lifejacket, also known as a personal flotation device (PFD), is a vital piece of

safety equipment designed to help individuals stay afloat in water and prevent
drowning in case of emergencies, particularly in aquatic environments. Lifejackets are
typically constructed of buoyant materials such as foam or inflatable chambers that
provide flotation when worn by a person. They are designed to keep the wearer's head
above water, even if they are unconscious, thereby increasing the chances of survival
until rescue arrives. Lifejackets come in various styles and sizes, including inherently
buoyant types that rely on foam for flotation and inflatable types that can be manually
or automatically inflated when needed. They are adjustable to fit different body sizes
and often feature reflective strips for enhanced visibility in low-light conditions.
Lifejackets are essential safety equipment for boaters, sailors, kayakers, fishermen, and
individuals participating in water sports or activities where there is a risk of accidental
immersion or capsizing. By providing buoyancy and keeping individuals afloat,
lifejackets significantly reduce the risk of drowning and contribute to overall water
safety.
Chapter IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System
(GMDSS). All passenger ships and all cargo ships of 300 gross tonnage and upwards
on international voyages are required to carry equipment designed to improve the
chances of rescue following an accident, including satellite emergency position
indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for
the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to
provide radiocommunication services as well as ship requirements for carriage of
radiocommunications equipment. The Chapter is closely linked to the Radio
Regulations of the International Telecommunication Union.
What is GMDSS?

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The Global Maritime Distress and Safety System (GMDSS) is an internationally

recognized set of regulations and procedures established by the International Maritime
Organization (IMO) to enhance communication, search and rescue (SAR) operations, and
maritime safety worldwide. GMDSS requires ships to carry specific types of
communication equipment, including satellite systems, VHF radios, HF radios, and
NAVTEX receivers, to ensure that distress alerts can be transmitted and received
effectively regardless of location or conditions.
What is EPIRB?

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An Emergency Position Indicating Radio Beacon (EPIRB) is a distress beacon

designed to transmit a distress signal to SAR authorities and nearby vessels in the
event of an emergency at sea. EPIRBs are equipped with a GPS receiver to provide
precise location information, allowing rescuers to quickly locate the distressed vessel or
individuals. EPIRBs can be manually activated or automatically deployed when
submerged in water, and they play a critical role in alerting SAR authorities to maritime
emergencies and facilitating prompt rescue operations.
What is SART?

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A Search and Rescue Transponder (SART) is a radar-transponder device used to

enhance the detection of survival craft and distressed vessels by search and rescue
(SAR) teams. When activated, a SART responds to radar signals from nearby vessels or
aircraft by transmitting a series of pulses, which appear as a distinctive pattern on
radar screens. This enables SAR teams to quickly locate and identify the position of the
distressed vessel or life raft, making SARTs invaluable tools for maritime search and
rescue operations, especially in poor visibility or adverse weather conditions.
Chapter V - Safety of navigation
Chapter V identifies certain navigation safety services which should be provided
by Contracting Governments and sets forth provisions of an operational nature
applicable in general to all ships on all voyages. This is in contrast to the Convention
as a whole, which only applies to certain classes of ship engaged on international
voyages.
The subjects covered include the maintenance of meteorological services for
ships; the ice patrol service; routeing of ships; and the maintenance of search and
rescue services.
This Chapter also includes a general obligation for masters to proceed to the
assistance of those in distress and for Contracting Governments to ensure that all
ships shall be sufficiently and efficiently manned from a safety point of view.
The chapter makes mandatory the carriage of voyage data recorders (VDRs) and
automatic ship identification systems (AIS).
Voyage Data Recorders (VDRs)

VDRs are sometimes referred to as the "black box" of ships. They are similar in
function to the flight data recorders used in aircraft. VDRs are designed to record data
from various sensors and systems on board a vessel. This data typically includes the
ship's position, speed, heading, radar images, audio from the bridge, and other critical
parameters. In the event of an accident, VDRs provide investigators with valuable
information to determine the cause of the incident.
VDRs are typically required on larger vessels, such as cargo ships and
passenger vessels, by maritime regulations. They help improve safety at sea and aid in
accident investigation and analysis.

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Automatic Identification Systems (AIS)

AIS is a system used for automatic tracking of ships and other maritime
vessels. It allows vessels to broadcast their identity, position, speed, course, and other
relevant information to other ships and to shore-based monitoring stations.
AIS transponders are installed on ships and continuously broadcast data over
VHF radio frequencies. This information can be received by other ships in the vicinity
as well as by shore stations, allowing for improved situational awareness and collision
avoidance.
AIS data is used by maritime authorities, ship operators, and researchers for
various purposes, including vessel tracking, traffic monitoring, maritime security, and
search and rescue operations.
Chapter VI - Carriage of Cargoes
The Chapter covers all types of cargo (except liquids and gases in bulk) "which,
owing to their particular hazards to ships or persons on board, may require special
precautions". The regulations include requirements for stowage and securing of cargo
or cargo units (such as containers). The Chapter requires cargo ships carrying grain to
comply with the International Grain Code.
International Grain Code
The International Grain Code (IGC) is a comprehensive set of regulations
established by the International Maritime Organization (IMO) to govern the safe
transport of grain cargoes via sea vessels. Its principal objective is to mitigate risks
associated with the carriage of grain, including hazards such as shifting and
liquefaction, which could endanger the ship and its crew.
The IGC delineates guidelines and mandates pertaining to various aspects of
grain cargo handling, stowage, and carriage. It stipulates stability criteria to ensure
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vessels maintain adequate stability throughout the voyage and prescribes proper
stowage and securing methods to prevent shifting and maintain stability.
Additionally, the code outlines requirements for ventilation systems to control
temperature and humidity levels within cargo holds, thus preventing spoilage and
mold growth. Furthermore, vessels carrying grain cargoes are obligated to possess
appropriate documentation, including grain loading manuals and stability
calculations, to adhere to the code's provisions. Inspection and certification
procedures are also established to verify compliance with the code's requirements.
Chapter VII - Carriage of dangerous goods
The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for
the classification, packing, marking, labelling and placarding, documentation and
stowage of dangerous goods. Contracting Governments are required to issue
instructions at the national level and the Chapter makes mandatory the International
Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly
updated to accommodate new dangerous goods and to supplement or revise existing
provisions.
Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the
documentation, stowage and segregation requirements for these goods and requires
reporting of incidents involving such goods.
Part B covers Construction and equipment of ships carrying dangerous liquid
chemicals in bulk and requires chemical tankers to comply with the International
Bulk Chemical Code (IBC Code).
Part C covers Construction and equipment of ships carrying liquefied gases in
bulk and gas carriers to comply with the requirements of the International Gas Carrier
Code (IGC Code).
Part D includes special requirements for the carriage of packaged irradiated
nuclear fuel, plutonium and high-level radioactive wastes on board ships and requires
ships carrying such products to comply with the International Code for the Safe
Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive
Wastes on Board Ships (INF Code).
The chapter requires carriage of dangerous goods to be in compliance with the
relevant provisions of the International Maritime Dangerous Goods Code (IMDG Code).
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-powered ships and is particularly
concerned with radiation hazards. It refers to detailed and comprehensive Code of
Safety for Nuclear Merchant Ships which was adopted by the IMO Assembly in 1981.
Chapter IX - Management for the Safe Operation of Ships

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The Chapter makes mandatory the International Safety Management (ISM)

Code, which requires a safety management system to be established by the shipowner
or any person who has assumed responsibility for the ship (the "Company").
International Safety Management (ISM) Code
The International Safety Management (ISM) Code is a set of international
regulations developed by the International Maritime Organization (IMO) to ensure the
safe management and operation of ships and the prevention of marine pollution. The
ISM Code applies to all types of ships engaged in international voyages, including
passenger ships, oil tankers, bulk carriers, and cargo vessels.
The primary goal of the ISM Code is to establish a standardized framework for
the implementation of safety management systems (SMS) by shipowners and
operators.
Key Components of the ISM Code
1. Safety Management System (SMS): The ISM Code requires shipowners and
operators to develop, implement, and maintain a safety management system
tailored to the specific needs of their vessels and operations. The SMS should
include procedures and instructions for safe operation, emergency
preparedness, crew training, and maintenance of the ship and its equipment.
2. Designated Person Ashore (DPA): The ISM Code mandates that each shipping
company appoint a Designated Person Ashore (DPA) who is responsible for
ensuring the effective implementation of the SMS and liaising with the ship's
management on safety-related matters.
3. Company Responsibilities: The ISM Code places responsibility on the ship's
management (the company) to ensure that the vessel complies with all relevant
international regulations and standards, including those related to safety,
pollution prevention, and crew welfare.
4. Shipboard Responsibilities: The ISM Code requires that the ship's master and
crew are actively involved in the implementation of the SMS and are provided
with the necessary training and resources to carry out their duties safely and
effectively.
5. Continuous Improvement: The ISM Code emphasizes the importance of
continuous improvement and encourages companies to conduct regular audits
and reviews of their safety management systems to identify areas for
enhancement and ensure compliance with the code's requirements.
Chapter X - Safety measures for high-speed craft
The Chapter makes mandatory the International Code of Safety for High-Speed
Craft (HSC Code).
Chapter XI-1 - Special measures to enhance maritime safety
The Chapter clarifies requirements relating to authorization of recognized
organizations (responsible for carrying out surveys and inspections on

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Administrations' behalves); enhanced surveys; ship identification number scheme; and

port State control on operational requirements.
Chapter XI-2 - Special measures to enhance maritime security
Regulation XI-2/3 of the chapter enshrines the International Ship and Port
Facilities Security Code (ISPS Code). Part A of the Code is mandatory and part B
contains guidance as to how best to comply with the mandatory requirements.
Regulation XI-2/8 confirms the role of the Master in exercising his professional
judgement over decisions necessary to maintain the security of the ship. It says he
shall not be constrained by the Company, the charterer or any other person in this
respect.
Regulation XI-2/5 requires all ships to be provided with a ship security alert
system. ,Regulation XI-2/6 covers requirements for port facilities, providing among
other things for Contracting Governments to ensure that port facility security
assessments are carried out and that port facility security plans are developed,
implemented and reviewed in accordance with the ISPS Code. Other regulations in this
chapter cover the provision of information to IMO, the control of ships in port,
(including measures such as the delay, detention, restriction of operations including
movement within the port, or expulsion of a ship from port), and the specific
responsibility of Companies.
The International Ship and Port Facilities Security Code (ISPS Code)
The International Ship and Port Facilities Security Code (ISPS Code) is a set of
regulations developed by the International Maritime Organization (IMO) in response to
the terrorist attacks of September 11, 2001. The primary objective of the ISPS Code is
to enhance the security of ships and port facilities worldwide to prevent acts of
terrorism and other security threats against maritime transportation.
The ISPS Code requires governments, shipping companies, and port facilities to
implement security measures and procedures aimed at:
1. Detecting security threats: This involves implementing measures to identify
potential security threats, including unauthorized access to ships and port
facilities, suspicious activities, and the presence of dangerous materials or
weapons.
2. Preventing security incidents: The ISPS Code mandates the development and
implementation of security plans and procedures to prevent security incidents
such as unauthorized boarding, sabotage, and hijacking of ships.
3. Responding to security emergencies: It requires the establishment of
procedures for responding to security emergencies, including the coordination
of response efforts with relevant authorities and organizations.
To comply with the ISPS Code, ships and port facilities are required to undergo
security assessments and develop security plans tailored to their specific operations
and vulnerabilities. These security plans outline the measures and procedures to be
implemented to enhance security and mitigate security risks.

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Key components of the ISPS Code

1. Designation of security officers responsible for implementing and overseeing
security measures.
2. Implementation of access control measures to restrict unauthorized entry to
ships and port facilities.
3. Conducting regular security drills and exercises to test the effectiveness of
security plans and procedures.
4. Providing security training and awareness programs for personnel involved in
maritime transportation.
Compliance with the ISPS Code is verified through inspections and audits
conducted by government authorities and recognized security organizations.
Non-compliance with the ISPS Code may result in penalties, sanctions, or restrictions
on the operation of ships and port facilities.
Maritime Security Levels
The different maritime security levels refer to the levels of security measures
and readiness established by the International Ship and Port Facility Security (ISPS)
Code to address varying levels of security threats to maritime transportation. The ISPS
Code defines three security levels, which are implemented based on the assessment of
security threats and intelligence information:
Security Level 1 (Normal)
1. Security Level 1 is the baseline security level and is in effect at all times.
2. Under Security Level 1, standard security measures and procedures are
maintained to ensure the ongoing security of ships and port facilities.
3. Security Level 1 requires the implementation of routine security measures
outlined in the ship or port facility security plans.
Security Level 2 (Heightened)
1. Security Level 2 is implemented when there is an increased risk of a security
incident, such as a specific threat or intelligence indicating heightened security
concerns.
2. Under Security Level 2, additional security measures are implemented to
enhance security preparedness and response capabilities.
3. Additional security measures may include increased monitoring of access
points, enhanced surveillance, increased security patrols, and heightened
security awareness among personnel.
4. Security Level 2 may be implemented for specific areas, ports, or vessels based
on the assessed level of threat.
Security Level 3 (Exceptional)
1. Security Level 3 is the highest level of security alert and is implemented in
response to an imminent security threat or following a security incident.

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2. Under Security Level 3, maximum security measures are implemented to

prevent and respond to security threats effectively.
3. Additional security measures may include restricted access to port facilities,
increased security presence, enhanced screening procedures, and the
deployment of specialized security teams.
4. Security Level 3 may be declared by national authorities or the International
Maritime Organization (IMO) in response to specific security threats or
incidents.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres
in length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part
I-A of the International Code for Ships Operating in Polar Waters (the Polar Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in
MSC Resolutions.

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TOPIC 4
SOLAS ANNEXES
LO4.4.1 Evaluate Annex 1-4 of the SOLAS Convention on their contribution to the loss
prevention
The International Convention for the Safety of Life at Sea (SOLAS) is a critical
international maritime safety treaty that aims to ensure the safety of merchant ships.
Annexes 1 to 4 of the SOLAS Convention address various aspects of ship design,
construction, and equipment, all of which contribute significantly to loss prevention in
the maritime industry.
Annex 1 - Construction:
This annex lays down the requirements for the construction of ships, including
the stability of vessels, subdivision and damage stability, fire protection, and lifesaving
appliances. By specifying construction standards and safety measures, Annex 1 helps
prevent loss of life and property due to structural failure, instability, fire, or sinking.
These regulations ensure that ships are built to withstand the rigors of the marine
environment and potential emergencies.
Annex 2 - Fire protection, fire detection and fire extinction:
Annex 2 focuses specifically on fire safety measures aboard ships. It mandates
requirements for fire detection systems, firefighting equipment, and fire prevention
measures. By ensuring that ships are equipped with adequate firefighting equipment
and systems, Annex 2 helps prevent and mitigate the impact of fires at sea, which can
lead to catastrophic losses if not promptly controlled.
Annex 3 - Life-saving appliances and arrangements:
This annex outlines the requirements for life-saving appliances and
arrangements on board ships, including lifeboats, life rafts, lifebuoys, and other
rescue equipment. It also covers procedures for drills and training in the use of
life-saving equipment. Annex 3 plays a crucial role in preventing loss of life by
ensuring that ships are equipped with effective means of evacuation and rescue in
emergency situations such as abandonment or sinking.
Annex 4 - Radio communications:
Annex 4 sets out the requirements for radio communications equipment and
procedures on board ships. It includes regulations for the installation and operation of
radio communication and distress signaling equipment, as well as requirements for
radio personnel qualifications. Effective radio communications are essential for
ensuring prompt response to emergencies, coordination of search and rescue
operations, and communication with shore authorities. Annex 4 contributes to loss
prevention by facilitating efficient communication and coordination during maritime
incidents, thereby reducing response times and improving the chances of successful
rescue operations.

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TOPIC 5
Introduction to Maritime Labour Convention (MLC 2006)
LO5.5.1 Explain the seafarers’ competency to reduce or eliminate losses at sea.
LO5.5.2 Explain the Articles of the Maritime Labour Convention 2006
LO7.7.1 Evaluate the different Regulation under MLC 2006 on how it improves the
working environment of seafarers.
LABOR CODE OF THE PHILIPPINES
WHAT IS THE LABOR CODE?
The Labor Code (P.D. No. 442, as amended) is a set of substantive and
procedural laws that prescribe the principal rights and responsibilities of employers,
employees and other industrial participants, as well as the role of Government, in
employment and related activities, so as to institute social justice.
The Labor Code lays down the fundamental rights and correlative obligations of
employers and employees to each other, such as those about work days and work
hours, wage and wage protection, validity of dismissal as well as the processes of
unionization and collective bargaining. Those substantive rights are enforceable
through procedures prescribed in the Code, devised by either the parties themselves or
the government in its role as regulator of employment relations.
The Labor Code is not one-sided. It is not meant to protect a sector to oppress
another. All throughout the Code, the rights and responsibilities not only of employees
but also of employers are recognized. Indeed, the Labor Code has to protect the
interests of both employees and employers, for if it does not, it would be
unconstitutional. The very first article of the Constitution’s Bill of Rights refers to all
persons — rich or poor, aliens or citizens, artificial or natural — when it states: “No
person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.” It is unjustified to view
the Labor Code as a law of and for workers only, if this term refers only to hired
workers.
INTERNATIONAL ASPECT
Not to be overlooked is the international aspect of our labor laws, considering
that the Philippines is a member of the ILO.
The International Labour Organization (ILO) is the UN specialized agency which
seeks the promotion of social justice and internationally recognized human and labour
rights.
The ILO was created in 1919, at the end of the First World War, at the time of
the Peace Conference which convened first in Paris, then at Versailles. The need for
such an organization had been advocated in the nineteenth century by two
industrialists, Robert Owen (1771-1853) of Wales and Daniel Legrand (1783-1859) of
France.
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ILO is the only surviving major creation of the treaty of Versailles which brought
the League of Nations into being and it became the first specialized agency of the UN
in 1946.
The ILO formulates international labour standards in the form of Conventions
and Recommendations setting minimum standards of basic labour rights: freedom of
association, the right to organize, collective bargaining, abolition of forced labour,
equality of opportunity and treatment, and other standards regulating conditions
across the entire spectrum of work-related issues.
An essential characteristic of ILO is tripartism, that is, it is composed not only
of government representatives but also of employers’ and workers’ organizations. The
principle of tripartism permeates the composition of ILO’s deliberative bodies and
influences in many respects the contents of ILO instruments.
The route to Philippine membership in the ILO started with its membership in
the UN on June 26, 1945. On March 19, 1948, the Philippine Senate passed
Resolution No. 44 concurring to the country’s acceptance of obligations under the ILO
Constitution and By-laws. Succeeding President Roxas, President Quirino formally
accepted such obligation by signing Proclamation No. 67 on May 19, 1948. Finally,
during the ILO Conference in San Francisco, the Philippines signed in as a member of
the ILO on June, 15, 1948.
THE DOLE: ITS RESPONSIBILITY
The labor force grows by more than 300,000 every year, but only about half of
this number finds employment.
The employment problem is admittedly multi-faceted and its solution is the
concern not only of one or two government departments but of the entire
governmental system. It is even the concern of the private sector and the civil society.
But since there has to be a lead agency, the Administrative Code of 1987 (Executive
Order No. 292) names the Department of Labor and Employment as “the primary
policy-making, programming, coordinating, and administrative entity of the
Executive Branch of the government in the field of labor and employment.” The
Administrative Code mandates DOLE to assume “primary responsibility” for:
a) The promotion of gainful employment opportunities and the optimization of
the development and utilization of the country’s manpower resources;
b) The advancement of worker’s welfare by providing for just and humane working
conditions and terms of employment;
c) The maintenance of industrial peace by promoting harmonious, equitable and
stable employment relations that assure protection for the rights of all concerned
parties.
These three areas of DOLE’s primary responsibility are detailed in the Labor
Code, such as Articles 12 and 14, and a few special laws. The same primary
responsibilities of DOLE provide the rationale for its operational structure. The DOLE

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agencies, offices, and bureaus are “clustered” correspondingly to DOLE’s areas of

responsibility.
The Regional Offices (ROs), headed by Regional Directors (RDs), are the DOLE
frontline action centers (see Articles 128-129).
ART. 13. DEFINITIONS
(a) “Worker” means any member of the labor force, whether employed or unemployed.
(b) “Recruitment and placement” refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and includes
referrals, contract services, promising or advertising for employment, locally or abroad,
whether for profit or not: Provided, That any person or entity which, in any manner,
offers or promises for a fee employment to two or more persons shall be deemed
engaged in recruitment and placement.
(c) “Private fee-charging employment agency” means any person or entity engaged
in the recruitment and placement of workers for a fee which is charged, directly or
indirectly, from the workers or employers or both.
(d) “License” means a document issued by the Department of Labor authorizing a
person or entity to operate a private employment agency.
(e) “Private recruitment entity” means any person or association engaged in the
recruitment and placement of workers, locally or overseas, without charging, directly
or indirectly, any fee from the workers or employers.
(f) “Authority” means a document issued by the Department of Labor authorizing a
person or association to engage in recruitment and placement activities as a private
recruitment entity.
(g) “Seaman” means any person employed in a vessel engaged in maritime navigation.
(h) “Overseas employment” means employment of a worker outside the Philippines.
(i) “Emigrant” means any person, worker or otherwise, who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its equivalent in the
country of destination.
OFWs: Land-based or Sea-based
Officially, OFW’s are classified by DOLE as either land-based or sea based.
Sea-Based OFW’s (or seamen) are those employed in a vessel engaged in maritime
navigation. Sea-based work pertains to ship operations like navigation, engineering,
maintenance, including a variety of occupations from kitchen staff to on-board
entertainment in large vessel ships. Land-Based OFW’s are contract workers other
than a seaman including workers engaged in offshore activities whose occupation
requires that majority of his working/ gainful hours are spent on land. Occupations in
the land-based categories are broader, covering all the skill areas one can think of
from house cleaners to entertainers to managers. The land-based group constitutes
the great majority of OFWs.
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OVERSEAS EMPLOYMENT, A BRIEF HISTORY

Labor migration in the Philippines began in the 1900s when Hawaii experienced
severe manpower shortage. The two hundred Filipinos that initially went there were
followed by many more until they formed about 70 percent of Hawaii’s plantation
labor.
Then, Filipinos became in demand in California as apple and orange pickers
and gained a reputation as fruit pickers, prompting plantation owners to increase
incentives for manpower recruitment in the Philippines.
After World War II, waves of Filipino workers went to Guam, Okinawa and the
Wake Islands as constructors and laborers in US military stations. The Filipino
overseas contract workers’ participation in US defense and civilian projects was
institutionalized when the Korean-Vietnam war broke out.
At about the same time, Canada and Australia had been hiring professional
workers, most of them medical workers. Soon after, Asian nations like Borneo,
Thailand, Malaysia and Indonesia also opened their labor markets for construction
and logging personnel.
But it was in the early 1970s that the overseas employment program grabbed
the limelight when, fueled by the prosperity of oil-rich Middle East countries,
specifically the Kingdom of Saudi Arabia, Filipino skills flooded their manpower
starved population. From 3,694 workers deployed in 1969, almost half a million
Filipino employment contracts were processed for overseas jobs in 1983, mostly for the
Middle East particularly the Kingdom of Saudi Arabia.
Of all labor host countries, the Saudi labor market made an overwhelming
impact on the Philippine overseas employment program.
Asia, however, particularly the region’s newly industrialized countries (NICs), is
fast becoming a potential major labor market for Filipinos. Manpower shortages in
Hong Kong — the country’s biggest labor market in Asia — Singapore and Malaysia
are opening more employment opportunities for skilled and professional Filipino
workers.
Also, the relaxation of Japanese immigration policies and other global political
and economic developments are veering the Philippine labor migration tide toward
Asia.
THE POEA; OVERVIEW OF ITS FUNCTIONS AND POWERS
As already noted, the Philippine Overseas Employment Administration has
taken over the functions of OEDB and the NSB. Created by E.O. No. 797 (May 1,
1982), POEA was reorganized by E.O. No. 247 (July 24, 1987). The principal functions
of the POEA include the formulation, implementation, and monitoring of policies and
programs on overseas employment of Filipino workers. POEA is the protector of
overseas workers’ rights to fair and equitable employment practices. An additional
function of POEA is the deployment of Filipino workers through

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government-to-government hiring. POEA has extended its services nationally through

its regional extension units to process vacationing workers, register sea-based
workers, and participate in government hiring through manpower pooling.
POEA performs administrative, regulatory and enforcement, as well as limited
adjudicatory functions. Accordingly, the POEA has issued and amended the rules and
regulations governing overseas employment. These form part of the Implementing
Rules, Book I, in this volume.
MINIMUM EMPLOYMENT CONDITIONS
The POEA Regulations Governing Overseas Employment (amended in 2002) in Part
V, Rule I, Sec. 2 prescribes the following minimum provisions of employment
contracts:
a. Guaranteed wages for regular working hours and overtime pay, as appropriate,
which shall not be lower than the prescribed minimum wage in the host
country, nor lower than the appropriate minimum wage standard set forth in a
bilateral agreement or international convention duly ratified by the host country
and the Philippines or not lower than the minimum wage in the Philippines,
whichever is highest;
b. Free transportation to and from the worksite, or offsetting benefit;
c. Free food and accommodation, or offsetting benefit;
d. Just/authorized causes for termination of the contract or of the services of the
workers taking into consideration the customs, traditions, norms, mores,
practices, company policies and the labor laws and social legislations of the
host country;
e. The Administration may also consider the following as basis for other provisions
of the contract:
1. Existing labor and social laws of the host country;
2. Relevant agreements, conventions, delegations or resolutions;
3. Relevant bilateral and multilateral agreements or arrangements with the
host country; and
4. Prevailing condition/realities in the market.
ART. 20. NATIONAL SEAMEN BOARD
(a) A National Seamen Board is hereby created which shall develop and maintain a
comprehensive program for Filipino seamen employed overseas. It shall have the
power and duty:
1. To provide free placement services for seamen;
2. To regulate and supervise the activities of agents or representatives of shipping
companies in the hiring of seamen for overseas employment; and secure the
best possible terms of employment for contract seamen workers and secure
compliance therewith;
3. To maintain a complete registry of all Filipino seamen.

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(b) The Board shall have original and exclusive jurisdiction over all matters or cases
including money claims, involving employer-employee relations, arising out of or by
virtue of any law or contracts involving Filipino seamen for overseas employment. The
decision of the Board shall be appealable to the National Labor Relations Commission
upon the same grounds provided in Article 223 hereof. The decisions of the National
Labor Relations Commission shall be final and unappealable.
NSB NOW POEA
Executive Order No. 797 (issued on May 1, 1982) abolished the National
Seamen Board and transferred its functions to the POEA which the Order created. The
NSB’s “original and exclusive jurisdiction” mentioned in paragraph (b) of this Article
has since been exercised by the POEA (See E.O. No. 797, Sec. 4[a] and the POEA Rules
Governing Overseas Employment). But, as already pointed out in comments under
Article 17, this adjudicatory jurisdiction of the POEA has been moved to the NLRC by
R.A. No. 8042 since 1995.
ARTICLE 20 CONSTRUED; SEAMEN’S EMPLOYMENT CONTRACTS AND THE
INTERNATIONAL TRANSPORT FEDERATION (ITF)
Article 20, no. 2, requires the National Seamen Board (now POEA) to “secure
the best possible terms of employment for contract seamen workers and secure
compliance therewith.” The implications of this article are illustrated in the following
cases which also rule on the question of immutability (changeability) of seamen’s
standard contract.
In the landmark case of Wallem Shipping, Inc. vs. Ministry of Labor, 102 SCRA
835 [1981], some seamen who were hired for ten months were dismissed before the
expiration of the period. The employer defended the dismissal by alleging that the
seamen had conspired with the International Transport Federation (ITF) in coercing
the ship authorities to pay the seamen the worldwide rate, instead of the lower Far
East rate as provided in their contracts of employment. It further charged that the
seamen threatened the ship authorities that unless they would agree to the increased
wages, the ship would not be able to leave port; it would be picketed or boycotted and
declared a “hot” ship by the ITF. The employer therefore claimed that the dismissal of
the seamen was justified because the latter, in threatening the ship authorities in
acceding to their demands, were guilty of serious misconduct.
The Supreme Court ruled against the employer, noting that the records failed to
establish clearly the commission of any threat. The Court added: “But even if there
had been such a threat, respondents’ (the seamen’s) behavior should not be censured
because it is but natural for them to employ some means of pressing their demands on
the petitioner, who refused to abide with the terms of the Special Agreement, to honor
and respect the same. They were only acting in the exercise of their rights, and to
deprive them of their freedom of expression is contrary to law and public policy. There
is no serious misconduct to speak of in the case at bar which would justify
respondents’ dismissal just because of their firmness in their demand for the
fulfillment by petitioner of the obligation it entered into without any coercion,
especially on the part of private respondents.”
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“On the other hand, it is the petitioner [employer] who is guilty of breach of
contract when it dismissed the respondents without just cause and prior to the
expiration of the employment contracts. As the records clearly show, petitioner
voluntarily entered into the Special Agreement with ITF and by virtue thereof the crew
men were actually given their salary differentials in view of the new rates. It cannot be
said that it was because of respondents’ fault that petitioner made a sudden
turnabout and refuse to honor the Special Agreement.” (See also: Philgrecian vs.
NLRC, 139 SCRA 285 [1985].)
The Wallem ruling, penned by Justice De Castro, was reiterated by Justice
Gutierrez, Jr. in the next case of Vir-Jen Shipping.
Vir-Jen Shipping and Marine Services vs. NLRC, 115 SCRA 347 (1982), 125 SCRA
577 (1983) —
Facts: Certain seamen entered into a contract of employment for a 12-month
period. Some three months after the commencement of their employment, the seamen
demanded a 50% increase of their salaries and benefits. The seamen demanded this
increase while their vessel was en route to a port in Australia controlled by the
International Transport Workers’ Federation (ITF) where the ITF could detain the
vessel unless it paid its seamen the ITF rates.
The agent of the owner of the vessel agreed to pay a 25% increase, but when the
vessel arrived in Japan shortly afterwards, the seamen were repatriated to Manila and
their contracts were terminated.
The NSB upheld the cancellation of the contracts of employment of the seamen,
but on appeal the NLRC ruled that the termination was illegal.
Subsequently, the Second Division of the Supreme Court reversed the NLRC
decision, that is, the seamen’s dismissal was held legal. The Division denied the two
motions for reconsideration but another motion for reconsideration was filed with the
Supreme Court en banc which gave it due course because there was a need to
reconcile the decision of the Second Division with that of the First Division in Wallem
Shipping, Inc. vs. Minister of Labor [see above], which had ruled that the termination
of the seamen was illegal.
Ruling: Taking a position similar to that of the First Division, the Supreme
Court en banc found the termination of the seamen’s contract illegal. Through Mr.
Justice Gutierrez, the Court, in patriotic language declared:
The contention that manning industries in the Philippines would not survive if
the instant case is not decided in favor of the petitioner is not supported by evidence.
The Wallem case was decided on February 20, 1981. There have been no severe
repercussions, no drying up of employment opportunities for seamen, and none of the
dire consequences repeatedly emphasized by the petitioner. Why should Vir-Jen be an
exception?

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Filipino seamen are admittedly as competent and reliable as seamen from any
other country in the world; otherwise, there would not be so many of them in the
vessels sailing in every ocean and sea on this globe. It is competence and reliability,
not cheap labor, that makes our seamen so greatly in demand. Filipino seamen have
never demanded the same high salaries as seamen from the United States, the United
Kingdom, Japan and other developed nations. But certainly they are entitled to
government protection when they ask for fair and decent treatment by their employers
and when they exercise the right to petition for improved terms of employment,
especially when they feel that these are substandard or are capable of improvement
according to internationally accepted rules.
Prescinding from the above, we now hold that neither the National Seamen
Board nor the National Labor Relations Commission should as a matter of official
policy, legitimize and enforce dubious arrangements where shipowners and seamen
enter into fictitious contracts similar to the addendum agreements or side contracts in
this case whose purpose is to deceive. The Republic of the Philippines and its
ministries and agencies should present a more honorable and proper posture in
official acts to the whole world, notwithstanding our desire to have as many job
openings both here and abroad for our workingmen, no less than our dignity as a
people and the welfare of our workingmen must proceed from the Batasang Pambansa
in the form of policy legislation, not from administrative rule making or adjudication.
Another issue raised by the movants is whether or not the seamen violated their
contracts of employment.
The form contracts approved by the National Seamen Board [now POEA] are
designed to protect Filipinos, not foreign shipowners who can take care of themselves.
The standard forms embody the basic minimums which must be incorporated as parts
of the employment contract.1 They are not collective bargaining agreements or
immutable contracts which the parties cannot improve upon or modify in the course of
the agreed peril of time. To state, therefore, that the affected seamen cannot petition
their employer for higher salaries during the 12-month duration of the contract runs
counter to established principles of labor legislation. The National Labor Relations
Commission, as the appellate tribunal from the decision of the National Seamen
Board, correctly ruled that the seamen did not violate their contracts to warrant their
dismissal.
THE OWWA
The Welfare Fund for Overseas Workers Administration was created by P.D. No.
1694 (May 1, 1980) as amended by P.D. No. 1809 (January 16, 1981). Known as the
Welfund, it was intended to provide social and welfare services, including insurance
coverage, legal assistance, placement assistance and remittance services to Filipino
overseas workers. The Welfund was funded with contributions from the workers
themselves and the fees and charges imposed by the POEA and the BLE. The Welfund
was (and still is) administered by a Board of Trustees chaired by the Secretary of
Labor and Employment. In 1987, Executive Order No. 126 renamed the Welfund the
Overseas Workers Welfare Administration or OWWA.
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MARTIME LABOUR CONVENTION

The Maritime Labour Convention (MLC) 2006, was the result of a long process
of review and research by the International Labour Organization (ILO) over a period
exceeding five years. The ILO was founded in 1919 soon after the end of the First
World War, in order to promote the interests of workers worldwide. It is a United
Nations agency which brings together representatives of governments, employers and
workers in order to draft international conventions and supervise labour standards
worldwide. In the maritime field, the ILO has produced a number of international
conventions concerned with the working conditions of seamen. The new convention is
intended to consolidate and supersede a large number of these conventions in the
attempt to simplify and harmonise this complex area of maritime law; in the words of
its preamble, it seeks “to create a single, coherent instrument embodying as far as
possible all up- to-date standards of existing international maritime labour
conventions and recommendations, as well as the fundamental principles to be found
in other international conventions”.
At the outset, it must be pointed out that the MLC has only very recently come
into force on 20 August 2013. As at 16 March 2014, 56 countries have ratified the
convention.
The EU is actively encouraging all of its 27 Member States to ratify the
convention and has adopted a Directive which, by incorporating a social agreement
reproducing almost verbatim titles I to IV of the MLC, forces all EU Member States to
adopt national legislation reproducing in part the MLC.
The Directive came into force on the date of entry into force of the MLC and
national legislation should be in place 12 months thereafter. This dual implementation
appears highly undesirable, particularly from the perspective of EU Member States
which have ratified or will ratify the MLC itself as it creates a system whereby the
same subject matter is regulated by two different legal instruments: the MLC and the
national legislation transposing Directive 2009/13. This could be partly avoided if
ratification of the MLC by an EU Member State was accepted as Implementation of
Directive 2009/13, but from informal discussions with the European Commission
during the research leading to this chapter this does not appear to be the case.
The UK has started the implementation process early on with the European
Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009. The
process has resulted in a number of Statutory Instruments so far and it is still
ongoing.
The list of the Statutory Instruments which have entered into force so far
includes: the Merchant Shipping (Maritime Labour Convention) (Medical Certifications)
Regulations 2010, the Merchant Shipping (Maritime Labour Convention) (Survey and
Certification) Regulations 2013, the Merchant Shipping (Maritime Labour Convention)
(Hours of Work) (Amendment) Regulations 2014 which came into force on 17 March
2014.
Fundamental Rights and Principles
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The following pages are meant as a simple overview of the structure and content
of the MLC and the most relevant differences between the Convention itself and its
European counterpart. From the outset it must be stressed again that the MLC is an
instrument of consolidation rather than innovation and hence a good number of the
provisions of the convention are already in force either through other ILO conventions
or – in Europe – through an increasing number of EU instruments.
The structure of the convention is rather complex as it provides for three
different kinds of provisions: Articles, Regulations and the so- called Code. The
Articles and Regulations set out the core rights and principles and the basic
obligations of States ratifying the convention, while the Code contains the details for
the implementation of the Regulations. It comprises Part A (mandatory Standards) and
Part B (non- mandatory Guidelines). The Regulations and the Code are organised into
general areas under five Titles as follows:
1. Minimum requirements for seafarers to work on a ship;
2. Conditions of employment;
3. Accommodation, recreational facilities, food and catering;
4. Health protection, medical care, welfare and social security protection; and
5. Compliance and enforcement.
Each of the five Titles contains provisions relating to a particular right or
principle, duly enforced in Title 5. Every Title comprises a number of Regulations,
followed by the standards which together form the Code.
Minimum requirements for seafarers to work on a ship
This Title sets out the minimum requirements that crewmembers have to meet
to be allowed to work on a ship. Under the convention no person below the minimum
age of 16 shall be employed or engaged to work on a ship, and in certain
circumstances, a higher minimum age may apply. No seafarer under 18 years of age
shall work at night. Every seafarer must be certified as medically fit to perform his
duties and properly trained or certified as competent or otherwise qualified to perform
its duties. Furthermore, seafarers shall not be permitted to work on a ship unless they
have successfully completed training for personal safety on board a ship. Training and
certification in accordance with the mandatory instruments adopted by the IMO are
considered as meeting the above requirements. The efficiency, adequacy and
accountability of the process of recruitment and placement of seafarers are also
ensured by the Code.
● Minimum Age: Seafarers must be at least 16 years old to work on a ship, with
certain exceptions for employment on ships other than ocean-going ships.
● Medical Fitness: Seafarers must be medically fit for the duties they are to
perform at sea. Ship owners are required to ensure that seafarers undergo a
pre-employment medical examination to assess their fitness for duty.
● Training and Qualifications: Seafarers must possess the necessary training,
qualifications, and competency certificates as required by the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers (STCW).
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● Recruitment and Placement: Ship owners are required to ensure that

seafarers are recruited and placed in accordance with applicable national and
international regulations and standards.
● Seafarers' Employment Agreements (SEA): Each seafarer must have a written
employment agreement (contract) that clearly outlines the terms and conditions
of their employment, including wages, working hours, leave entitlements,
repatriation, and other essential matters.
● Wages and Benefits: Seafarers are entitled to receive wages that comply with
national laws and regulations or applicable collective bargaining agreements.
Wages must be paid regularly, directly, and without any unjustified deductions.
● Working and Living Conditions: The MLC establishes standards for seafarers'
working and living conditions on board ships, covering accommodation, food
and catering, health and safety, medical care, and welfare facilities.
● Social Security: Ship owners are required to provide seafarers with access to
social security protection, including medical care, sickness benefits, and
maternity benefits.
● Onboard Complaint Procedures: The MLC mandates the establishment of
procedures on ships for seafarers to lodge complaints regarding their working
and living conditions without fear of retaliation.
● Repatriation: Ship owners must ensure that seafarers are repatriated at no
cost to themselves upon the expiration of their employment agreement or in
cases of termination of employment.
Conditions of employment
Title two of the MLC is dedicated to the conditions under which seafarers have
to work and covers a number of important issues. Under the convention, the terms
and conditions of a seafarer’s employment shall be set out in a clear written legally
enforceable agreement. The seafarer should be given an opportunity to review and
seek advice on the terms and conditions of the agreement and freely accept them
before signing. All seafarers shall be paid regularly and in full as agreed in their
contract, have firm rules on the maximum hours of work or minimum hours of rest
and paid annual leave and shore leave under appropriate conditions. An important
provision in this Title is that for repatriation according to which seafarers have a right
to be repatriated at no cost to themselves, and that each State party shall require
ships to provide financial security to ensure that seafarers are duly repatriated.
Seafarers are also entitled to adequate compensation in the case of injury, loss or
unemployment arising from the ship’s loss or foundering. The shipowner is to pay
each seafarer on board an indemnity against unemployment resulting from such loss
or foundering.
● Wages and Hours of Work: The MLC requires that seafarers receive wages that
are in accordance with their employment agreement and are paid in a timely
manner. Wages should be comparable to those of other workers in the maritime
industry for similar work. Additionally, seafarers are entitled to reasonable
hours of work and rest in accordance with international standards.

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● Leave Entitlements: Seafarers are entitled to paid annual leave, which should
be provided in accordance with their employment agreement and applicable
national laws or collective bargaining agreements. The duration of annual leave
is typically determined by the length of the seafarer's contract.
● Repatriation: Ship owners are responsible for repatriating seafarers at no cost
to the seafarers upon the expiration of their employment agreement or in cases
of termination of employment. This includes covering the costs of transportation
and any necessary travel documents.
● Medical Care: Seafarers are entitled to access medical care and medical
facilities while on board the ship. Ship owners are required to provide medical
treatment for seafarers in cases of illness or injury occurring during the course
of their employment.
● Social Security: The MLC requires that seafarers have access to social security
protection, including coverage for sickness, injury, and maternity. This may
include access to national social security schemes or other forms of social
protection provided by the ship owner.
● Career Development and Training: Ship owners are encouraged to provide
opportunities for career development and training for seafarers to enhance their
skills and qualifications. This may include support for obtaining additional
certifications or participating in professional development programs.
● Non-Discrimination and Fair Treatment: Seafarers are entitled to fair
treatment and equal opportunities in employment, regardless of race,
nationality, religion, gender, or other protected characteristics. Discrimination
and harassment are prohibited under the MLC.
Hours of Work and Hours of Rest
The Maritime Labour Convention (MLC) establishes specific standards regarding
hours of work and hours of rest for seafarers to ensure their health, safety, and
well-being while working aboard ships. The regulations regarding hours of work and
rest are outlined in Regulation 2.3 of the MLC, which sets forth the following key
principles:
Maximum Hours of Work: The MLC mandates that the maximum hours of work for
seafarers should not exceed:
14 hours in any 24-hour period, and
72 hours in any 7-day period.
Minimum Hours of Rest: Seafarers are entitled to receive a minimum of:
10 hours of rest in any 24-hour period, and
77 hours of rest in any 7-day period.
The MLC allows for flexibility in the application of hours of work and rest during
emergencies or exceptional circumstances, such as when there are urgent operational
or safety reasons. However, any deviation from the standard hours of work and rest

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must be justified, documented, and compensated for with equivalent compensatory

rest.
Shipowners are required to maintain accurate records of seafarers' hours of
work and rest to demonstrate compliance with the MLC. These records should be
readily available for inspection by port state control authorities and other relevant
parties.
The MLC emphasizes the importance of providing seafarers with sufficient rest
periods to prevent fatigue, promote mental alertness, and safeguard their health and
safety while performing their duties at sea.
Special provisions apply to watchkeeping personnel, who are responsible for
maintaining navigational and operational safety during specific periods. The MLC
requires that watchkeeping arrangements be designed to ensure that seafarers are
adequately rested and able to perform their duties effectively.
Shipowners and masters are encouraged to provide training and awareness
programs for seafarers on the importance of proper rest and the risks associated with
fatigue. Seafarers should be educated about strategies to manage fatigue and maintain
their well-being while working at sea.
Scenarios
1. Regular Duty on a Cargo Ship:
a. Scenario: A seafarer is assigned to work as a deck officer on a cargo ship.
Their regular duty involves overseeing cargo operations, navigation, and
maintaining watchkeeping duties.
b. Application: The seafarer's working hours must not exceed 14 hours in
any 24-hour period. They are entitled to a minimum of 10 hours of rest
in any 24-hour period to ensure they remain alert and capable of
performing their duties safely.
2. Emergency Response on a Passenger Vessel:
a. Scenario: A fire breaks out in the engine room of a passenger vessel while
at sea. Seafarers from various departments are called upon to assist in
firefighting and evacuation efforts.
b. Application: During emergencies, the standard hours of work and rest
may be temporarily suspended to address urgent operational and safety
concerns. However, any deviation from the regulations must be
documented, and seafarers should be provided with compensatory rest
as soon as practicable.
3. Transit through a High-Traffic Area:
a. Scenario: A container ship is transiting through a high-traffic area
known for its congested shipping lanes and potential navigational
hazards.
b. Application: The watchkeeping personnel on the bridge must adhere to
watch schedules that ensure adequate rest periods between shifts. The
MLC requires that watchkeepers receive sufficient rest to maintain
vigilance and respond effectively to changing navigational conditions.
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4. Extended Port Stay for Cargo Operations:

a. Scenario: A bulk carrier is delayed in port due to prolonged cargo loading
and unloading operations.
b. Application: Seafarers involved in cargo operations may experience
extended working hours during port stays. Shipowners must ensure that
seafarers receive adequate rest periods between shifts and comply with
the maximum working hours and minimum rest requirements outlined
in the MLC.
5. Long Ocean Voyage with Reduced Crew:
a. Scenario: A yacht embarks on a long ocean voyage with a small crew due
to limited onboard accommodation and resources.
b. Application: The master of the yacht must carefully manage the crew's
duty schedules to prevent fatigue and maintain safety standards
throughout the voyage. Despite the reduced crew complement, seafarers
are still entitled to the minimum rest periods prescribed by the MLC.
1. Emergency Response During Prolonged Crisis:
a. Scenario: A cargo ship encounters a severe storm, causing significant
damage to the vessel. The crew works continuously for over 24 hours to
stabilize the ship and mitigate the damage.
b. Violation: The prolonged emergency response may result in seafarers
exceeding the maximum 14-hour work limit in a 24-hour period,
violating the MLC's regulations. In such cases, the crew's fatigue levels
may increase, compromising their ability to respond effectively to the
crisis.
2. Short-Staffed Crew on a Busy Route:
a. Scenario: A container ship operates on a busy shipping route, but due to
unforeseen circumstances, several crew members are unable to join the
vessel. The remaining crew members are required to work longer hours
to compensate for the shortage.
b. Violation: The short-staffed crew may struggle to adhere to the MLC's
minimum rest requirements, leading to fatigue and decreased
performance. The increased workload for the remaining crew members
could result in violations of the maximum working hours and minimum
rest periods outlined in the convention.
3. Cargo Operations Delay in Port:
a. Scenario: A bulk carrier experiences an unexpected delay in port due to
mechanical issues with cargo-handling equipment. The crew is required
to work extended hours to expedite cargo loading and unloading
operations.
b. Violation: The extended working hours during port stays may lead to
violations of the MLC's maximum working hours and minimum rest
requirements. Seafarers involved in cargo operations may experience
fatigue and reduced alertness, increasing the risk of accidents and
injuries.
4. Long-Haul Voyage with Inadequate Watchkeeping Personnel:

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a. Scenario: A cruise ship embarks on a long-haul voyage with a reduced

crew complement to cut costs. As a result, the watchkeeping personnel
on the bridge are required to work longer shifts without adequate rest
periods.
b. Violation: The inadequate staffing levels and prolonged watchkeeping
shifts may result in violations of the MLC's regulations on hours of work
and rest. Fatigued watchkeepers may experience decreased vigilance and
impaired decision-making abilities, posing serious safety risks to the
vessel and its passengers.
5. Inadequate Crew Rotation on Offshore Installation:
a. Scenario: An offshore oil rig operates with a rotational crew schedule, but
due to logistical challenges, crew rotations are delayed, resulting in some
personnel working extended periods without sufficient rest.
b. Violation: The delayed crew rotations and extended work periods may
lead to violations of the MLC's regulations on hours of work and rest.
Seafarers working on the offshore installation may experience fatigue and
reduced productivity, compromising safety standards and operational
efficiency.
Accommodation, recreational facilities, food and catering
This Title deals with the living conditions of seafarers and contains a number of
very specific requirements that will – when implemented – force ship designers,
builders and fitters to make significant changes in new building projects. To comply
with the MLC ships shall provide and maintain decent accommodation and
recreational facilities on board in full compliance with the Code. Ships shall carry on
board and serve food and drinking water of appropriate quality, nutritional value and
quantity that adequately cover the requirements of the ship and take into account the
differing cultural and religious backgrounds against minimum standards to be set by
national legislation.
● Accommodation: The MLC mandates that seafarers have access to decent
accommodation and recreational facilities that promote their well-being while
on board. Accommodation must be clean, safe, and adequately ventilated.
Seafarers should have access to separate sleeping quarters that provide privacy
and are equipped with amenities such as beds, lockers, and lighting.
● Recreational Facilities: Ships must provide recreational facilities that enable
seafarers to relax and unwind during their off-duty hours. These facilities may
include lounges, TV rooms, libraries, and outdoor spaces for exercise and
recreation. The MLC emphasizes the importance of providing opportunities for
leisure and social interaction to support seafarers' mental and emotional
well-being.
● Food and Catering: The MLC sets standards for the quality and quantity of
food provided to seafarers on board. Ships must have well-equipped galleys and
catering facilities capable of preparing nutritious meals that meet the dietary
needs and cultural preferences of the crew. Seafarers should have access to
regular, varied meals that are served in clean and hygienic conditions. Special

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dietary requirements and religious observances should be accommodated

whenever possible.
● Hygiene and Sanitation: Ships must maintain high standards of hygiene and
sanitation in accommodation and catering facilities. This includes regular
cleaning and disinfection of living quarters, bathrooms, and food preparation
areas to prevent the spread of illness and disease. Adequate supplies of clean
water, soap, and toiletries should be provided to seafarers at all times.
● Health and Safety: Food handling and catering operations on board must
comply with relevant health and safety regulations to ensure the safety of
seafarers and prevent foodborne illnesses. Seafarers involved in food
preparation and handling should receive appropriate training in food safety and
hygiene practices.
Health protection, medical care, welfare and social security protection
This Title of the MLC focuses on social welfare and requires that seafarers are
covered by adequate measures for the protection of their health and that they have
access to prompt and adequate medical care. State parties to the convention must
provide seafarers with a right to material assistance and support from the shipowner
with respect to the financial consequences of sickness, injury or death occurring
during their employment. Moreover, shipowners are responsible for health protection
and medical care of all seafarers under their employment in accordance with certain
minimum standards. They shall be liable to pay wages in full or in part where the
sickness or injury results in incapacity to work, and shall take measures for
safeguarding property left on board by sick, injured or deceased seafarers. The
convention also requires its State parties to ensure that seafarers are provided with
occupational health protection and live, work and train on board in a safe and
hygienic environment. National guidelines should be developed and regularly reviewed.
Last, the Convention requests State parties to ensure that the social security
protection in place ashore is extended to seafarers, in conformity with the principles
set out in the Code.
● Health Protection and Medical Care: The MLC requires shipowners to ensure
that seafarers have access to prompt and adequate medical care while they are
working on board. This includes access to medical facilities, equipment, and
personnel capable of providing medical treatment for illness or injury. Seafarers
must also receive medical care ashore if necessary, including access to
hospitals or other medical facilities.
● Welfare Facilities: The MLC mandates that ships provide welfare facilities and
services to support the physical and mental well-being of seafarers. These
facilities may include access to telecommunication services, mail services,
recreational facilities, and opportunities for cultural activities. Shipowners must
also provide access to appropriate welfare services and counseling to address
seafarers' emotional and psychological needs.
● Social Security Protection: Seafarers are entitled to social security protection
under the MLC, which includes coverage for sickness, injury, maternity, and
unemployment benefits. Shipowners must ensure that seafarers have access to

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national social security schemes or equivalent forms of social protection, either

through their home country or through the flag state of the ship.
● Medical Examinations and Health Records: Seafarers are required to undergo
pre-employment medical examinations to assess their fitness for duty.
Shipowners must maintain accurate records of seafarers' medical examinations
and medical history to ensure that they receive appropriate medical care and
support while on board.
● Health and Safety Training: Seafarers must receive training in health and
safety procedures to prevent accidents, injuries, and occupational illnesses
while working on board. This training covers topics such as personal protective
equipment, emergency response procedures, and measures to promote a
healthy work environment.
● Emergency Medical Care: Ships must have procedures in place to provide
emergency medical care to seafarers in the event of accidents, injuries, or
medical emergencies. This includes access to first aid supplies, medical
equipment, and trained personnel capable of responding to medical
emergencies effectively.
Compliance and enforcement
Compliance and enforcement are ensured by both the flag State and port State
control, through their own maritime authorities or by taking advantage of the expertise
of recognised organisations.175 Each State party shall establish an effective system
for the inspection and certification of maritime labour conditions, ensuring that the
working and living conditions for seafarers on ships that fly its flag meet, and continue
to meet, the standards set. The certificates issued will be of two types: (i) the Maritime
Labour Certificate (MLCert), issued by the flag State, which needs to be kept on board
as evidence that the working and living conditions of the seafarers on board have been
inspected and found to meet the standards required at national law level; and (ii) the
Declaration of Maritime Labour Compliance (DMLC) also issued by the flag State, to be
kept on board, stating such national requirements and setting out the measures
adopted by the shipowner to ensure compliance with the requirements on the ship.
Inspection and enforcement are left to the port State in compliance with its national
law or – within the EU – with Directive 2009/16/EC.178 The Merchant Shipping
(Maritime Labour Convention) (Survey and Certification) Regulations 2013179 contain
detailed rules on the issue and validity of both the certificate and the declaration and
provide a clear framework for the inspection of non- UK ships by UK authorities.
● Inspections and Certifications: Member states are responsible for conducting
inspections of ships that fly their flag to ensure compliance with the MLC
requirements. These inspections cover various aspects of working and living
conditions on board, including accommodation, food, medical care, and
seafarers' rights. Ships that meet the requirements of the MLC are issued
Maritime Labour Certificates and Declarations of Maritime Labour Compliance
(DMLC) by their flag states.
● Port State Control: Port states have the authority to conduct inspections of
foreign ships that visit their ports to verify compliance with the MLC. Port state

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control inspections focus on ensuring that ships adhere to the standards set
forth in the convention and have valid Maritime Labour Certificates and
DMLCs. Non-compliant ships may be subject to detention or other enforcement
measures until deficiencies are rectified.
● Complaints and Grievance Procedures: The MLC establishes procedures for
seafarers to report complaints and grievances regarding violations of their rights
or working conditions on board ships. Seafarers have the right to report
concerns to the flag state of the ship, the port state where the ship is visiting, or
relevant authorities in their home country. Member states are required to
investigate complaints promptly and take appropriate enforcement action if
violations are identified.
● National Laws and Regulations: Member states are required to adopt national
laws and regulations that align with the provisions of the MLC and ensure
effective enforcement of its requirements. This includes establishing penalties
and sanctions for non-compliance and providing mechanisms for resolving
disputes related to seafarers' rights and working conditions.
● International Cooperation: The MLC encourages international cooperation
and collaboration among member states, labor organizations, shipowners, and
other stakeholders to promote compliance with its provisions. This includes
sharing information and best practices, providing technical assistance and
capacity-building support, and facilitating dialogue and engagement on issues
related to maritime labor standards.
● Reporting and Monitoring: Member states are required to submit periodic
reports to the International Labour Organization (ILO) on their implementation
of the MLC and compliance with its requirements. The ILO monitors the
implementation of the convention globally and provides guidance and support
to member states to address challenges and enhance compliance.

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TOPIC 6
CODE OF SAFE WORKING PRACTICES FOR MERCHANT SEAMAN
LO6.6.1 Explain the Code of Safe Working Practices for Merchant Seaman.
The Code of Safe Working Practices for Merchant Seaman is a comprehensive
document that outlines safety procedures and guidelines for seafarers working on
merchant vessels. It covers various aspects of safety including personal safety, health,
and environmental protection.
Personal Protective Equipment (PPE)
This section emphasizes the importance of using appropriate PPE to mitigate
the risks associated with various tasks performed onboard. For instance, when
handling heavy machinery or cargo, seafarers might be required to wear safety helmets
to protect against head injuries, gloves to prevent hand injuries, safety shoes to avoid
foot injuries, and life jackets when working near water. The code typically specifies the
types of PPE required for different tasks and the proper procedures for selecting,
using, and maintaining PPE.
Fire Safety
Fire safety is a critical aspect of onboard safety, given the confined and
potentially hazardous nature of a ship's environment. The code provides detailed
guidelines for preventing fires through proper housekeeping, maintenance of electrical
equipment, and safe storage of flammable materials. It also outlines procedures for
responding to fires, including the use of firefighting equipment such as fire
extinguishers, hoses, and firefighting suits, as well as the organization of emergency
drills and evacuation procedures to ensure the prompt and orderly evacuation of crew
members in the event of a fire.
Health and Hygiene
Maintaining good health and hygiene is essential for the well-being of seafarers
and the prevention of illnesses and diseases onboard. The code includes provisions for
maintaining cleanliness and sanitation standards in living and working areas, as well
as guidelines for personal hygiene practices such as handwashing and the proper
disposal of waste. It also addresses medical care and emergency response procedures,
including the availability of medical supplies and equipment, the designation of
qualified medical personnel onboard, and protocols for responding to medical
emergencies and providing first aid.
Working at Heights and Confined Spaces
Working at heights and in confined spaces presents unique risks and
challenges that require specialized training and equipment. The code provides
guidance on conducting risk assessments and implementing control measures to
minimize the hazards associated with such work, including the use of fall protection
systems, confined space entry procedures, and the provision of adequate ventilation
and lighting in confined spaces. It also emphasizes the importance of proper training
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and supervision for personnel engaged in tasks involving working at heights or in

confined spaces to ensure their safety and well-being.
Handling Cargo and Equipment
Cargo handling operations pose significant risks to both personnel and property
onboard, particularly during loading and unloading activities. The code outlines
procedures for safely handling and stowing cargo, including the use of appropriate
lifting gear and equipment, securing cargo to prevent shifting or falling during transit,
and maintaining stability and trim to ensure the safe operation of the vessel. It also
addresses the safe operation of machinery and equipment used in cargo handling
operations, including cranes, winches, and forklifts, and emphasizes the importance of
proper training and supervision for personnel involved in cargo handling activities.
Environmental Protection
Measures to prevent pollution of the marine environment, including waste
management practices and procedures for handling hazardous materials, are included
to ensure compliance with environmental regulations.
Security
Procedures for enhancing onboard security and preventing unauthorized access
to the vessel are outlined to protect the crew and cargo from security threats.

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TOPIC 8
ANNEXES OF INTERNATIONAL CONVENTION ON LOAD LINES, 1966, AS
AMENDED
International Convention on Load Lines, Introduction
It has long been recognized that limitations on the draught to which a ship may
be loaded make a significant contribution to her safety. These limits are given in the
form of freeboards, which constitute, besides external weathertight and watertight
integrity, the main objective of the Convention.
The first International Convention on Load Lines, adopted in 1930, was based
on the principle of reserve buoyancy, although it was recognized then that the
freeboard should also ensure adequate stability and avoid excessive stress on the
ship's hull as a result of overloading.
In the 1966 Load Lines convention, adopted by IMO, provisions are made for
determining the freeboard of ships by subdivision and damage stability calculations.
The regulations take into account the potential hazards present in different
zones and different seasons. The technical annex contains several additional safety
measures concerning doors, freeing ports, hatchways, and other items. The main
purpose of these measures is to ensure the watertight integrity of ships' hulls below
the freeboard deck.
All assigned load lines must be marked amidships on each side of the ship,
together with the deck line. Ships intended for the carriage of timber deck cargo are
assigned a smaller freeboard as the deck cargo provides protection against the impact
of waves.
The Convention includes three annexes.
Annex I is divided into four Chapters: Chapter I - General; Chapter II -
Conditions of assignment of freeboard; Chapter III - Freeboards; Chapter IV - Special
requirements for ships assigned timber freeboards. Annex II covers Zones, areas, and
seasonal periods. Annex III contains certificates, including the International Load Line
Certificate.
Various amendments were adopted in 1971, 1975, 1979, and 1983, but they
required positive acceptance by two-thirds of Parties and never came into force.
The 1988 Protocol, adopted in November 1988, entered into force on 3 February
2000. As well as harmonizing the Convention's survey and certification requirements
with those contained in the SOLAS and MARPOL conventions, the 1988 Protocol
revised certain regulations in the technical Annexes to the Load Lines Convention and
introduced the tacit amendment procedure, so that amendments adopted will enter
into force six months after the deemed date of acceptance unless they are rejected by
one-third of Parties. Usually, the date from adoption to deemed acceptance is two
years.

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Annex I: Regulations for Determining Load Lines

Chapter I: General

These regulations presume that the cargo's nature and stowage, as well as ballast,
ensure sufficient stability of the ship and prevent excessive structural stress. It's also
assumed that international stability or subdivision requirements are met.

Regulation 1: Strength of Hull

The Administration must ensure that the hull's overall structural strength is adequate
for the assigned freeboard's corresponding draft. Ships constructed and maintained in
accordance with a recognized classification society's requirements may be deemed to
have sufficient strength.

Regulation 2: Application

Ships with mechanical propulsion, as well as lighters, barges, or other non-propelled

vessels, follow freeboard assignments as per Regulations 1-40 of this Annex.
Ships carrying timber deck cargoes may have additional timber freeboards alongside
Regulation 1 requirements.
Sail-equipped ships and tugs adhere to Regulations 1–40. Additional freeboard is
determined by the Administration.
Ships of wood, composite, or approved alternative materials follow freeboards set by
the Administration.
Regulations 10-26 apply to all ships with assigned minimum freeboards. Relaxations
may be granted to those with greater-than-minimum freeboards if safety conditions
satisfy the Administration.
Regulation 3: Definition of Terms Used in the Annexes

Length: Defined as 96% of the total length on a waterline at 85% of the least molded
depth or from the fore side of the stem to the rudder stock axis if greater.
Perpendiculars: Forward and aft perpendiculars are at the ends of the length (L), with
the forward coinciding with the stem's fore side.

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Amidships: Midpoint of the length (L).

Breadth: Maximum breadth of the ship, usually measured amidships.
Moulded Depth: Vertical distance from the keel's top to the freeboard deck beam's top
at the side.
Depth for Freeboard (D): Moulded depth amidships plus additional components if
applicable.
Block Coefficient (Cb): Calculated coefficient related to the ship's volume and shape.
Freeboard: Vertical distance from the upper deck line to the load line amidships.
Freeboard Deck: Uppermost weather-exposed complete deck with permanent
watertight closures.
Superstructure: Decked structure on the freeboard deck, including enclosed
variations.
Flush Deck Ship: Ship without superstructure on the freeboard deck.
Weathertight: Ensuring no water penetration into the ship under any sea conditions.
Regulation 4: Deck Line
The deck line is a horizontal line, 300 millimeters (12 inches) in length and 25
millimeters (1 inch) in breadth. It must be marked amidships on each side of the ship.
Normally, its upper edge intersects the outer surface of the shell where the
continuation outwards of the upper surface of the freeboard deck meets (as shown in
Figure 1). However, the deck line's placement may be adjusted with respect to another
fixed point on the ship, provided that the freeboard is accordingly corrected. The
reference point's location and the identification of the freeboard deck must be
indicated on the International Load Line Certificate (1966) in all cases.

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Regulation 5: Load Line Mark

The Load Line Mark consists of a ring with an outside diameter of 300 millimeters (12
inches) and a width of 25 millimeters (1 inch). This ring is intersected by a horizontal
line measuring 450 millimeters (18 inches) in length and 25 millimeters (1 inch) in
breadth, with its upper edge passing through the center of the ring. The center of the
ring is positioned amidships, at a distance vertically below the upper edge of the deck
line equal to the assigned summer freeboard (as depicted in Figure 2).

Regulation 6: Lines to be used with the Load Line Mark

The load lines assigned in accordance with these regulations shall be indicated by
horizontal lines, 230 millimeters (9 inches) in length and 25 millimeters (1 inch) in
breadth. These lines extend forward of, unless otherwise specified, and perpendicular
to, a vertical line 25 millimeters (1 inch) in breadth, marked at a distance of 540
millimeters (21 inches) forward of the ring's center (as shown in Figure 2).

The following load lines shall be used:

a) Summer Load Line (S)
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b) Winter Load Line (W)

c) Winter North Atlantic Load Line (WNA)
d) Tropical Load Line (T)
e) Fresh Water Load Line in summer (F), marked abaft the vertical line.
f) Tropical Fresh Water Load Line (TF), marked abaft the vertical line.

If timber freeboards are assigned, timber load lines shall be marked additionally to
ordinary load lines. These lines are horizontal, 230 millimeters (9 inches) in length and
25 millimeters (1 inch) in breadth, extending abaft, unless otherwise specified, and
perpendicular to, a vertical line 25 millimeters (1 inch) in breadth, marked at a
distance of 540 millimeters (21 inches) abaft the center of the ring (as depicted in
Figure 3).

The following timber load lines shall be used:

a) Summer Timber Load Line (LS)
b) Winter Timber Load Line (LW)
c) Winter North Atlantic Timber Load Line (LWNA)
d) Tropical Timber Load Line (LT)
e) Fresh Water Timber Load Line in summer (LF), marked forward of the vertical line.
f) Tropical Fresh Water Timber Load Line (LTF), marked forward of the vertical line.

If the ship's characteristics or service nature make any seasonal lines inapplicable,
they may be omitted.

If a ship is assigned a greater than minimum freeboard, only the Fresh Water Load
Line needs to be marked if it corresponds to or is lower than the lowest seasonal load
line assigned at minimum freeboard.

On sailing ships, only the Fresh Water Load Line and the Winter North Atlantic Load
Line need be marked (as shown in Figure 4).

If a Winter North Atlantic Load Line is identical to the Winter Load Line corresponding
to the same vertical line, it shall be marked W.

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Additional load lines required by other international conventions may be marked

perpendicular to and abaft the specified vertical line.

Regulation 7: Mark of Assigning Authority

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The mark of the authority assigning the load lines may be placed alongside the load
line ring, either above the horizontal line passing through the center of the ring or
above and below it.
The mark consists of up to four initials identifying the authority's name, each
approximately 115 millimeters (4 1/2 inches) in height and 75 millimeters (3 inches)
in width.
Regulation 8: 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 must be permanently marked on the sides of the ships to the satisfaction of the
Administration.
The marks must be plainly visible, and special arrangements may be made if
necessary to ensure visibility.
Regulation 9: Verification of Marks

The International Load Line Certificate (1966) will not be issued until an officer or
surveyor, acting under the provisions of Article 13 of the Convention, certifies that the
marks are correctly and permanently indicated on the ship's sides.
Chapter II: Conditions of Assignment of Freeboard

Regulation 10: Information to be Supplied to the Master

The master of every new ship shall be provided with sufficient information, in an
approved form, to enable proper loading and ballasting of the ship to avoid creating
unacceptable stresses in the ship's structure.
This requirement may be exempted for certain ships if deemed unnecessary by the
Administration.
Regulation 11: Superstructure End Bulkheads

Bulkheads at exposed ends of enclosed superstructures must be of efficient

construction to the satisfaction of the Administration.
Regulation 12: Doors

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Access openings in bulkheads at ends of enclosed superstructures must be fitted with

doors of steel or equivalent material, permanently attached and framed to maintain
the strength and weathertightness of the bulkhead.
The height of sill openings must be at least 380 millimeters (15 inches) above the deck,
unless otherwise specified.

Regulation 13 - Position of Hatchways, Doorways, and Ventilators

To clarify the Regulations, two positions of hatchways, doorways, and ventilators are
defined as follows:

Position 1 - Located upon exposed freeboard and raised quarter decks, as well as on
exposed superstructure decks situated forward of a point located a quarter of the
ship’s length from the forward perpendicular.

Position 2 - Situated upon exposed superstructure decks abaft a quarter of the ship’s
length from the forward perpendicular.

Regulation 14 - Cargo and other Hatchways

Cargo and other hatchways located in positions 1 and 2 must meet at least the
requirements outlined in Regulations 15 and 16 of this Annex for construction and
ensuring weathertightness.

Coamings and hatchway covers for exposed hatchways on decks above the
superstructure deck must comply with the requirements set by the Administration.

Regulation 15 - Hatchways closed by Portable Covers and secured Weathertight by

Tarpaulins and Battening Devices

Hatchway Coamings

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Coamings of hatchways closed by portable covers secured weathertight by tarpaulins

and battening devices must be of substantial construction. Their height above the
deck should be as follows:
600 millimeters (23 1/2 inches) if in position 1.
450 millimeters (17 1/2 inches) if in position 2.
Hatchway Covers

The width of each bearing surface for hatchway covers must be at least 65 millimeters
(2 1/2 inches).

Wooden covers must have a finished thickness of at least 60 millimeters (2 3/8 inches)
for spans not exceeding 1.5 meters (4.9 feet).

Mild steel covers must be designed to withstand calculated loads, ensuring the stress
does not exceed the material's strength. They must limit deflection to not more than
0.0028 times the span under designated loads.

Assumed loads on hatchways may vary based on ship length, with values at
intermediate lengths determined by interpolation.

Regulation 16 - Hatchways closed by Weathertight Covers

Hatchway Coamings

Coamings for hatchways fitted with weathertight covers of steel or equivalent material,
along positions 1 and 2, must adhere to the specifications outlined in Regulation
15(1). Coamings can be reduced or omitted, subject to approval by the Administration,
ensuring the ship's safety isn't compromised under any sea conditions. When
provided, coamings should be of sturdy construction.
Weathertight Cover

Weathertight covers made of mild steel must withstand calculated loads not less than
1.75 metric tons per square meter (358 pounds per square foot) for position 1, and not
less than 1.30 metric tons per square meter (266 pounds per square foot) for position
2. The design should limit deflection and ensure structural integrity. Mild steel plating
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on covers should be of adequate thickness. The specifications in Regulation 15(5)

apply to ships up to 100 meters (328 feet) in length.

Covers made of materials other than mild steel must match the strength and stiffness
criteria of mild steel, subject to the Administration's satisfaction.

Means for Securing Weathertightness

Methods for securing and maintaining weathertightness should meet the

Administration's approval. Adequate arrangements should be in place to ensure
tightness in all sea conditions, with tightness tests required during initial, periodic,
and annual inspections or as needed.
Regulation 17 - Machinery Space Openings

Machinery space openings in positions 1 or 2 must be framed properly and enclosed

with strong steel casings. If not protected by other structures, their strength should be
specially considered. Access openings should have doors complying with Regulation
12(1), with sill heights set accordingly for positions 1 and 2.

Coamings of fiddleys, funnels, or machinery space ventilators in exposed positions on

the freeboard or superstructure deck should be of sufficient height and strength.
Fiddley openings should be covered with robust steel or equivalent material covers,
permanently attached and capable of being secured weathertight.
Regulation 18 - Miscellaneous Openings in Freeboard and Superstructure Decks

Manholes and flush scuttles in positions 1 or 2 or within superstructures, excluding

enclosed ones, should be covered by sturdy, watertight covers. If not secured by
closely spaced bolts, these covers must be permanently attached.

Openings on freeboard decks, apart from hatchways, machinery space openings,

manholes, and flush scuttles, must be safeguarded by an enclosed superstructure,
deckhouse, or companionway of equivalent strength and weathertightness. Any such
opening on an exposed superstructure deck or in the top of a deckhouse on the
freeboard deck, providing access to spaces below or within an enclosed
superstructure, should be safeguarded by a reliable deckhouse or companionway.
Doorways in such structures must be equipped with doors complying with the
requirements of Regulation 12(1).
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In position 1, doorways in companionways must have sills positioned at least 600

millimeters (23 1/2 inches) above the deck. In position 2, this height should be at
least 380 millimeters (15 inches).

Regulation 19 - Ventilators

Ventilators in positions 1 or 2, serving spaces below freeboard decks or within

enclosed superstructures, must have coamings made of steel or other equivalent
material, robustly constructed and securely connected to the deck. Coamings
exceeding 900 millimeters (35 1/2 inches) in height must receive special support.

Ventilators passing through superstructures other than enclosed ones should have
substantially constructed steel or equivalent material coamings at the freeboard deck.

Ventilators in position 1, with coamings extending more than 4.5 meters (14.8 feet)
above the deck, and in position 2, with coamings extending more than 2.3 meters (7.5
feet) above the deck, are not mandated to have closing arrangements unless
specifically required by the Administration.

Except as outlined in paragraph (3), ventilator openings must be equipped with

effective weathertight closing appliances. For ships under 100 meters (328 feet) in
length, these closing appliances must be permanently attached. In other ships, they
should be conveniently stowed near the ventilators. Ventilators in position 1 must
have coamings at least 900 millimeters (35 1/2 inches) above the deck, while those in
position 2 should be at least 760 millimeters (30 inches) high above the deck.

Coaming heights in exposed positions may be required to be increased to the

satisfaction of the Administration.

Regulation 20 - Air Pipes

Air pipes extending above the freeboard or superstructure decks must have exposed
parts made of substantial construction. The height from the deck to the point where
water may access below must be at least 760 millimeters (30 inches) on the freeboard
deck and 450 millimeters (17 1/2 inches) on the superstructure deck. However, if

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these heights interfere with the ship's operation, a lower height may be approved by
the Administration, provided that closing arrangements and other circumstances
justify it. Permanently attached satisfactory means must be provided for closing the
openings of the air pipes.

Regulation 21 - Cargo Ports and other similar Openings

Cargo ports and similar openings on the sides of ships below the freeboard deck must
be equipped with doors designed to ensure watertightness and structural integrity
consistent with the surrounding shell plating. The number of such openings should be
minimized while still allowing for the ship's design and operation.

The lower edge of these openings must not, unless permitted by the Administration, be
below a line drawn parallel to the freeboard deck at the side, with its lowest point at
the upper edge of the uppermost load line.

Regulation 22 - Scuppers, Inlets, and Discharges

Discharges passing through the shell from spaces below the freeboard deck or from
within superstructures and deckhouses on the freeboard deck, equipped with doors
complying with Regulation 12, must have efficient and accessible means to prevent
water from passing inward. Typically, each discharge should have one automatic
non-return valve with a positive means of closing it from a position above the
freeboard deck. However, if the vertical distance from the summer load waterline to the
inboard end of the discharge pipe exceeds certain thresholds, variations in the number
and type of valves may be accepted, subject to Administration approval. Means for
operating the positive action valve must be readily accessible and include an indicator
showing whether the valve is open or closed.

In manned machinery spaces, main and auxiliary sea inlets and discharges related to
machinery operation may be locally controlled. Controls should be easily accessible
and equipped with indicators showing whether they are open or closed.

Scuppers and discharge pipes penetrating the shell below the freeboard deck or above
the summer load waterline must be equipped with a non-return valve at the shell,
unless the piping is of substantial thickness.

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Scuppers from superstructures or deckhouses without doors complying with

Regulation 12 must discharge overboard.

All valves and shell fittings required by this regulation must be made of steel, bronze,
or other approved ductile material. Valves made of ordinary cast iron or similar
material are not acceptable. All pipes referred to in this regulation must be made of
steel or other equivalent material to the satisfaction of the Administration.
Regulation 23 - Side Scuttles

Side scuttles leading to spaces below the freeboard deck or within enclosed
superstructures must have efficient hinged inside deadlights that can be effectively
closed and secured watertight.

No side scuttle should be positioned such that its sill is below a line parallel to the
freeboard deck at the side, with its lowest point either 2.5% of the breadth (B) above
the load waterline or 500 millimeters (19 1/2 inches), whichever distance is greater.

The side scuttles, along with their glasses if installed, and deadlights, must be of
substantial and approved construction.

Regulation 24 - Freeing Ports

Bulwarks forming wells on the weather portions of freeboard or superstructure decks

should allow for rapid water drainage. The minimum freeing port area (A) on each side
of the ship for each well on the freeboard deck is determined by specific formulae
based on the length of bulwark (l) in the well. The area required for each well on
superstructure decks is half of that specified by the formulae.

If the ship has no sheer, the calculated area should be increased by 50%. If the sheer
is less than standard, the percentage increase should be obtained by interpolation.

Specific rules for calculating the minimum area of freeing port openings apply to ships
with trunks or continuous hatchway side coamings that do not comply with certain
regulations.

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Ships with open-ended superstructures must provide adequate means for freeing the
space within such superstructures to the satisfaction of the Administration.

The lower edges of the freeing ports should be positioned as close to the deck as
practical. Two-thirds of the required freeing port area should be provided in the half of
the well nearest the lowest point of the sheer curve.

All openings in the bulwarks must be protected by rails or bars spaced approximately
230 millimeters (9 inches) apart. Shutters, if fitted, should have ample clearance to
prevent jamming, and hinges should have pins or bearings made of non-corrodible
material. If shutters are equipped with securing appliances, these must be of approved
construction.
Regulation 25 - Protection of the Crew

Deckhouses used for accommodating the crew must possess adequate strength as
determined by the Administration.

Efficient guard rails or bulwarks must be installed on all exposed parts of the
freeboard and superstructure decks. The height of these bulwarks or guard rails
should be at least 1 meter (39 1/2 inches) from the deck. However, a lesser height may
be approved if it doesn't interfere with the normal operation of the ship, provided
adequate protection is ensured.

The openings below the lowest course of guard rails should not exceed 230 millimeters
(9 inches), and the other courses should not be more than 380 millimeters (15 inches)
apart. For ships with rounded gunwales, the guard rail supports should be placed on
the flat of the deck.

Suitable means such as guard rails, life lines, gangways, or underdeck passages must
be provided to protect the crew while moving between their quarters, the machinery
space, and other parts necessary for the ship's operation.

Deck cargo should be stowed in a manner that allows proper closure and securing of
openings accessing the crew's quarters, machinery space, and other working areas. If
there's no convenient passage on or below the deck, effective protection in the form of
guard rails or life lines must be provided above the deck cargo.

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Regulation 26 - Special Conditions of Assignment for Type "A" Ships

Machinery Casings:

Machinery casings on Type "A" ships should be protected either by an enclosed poop
or bridge of at least standard height, or by a deckhouse of equal height and strength.
However, exposed machinery casings are permissible if there are no openings from the
freeboard deck directly into the machinery space. If a door is permitted in the
machinery casing, it should lead to a space or passageway as strongly constructed as
the casing and separated from the stairway to the engine room by a second
weathertight door.
Gangway and Access:

Type "A" ships must have an efficiently constructed fore and aft permanent gangway
or equivalent means of access between the poop and the midship bridge or deckhouse.
Elsewhere on Type "A" ships without a midship bridge, satisfactory arrangements
should be made to safeguard the crew in reaching all necessary work areas.

Safe access should be available from the gangway level between separate crew
accommodations and between crew accommodations and the machinery space.

Hatchways:

Exposed hatchways on Type "A" ships must be provided with efficient watertight
covers of steel or other equivalent material.
Freeing Arrangements:

Type "A" ships with bulwarks must have open rails fitted for at least half the length of
the exposed parts of the weather deck or other effective freeing arrangements. The
upper edge of the sheer strake should be kept as low as possible.

Where superstructures are connected by trunks, open rails must be fitted for the
entire length of the exposed parts of the freeboard deck.

Chapter III
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FREEBOARDS
Regulation 27 - Types of Ships

Ships are classified into Type "A" and Type "B" for the purpose of determining
freeboard.
Type "A" Ships

Type "A" ships are designed exclusively for carrying liquid cargoes in bulk, with cargo
tanks having small access openings closed by watertight gasketed covers of steel or
equivalent material. These ships inherently possess high deck integrity and safety
against flooding due to the low permeability of cargo spaces and the typical degree of
subdivision provided.

Type "A" ships over 150 meters (492 feet) in length, designed to have empty
compartments when loaded to the summer load waterline, must withstand the
flooding of any one of these empty compartments at an assumed permeability of 0.95
and remain afloat in satisfactory equilibrium as determined by the Administration. For
Type "A" ships over 225 meters (738 feet) in length, the machinery space is considered
a floodable compartment but with a permeability of 0.85.

Type "A" ships must be assigned a freeboard not less than that specified in Table A of
Regulation 28.

Type "B" Ships

All ships not meeting the criteria for Type "A" ships fall under Type "B" ships.

Type "B" ships with hatchways in position 1 fitted with hatch covers meeting
Regulation 15(7) or 16 requirements are assigned freeboards based on Table B of
Regulation 28, unless specified otherwise in paragraphs (7) to (10) of this Regulation.

Type "B" ships over 100 meters (328 feet) in length may be assigned reduced
freeboards under certain conditions, provided the Administration is satisfied with:

Adequate crew protection measures

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Adequate freeing arrangements

Compliance of covers in positions 1 and 2 with Regulation 16
Satisfactory floatation after flooding of any single damaged compartment
For ships over 225 meters (738 feet) in length, satisfactory floatation after flooding of
the machinery space
The limits provided in paragraph (3)(a), (b), and (c) serve as guidance for the
Administration.
Freeboard reduction for Type "B" ships complying with paragraph (7) shall not exceed
60% of the difference between the "B" and "A" tabular values for the appropriate ship
lengths.

Further reduction in tabular freeboard may be allowed if the ship complies with
Regulation 26(1), (2), (3), (5), and (6) as if it were a Type "A" ship, and meets additional
requirements specified in paragraph (7).

Type "B" ships with hatchways fitted with hatch covers meeting Regulation 15
requirements other than paragraph (7) are assigned freeboards based on Table B of
Regulation 28, increased by specified values.

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Lighters, barges, or other ships without independent means of propulsion are subject
to freeboard assignment as per these regulations. However, unmanned barges with
small access openings on the freeboard deck closed by weathertight gasketed covers of
steel or equivalent material are exempt from Regulations 25, 26(2) and (3), and 39.
Such unmanned barges may be assigned freeboards 25% less than those calculated
according to these regulations.
Regulation 28 - Freeboard Tables

Type "A" Ships

The tabular freeboard for Type "A" ships is determined from the following table:

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Type ‘B’ ships

2) The tabular freeboard for Type ‘B’ ships shall be determined from the following
table:

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Regulation 29 - Correction to the Freeboard for Ships under 100 metres (328 feet) in
length

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For Type "B" ships between 24 meters (79 feet) and 100 meters (328 feet) in length
with enclosed superstructures having an effective length of up to 35% of the ship's
length, the tabular freeboard shall be increased by:

Regulation 30 - Correction for Block Coefficient

Regulation 31 - Correction for Depth

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Regulation 32 - Correction for Position of Deck Line

Regulation 33
Standard Height of Superstructure
The standard height of a superstructure shall be as given in the following table:

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Regulation 34 - Length of Superstructure:

The length of a superstructure (S), unless otherwise stated in paragraph (2) of this
Regulation, shall be the mean length of the parts of the superstructure within the
length (L).

If the end bulkhead of an enclosed superstructure extends in a fair convex curve

beyond its intersection with the superstructure sides, the length of the superstructure
may be increased based on an equivalent plane bulkhead. This increase shall be
two-thirds of the fore and aft extent of the curvature. The maximum curvature
considered for this increase is one-half the breadth of the superstructure at the point
of intersection of the curved end of the superstructure with its side.

Regulation 35 - Effective Length of Superstructure:

The effective length (E) of an enclosed superstructure of standard height shall be its
length, except as provided for in paragraph (2) of this Regulation.

When an enclosed superstructure of standard height is set in from the sides of the
ship as permitted in Regulation 3(10), the effective length shall be the length modified
by the ratio of b/Bs, where:

b is the breadth of superstructure at the middle of its length, and

Bs is the breadth of the ship at the middle of the length of the superstructure.
This modification applies only to the set-in part of the superstructure.
If the height of an enclosed superstructure is less than the standard height, the
effective length shall be its length reduced in the ratio of the actual height to the
standard height.

The effective length of a raised quarter deck, if fitted with an intact front bulkhead,
shall be its length up to a maximum of 0.6 L. Without an intact bulkhead, the raised
quarter deck shall be treated as a poop of less than standard height.

Superstructures which are not enclosed shall have no effective length.

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Regulation 36 - Trunks:

A trunk or similar structure not extending to the sides of the ship is regarded as
efficient under the following conditions:

The trunk is at least as strong as a superstructure.

Hatchways are on the trunk deck, with compliant hatchway coamings and covers.
The trunk deck stringer width provides satisfactory gangway and lateral stiffness,
allowing small access openings with watertight covers.
A permanent working platform fore and aft with guard rails is provided.
Ventilators are protected.
Open rails are fitted on the weather parts of the freeboard deck.
Machinery casings are protected.
The trunk breadth is at least 60% of the ship's breadth, and the trunk length is at
least 0.6 L when no superstructure exists.
The effective length of an efficient trunk, reduced in the ratio of its mean breadth to B,
shall be its full length.

The standard height of a trunk is the standard height of a superstructure other than a
raised quarter deck.

If the height of a trunk is less than the standard height, its effective length shall be
reduced in the ratio of the actual to the standard height. If the height of hatchway
coamings on the trunk deck is less than required under Regulation 15(1), a reduction
corresponding to the difference between the actual and required height of coaming
shall be made from the actual height of the trunk.

Regulation 37 - Deduction for Superstructures and Trunks:

When the effective length of superstructures and trunks is 1.0 L:

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The deduction from the freeboard shall be 350 millimetres at 24 metres length of ship,
860 millimetres at 85 metres length, and 1070 millimetres at 122 metres length and
above. Intermediate deductions shall be obtained by linear interpolation.
If the total effective length of superstructures and trunks is less than 1.0 L, the
deduction shall be a percentage obtained from one of the following tables.

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Regulation 38: Sheer

General

Where the effective length (L) of a bridge is less than 0.2 times L, the percentages shall
be obtained by linear interpolation between lines I and II.

Where the effective length of a forecastle exceeds 0.4 times L, the percentages shall be
obtained from line II.

If the effective length of a forecastle is less than 0.07 times L, the percentages
mentioned above shall be reduced by a factor determined by the formula:

(Factor) = (f / L)

Where 'f' is the effective length of the forecastle.

Sheer measurement:

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The sheer is measured from the deck at the side to a reference line drawn parallel to
the keel through the sheer line amidships.
In ships with a rake of keel, the sheer is measured in relation to a reference line
parallel to the design load waterline.
In flush deck ships and those with detached superstructures, the sheer is measured
at the freeboard deck.
In ships with topsides of unusual form featuring a step or break, the sheer is
considered in relation to the equivalent depth amidships.
In ships with a standard-height superstructure extending over the entire length of the
freeboard deck, the sheer is measured at the superstructure deck. If the
superstructure height exceeds the standard, the difference (Z) between the actual and
standard heights shall be added to each end ordinate. Intermediate ordinates at
distances of 1/6 L and 1/3 L from each perpendicular shall be increased by 0.444 Z
and 0.111 Z respectively.
If the deck of an enclosed superstructure has at least the same sheer as the exposed
freeboard deck, the sheer of the enclosed portion of the freeboard deck is not
considered.
In cases where an enclosed poop or forecastle has a standard or greater sheer than the
freeboard deck, or if it exceeds standard height, an addition to the sheer of the
freeboard deck shall be made as outlined in paragraph (12) of this Regulation.

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Measurement of Variation from Standard Sheer Profile

When the sheer profile differs from the standard:

Multiply the four ordinates of each profile in the forward or after half by the
appropriate factors given in the table of ordinates.
Calculate the difference between the sums of the respective products and those of the
standard, then divide by 8 to measure the deficiency or excess of sheer in the forward
or after half.
The arithmetical mean of the excess or deficiency in the forward and after halves
measures the overall excess or deficiency of sheer.
If the after half of the sheer profile exceeds the standard while the forward half is less
than the standard, only measure the deficiency.

If the forward half of the sheer profile exceeds the standard:

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If the after portion of the sheer profile is not less than 75% of the standard, credit
shall be allowed for the excess.
If the after part is less than 50% of the standard, no credit shall be given for the
excess sheer forward.
For after sheer between 50% and 75% of the standard, intermediate allowances may
be granted for excess sheer forward.
Sheer credit formula for a poop or forecastle:

Addition for Deficiency in Sheer

If the sheer is less than the standard, add the correction for deficiency in sheer (as
calculated in paragraph 13) to the freeboard.
Deduction for Excess Sheer
If an enclosed superstructure covers 0.1 L before and 0.1 L abaft amidships:
Deduct the correction for excess of sheer (calculated in paragraph 13) from the
freeboard.
If no enclosed superstructure covers amidships, no deduction shall be made from the
freeboard.
For an enclosed superstructure covering less than 0.1 L before and 0.1 L abaft
amidships, obtain deduction by linear interpolation.
The maximum deduction for excess sheer shall be at the rate of 125 millimeters per
100 meters of length (1 1/2 inches per 100 feet of length).
Regulation 39: Minimum Bow Height

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The minimum bow height, defined as the vertical distance at the forward
perpendicular between the waterline corresponding to the assigned summer freeboard
and the designed trim, and the top of the exposed deck at side, shall be as follows:

If the required bow height is achieved by sheer:

The sheer shall extend for at least 15% of the ship's length measured from the forward
perpendicular.
If achieved by fitting a superstructure:
For ships not over 100 meters (328 feet) in length, the superstructure shall be
enclosed as defined in Regulation 3(10).
For ships over 100 meters (328 feet) in length, it need not comply with Regulation
3(10) but shall be fitted with closing appliances to the satisfaction of the
Administration.
Ships unable to meet these requirements due to exceptional operational reasons may
receive special consideration by the Administration.
Regulation 40: Minimum Freeboards

Summer Freeboard

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The minimum freeboard in summer shall be derived from the tables in Regulation 28,
modified by the corrections in Regulations 27, 29, 30, 31, 32, 37, 38, and if applicable,
39.

The freeboard in saltwater, calculated as per paragraph (1) without the correction for
deck line, shall not be less than 50 millimeters (2 inches). For ships with hatchways
not compliant with regulations, the freeboard shall not be less than 150 millimeters (6
inches).

Tropical Freeboard

The minimum freeboard in the Tropical Zone shall be obtained by deducting one
forty-eighth of the summer draught from the summer freeboard.

The freeboard in saltwater, calculated as per paragraph (3) without the correction for
deck line, shall not be less than 50 millimeters (2 inches). For ships with
non-compliant hatchways, the freeboard shall not be less than 150 millimeters (6
inches).

Winter Freeboard

The minimum freeboard in winter shall be obtained by adding one forty-eighth of the
summer draught to the summer freeboard.
Winter North Atlantic Freeboard

For ships up to 100 meters (328 feet) in length entering the North Atlantic during
winter, the minimum freeboard shall be the winter freeboard plus 50 millimeters (2
inches). For other ships, the Winter North Atlantic Freeboard shall be the winter
freeboard.
Freshwater Freeboard

The minimum freeboard in freshwater of unit density shall be obtained by deducting

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centimeters (inches) from the minimum freeboard in saltwater.

If the displacement at the summer load waterline is uncertified, the deduction shall be
one forty-eighth of the summer draught.

Chapter IV: Special Requirements for Ships Assigned Timber Freeboards

Regulation 41: Application of this Chapter

Regulations 42 to 45 inclusive apply exclusively to ships assigned timber load lines.

Regulation 42: Definitions

Timber Deck Cargo: "Timber deck cargo" refers to timber carried on an uncovered part
of a freeboard or superstructure deck. This term excludes wood pulp or similar cargo.

Timber Load Line: A ship carrying timber deck cargo may be granted a reduction in
freeboard, considering the additional buoyancy and protection offered by such cargo
against the sea. To obtain this special freeboard, complying with Regulation 45, and
marked on the ship's side as per Regulation 6(3) and (4) is necessary. However, for this
special freeboard to be granted and utilized, both the timber deck cargo and the ship
itself must meet specific conditions outlined in Regulations 43 and 44 respectively.
Regulation 46: Northern Winter Seasonal Zones and Area

North Atlantic Winter Seasonal Zones I and II:

a) The North Atlantic Winter Seasonal Zone I:

Boundaries: From the coast of Greenland to latitude 45°N, then to longitude 15°W,
then to latitude 60°N, and northwards along the Greenwich Meridian.
Seasonal Periods:
Winter: 16 October to 15 April

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Summer: 16 April to 15 October

b) The North Atlantic Winter Seasonal Zone II:

Boundaries: From the coast of the United States to latitude 40°N, then rhumb line to
latitude 36°N, longitude 73°W, then to longitude 25°W, and rhumb line to Cape
Torinana.
Exclusions: North Atlantic Winter Seasonal Zone I and the Baltic Sea bounded by the
latitude of The Skaw in the Skagerrak.
Seasonal Periods:
Winter: 1 November to 31 March
Summer: 1 April to 31 October
North Atlantic Winter Seasonal Area:

Boundaries: From the coast of the United States to latitude 40°N, then rhumb line to
the southernmost intersection of longitude 61°W with the coast of Canada, and then
along the east coasts of Canada and the United States.
Seasonal Periods:
For ships over 100 meters (328 feet) in length:
Winter: 16 December to 15 February
Summer: 16 February to 15 December
For ships of 100 meters (328 feet) and under in length:
Winter: 1 November to 31 March
Summer: 1 April to 31 October
North Pacific Winter Seasonal Zone:

Boundaries: From the east coast of the USSR to Dall Island, Alaska.
Seasonal Periods:
Winter: 16 October to 15 April
Summer: 16 April to 15 October

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Loadline and Draftmarks

Loadlines are one of the earliest safety features introduced in shipping, At the
time of introduction, ships were suffering heavy losses because of overloading. Lord
Plimsoll, a member of the parliament, fought for introduction of Loadlines and hence
the term “plimsoll disc”. The safety of the ship is of paramount importance and all
your energy must be devoted in that direction. An overloaded ship is an unsafe ship,
as it does not have adequate reserve buoyancy and strength to face the elements.
How, when and why loadline marks came into being
The origin of loadline marks dates back to 1876 when a member of the British
parliament by the name of Samuel Plimsol took an active part in promoting the
Merchant Shipping Act of 1876 (MSA). This act was the first legislation, which
required all ships to carry loadline marks on each side of the vessel.
The Concept was to bring about shipboard safety for seafarers against the then
greedy ship-owners that were interested only in maximising their profits by Constantly
Overloading their ships, thereby jeopardising safety and life at sea.
The Load Line regulations of 1966 under the current Convention are in force
now and deal with all details regarding the strength of the ship, sub-division,
watertight closing devices and where needed weather tight closing appliances, load line
marks and the assignment of freeboards.
The ship’s load line certificate is displayed on the ship and the master records
the sailing draft and the freeboard in the official logbook. Heavy penalties and
detention may be the result if a ship does not comply with the freeboard requirements
and LL regulations.
Criteria for load line assignment
Load lines are assigned to ensure that the ship has sufficient freeboard to ride
the seas in the prevailing weather conditions.
In such assignments, following conditions are taken into account:
1. Adequate freeboard to provide reserve buoyancy even when the ship is rolling
and pitching.
2. Strength of the hull (ships are designed to submerge to a designed draft)
3. The ability to shed seawater, off the decks. Ships are provided with either decks
with only railing or bulwarks with freeing ports on the bulwarks. Ships also
have decks with sheer, which rise in the fore and aft direction so that the water
drains off. Ships also have a camber, which allows the water to drain off to the
scuppers.
4. Means of closing the number of openings on the main deck.
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5. The sub-division of the hull to ensure damage stability even when one or more
compartments get flooded.
Location of deckline, the Plimsol disc and assigned freeboard.
The deckline is located amidships in line with the uppermost continuous
plating (weather deck) where it meets the sheer strake (the upper most plate (strake) of
the ship’s side).
In case you are on a ship with a ’rounded sheer strake, you will observe that the
deck line is located lower down where the curvature of the sheer strake ends.
Various load line marks, dimensions and their location
On the side of the ship on both sides amidships, are marked a set of lines as
shown in the figure. These are called LOAD LINES.
Right at the top is the deck line. It is 300 mm long and 25 mm wide with its
upper edge in line with the uppermost continuous watertight deck.
Vertically below the deck line is a circle whose outside diameter is 300 mm. It is
called the loadline disc, or Plimsoll.
A horizontal line 450-mm long and 25 mm wide cuts through the loadline disc.
it is called the Plimsol line. Its upper edge passes through the centre of the disc. The
letters L and R are initials of the assigning authority – in this case Lloyds Register.
These letters may sometimes be IR AB, BV or the initials of any other assigning
authority. IR stands for Indian Register of Shipping. The height of these letters is 115
mm and their width is 75 mm. The gap between the Plimsol line and these letters are
38 mm in height.
A set of lines each 230 mm long and 25 mm wide marked TF, F, T, S, N, WNA
are marked 540 mm forward of the centre of the loadline disc. They are on the right of
the disc on the starboard side and on the left side of the disc on the port side (i.e.
forward of the Plimsoll mark).
Load line zones
The oceans are divided into various zones these consist of
1. Summer – S
2. Tropical – T
3. Winter – W
4. Winter north Atlantic – WNA
5. Fresh water – F
6. Tropical fresh – TF

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Load line marks

In the figure above, you would notice two sets of load lines. The one on the right
the normal load line and one on the right hand include marks for a ship carrying
lumber or timber on its deck. (Hence the prefix “L”)
Load lines and zones
Zones are marked as areas along with the dates of its applicability on a special
chart called the LOADLINE ZONE chart. You will find this chart prominently displayed
on the bridge and in the cargo office. A certain area could be summer zone during
certain months and tropical or winter during the remaining months (see Zone chart on
board your ship). These are called seasonal zones.
It is mandatory for a ship to ensure that at all time on its voyage that the
appropriate load line is not submerged neither in port nor during any stage of the
voyage nor when passing from one zone to the other.
When a ship is in tropical zone and in seawater of density 1025, she must not
load to more than the upper edge of the line marked T.
When a ship is in summer zone and in the seawater of density 1025, she must
not load to more than the upper edge of the line marked S. Incidentally, this line is at
the same level as the line passing through the center of the load line disc.
When a ship is in winter zone and in seawater of density 1025, she must not
load to more than the upper edge of the line marked W.
In the Winter North Atlantic the seas are so rough that smaller ships may not
remain safe if allowed to load even up to SW”. The upper edge of WNA line, which is 50

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mm below the `W” line, is the maximum they can load in waters of 1025 density. Ships
of more than 100 meters length do not have this limitation.
When the density of the water is 1000 i.e. in fresh water and In summer zone a
ship may load up to the upper edge of the line marked “F”
When the density is 1,000 i.e. in fresh water and in tropical zone, a ship may
load up to the upper edge of the line marked “TF”.
Distances between the seasonal load lines
The distances between the center of the disc and the deck line is prescribed by
the assigning authority and depends on several factors including the ships
dimensions, structure, water tightness arrangements, type of cargo to be carried etc.
The draft at the S line is the summer load draft.
The distance between W and S, between T and S and between and TF is the
same and is equal to 1/48th of Summer load draft.
The distance between S and F is equal to the distance between T and TF and is
the Fresh water Allowances (FWA) for that ship.
Assigning authority of the loading marks
The Flag State of a vessel is the authority. In many cases, they hand over the
inspection and assignment to the classification societies, who assign the marks and
issue the certificate to the ship on behalf of the Flag State.
Reading load line marks
The ring, lines and letters shall be painted in white or yellow on a dark
background, or in black on a light background.
1. They should be permanently marked on both sides.
2. The marks should be plainly visible.
3. All readings are taken from the top of the relevant load tine mark.
4. Knowledge and use of draft marks (Also spelt as draught marks)
Draft marks on a ship are located at 6 locations.
1. On both sides at the bow
2. On both sides amidships
3. On both sides at the stern
4. Draft marks could be either in meters or in feet or in both i.e. meters & feet.
Draft marks
Draft marks are numerals painted on the stem, amidships and stern of a ship.
They indicate the depth of the ship’s keel below the water line.
The meter mark numerals are 10cms high. in between the meter marks but
slightly to the right of them are marked Arabic numerals as 2, 4, 6 and 8, this
indicates 20cms, 40cms and 60cms and 80cms. The’ of these Arabic numerals is 10
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cm and spacing between them is 10 cm. The bottom of the numeral indicates the
draft.
If the water level touches the bottom of ’10’ the draft would be 10 meters if the
water level just touches the bottom of 2 then the draft level would be 10 meters and 20
cms, if the water level just touches the top of ‘2’ then the draft would be 10 meters and
30cms. if the water is at any level other than the top or the bottom mark, the draft has
to be estimated. The thickness of all marks is 1 cm.
The feet are marked either in Arabic numerals or in roman. In both cases, the
height of the marks is 6 inches. if the water level just touches the bottom of 12, the
draft would be 12 ft. If the water level just touches the top of 12 ft, the draft would be
12 feet 6 inches. If the water level were halfway between the top of 12 and bottom of
13, the draft would be 12 ft 9 inches: The thickness of the mark is one inch.

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CO4: Apply UNCLOS to the West Philippine Sea (South China Sea) dispute and
determine the strength of the Philippine position for its claims.
TOPIC 12
ARTICLES OF UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
(UNCLOS)
LO12.12.1 Evaluate the Articles of the United Nations Convention on the Law of the
Sea (UNCLOS)
UNCLOS
UNCLOS is an acronym for the United Nations Convention of the Law of the
Sea, sometimes called the Law of the Sea Convention or the Law of the Sea Treaty.
As an international law of the sea, UNCLOS came into operation and became
effective on 16 November 1982. It defines maritime zones. The convention has many
provisions regulating and controlling nations’ functioning and claims on the world’s
oceans and seas.
Its legal framework and regulations are essential for maritime activities.
However, such a proposal was first announced before the United Nations in
1973. Over nine years, with representations from over 160 countries, UNCLOS came
into existence.
Background
Before the nautical law of UNCLOS came into force, there existed a school of
thought known as freedom of the seas. This doctrine first came into operation in the
17th century.
Under this law, no limits or boundaries were set for marine business and
commercial activities.
Over the years and centuries, a problem emerged as technology developed and
the needs of people worldwide grew.
Over-exploitation of the sea’s resources was immensely felt towards the middle
of the 20th century, and many nations started feeling the need to protect their marine
resources.
Starting with the United States in 1945, many countries brought the natural
resources found on their oceans’ continental shelves under their jurisdiction.
The UNCLOS defines the territorial sea as the 12-nautical mile area from the
low-waterline along the coast. The coastal states’ sovereignty spans the territorial sea,
seafloor, and subsoil.
Article 56 of UNCLOS defines parameters for establishing a nation’s exclusive
economic zone (EEZ), which extends 200 nautical miles from its coastline. The article

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offers sovereign rights for exploration, conservation, resource exploitation and

resource management of living and non-living natural resources.
Article 76 is crucial as it defines a country’s continental shelf as the seabed and
subsoil of its submarine regions that extend beyond its territorial sea throughout the
natural spread of the land topography to the outer limits of the continental shelf or
200 nautical miles. However, these parameters have given rise to disputes in
semi-enclosed regions.
UNCLOS also outlines the duties and responsibilities of Flag States. Some
countries that exercised this power were Argentina, Canada, Indonesia, Chile, Peru,
Norway, Ecuador, and even Saudi Arabia, Egypt, Ethiopia, and Venezuela.
Since the use of marine reserves rose even more in the 1960s and missile
launch pads also started being based in the oceanic bed, it became imperative that a
specific regulation be placed to ensure proper protection and jurisdiction of marine
reserves.
In 1967, the Third United Nations Conference on the Law of the Sea was
convened. At this conference, the UN ambassador from Malta, Mr Arvid Pardo,
requested a legal power that could bring about international governance over the
oceanic floor and bed.
Such a legal power would also ensure that there would not be any problems
between various countries over the oceanic floor and bed space.
In a significant way, UNCLOS III paved the way for the now-existing maritime
law.
The features and highlights of the same can be explained as follows:
● UNCLOS, as the currently prevailing law of the sea, is ultimately binding.
● Even though the name of the nautical law suggests a United Nations
involvement, the UN does not have any major functional role in the workings of
UNCLOS.
● There are 17 parts, 320 articles and nine annexes to UNCLOS.
● The sea law provides full money rights to nations for a 200-mile zone by their
shoreline. The sea and oceanic bed extending this area is regarded as an
Exclusive Economic Zone (EEZ), and any country can use these waters for its
economic utilisation.
● The IMO (International Maritime Organization) plays a vital role in UNCLOS’s
operation. Along with the IMO, organisations like the International Whaling
Commission and the International Seabed Authority are vital parties in the
functional areas of nautical law.
Even though UNCLOS has 160 member parties, the US has still not sanctioned
(ratified) the nautical law. The main reason for the US not approving the sea law is its
disagreement about Part XI of UNCLOS.

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This part deals with the minerals found on the seabed in the EEZ. The
International Seabed Authority was established based on this part of nautical law and
called for equitable distribution of the proceeds of such seabeds.
The US is opposed to this theory, which is why it has not ratified UNCLOS
despite being one of the most important members of the United Nations.
UNCLOS also contains specific provisions for protecting the marine
environment and preventing pollution from the marine environment, the world’s
oceans, and high seas by pollutants and practices like overfishing or deep seabed
mining.
It also mentions the freedom of the high seas, especially the freedom of
scientific research and easy passage of merchant vessels.
With the help of a maritime law like UNCLOS, it can be said that marine
resources can be protected and safeguarded, especially in contemporary times where
the need for marine resources’ protection has increased even more during the 1960s
and 70s.
5 Terms each mariner should know

As per this law, a specific boundary or limit has been provided to each country
to define the aspect of marine business and commercial activities, including all kinds
of jurisdictions.

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There are 5 important terms which each mariner should know under UNCLOS.
They are:
● Territorial Sea
● Contiguous zone
● Exclusive economic zone
● Continental shelf
● High Sea
Territorial sea
According to UNCLOS, the territorial sea can be defined as the area which
extends up to 12 nautical miles from the baseline of a country’s coastal state. The
territorial sea is under the jurisdiction of that particular country; however, foreign
ships (both merchant and military) ships are allowed passage through it.
This type of passage of territorial passage of foreign ships is known as an
innocent passage. However, the right to the innocent passage can be suspended if
there is a threat to the security of the coastal state.
The coastal state can also exercise jurisdiction if
● Any kind of activities in the territorial vessel has consequences extending
to the coastal state
● There is a threat to the peace of the coastal country
● There is illicit traffic or smuggling of drug
Contiguous Zone
The contiguous zone can be defined as the belt which extends 12 nautical miles
beyond the territorial sea limit.
A coastal state’s control on this area is limited to prevention of actions which
can infringe its customs, fiscal, and immigration laws. It can also act if any activity in
the contiguous zone threatens regulations in the territorial sea.

It is possible that vessels carrying noxious dangerous substances or waste may

be turned away on public health or environmental grounds.
Exclusive economic zone
The exclusive economic zone can be defined as a belt of water which extends up
to 200 nautical miles from the baseline of the coastal state. Thus it includes both
territorial sea and contiguous zone.
The exclusive economic zone provides the coastal state control over all economic
resources such as fishing, mining, oil exploration, and marine research.
The coastal state also has jurisdiction regarding protection and preservation of
natural resources and marine environment.

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Continental Shelf
The continental shelf can be defined as the area whose outer limit shall not
exceed 350 nautical miles from the baseline or shall not exceed 100 nautical miles
from the 2500 meters isobath.
The coastal state has exclusive rights for exploring and exploiting its natural
resources in this area. The state also has the exclusive rights to authorize and
regulate drilling on the shelf for all purposes.
High Seas
High seas can be defined as the part of the sea that is not included in the
exclusive economic zone, in the territorial sea, or in the internal waters of a coastal
state or archipelagic waters of an archipelagic state.
High seas are open to all states for freedom of navigation, freedom of over flight,
freedom to construct artificial islands installation, freedom of fishing, and freedom of
scientific research.
High seas are reserved for peaceful navigation through international waters.
However, regulations have been made to avoid prevention of slave trade, piracy,
seizure of ships, illicit narcotics trafficking and unauthorized broadcasting.

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TOPIC 13
WEST PHILIPPINE SEA (SOUTH CHINA SEA) DISPUTE
LO13.13.1 Evaluate the validity of China’s claim on the West Philippine Sea (South
China Sea) based on UNCLOS

China’s claim over the West Philippine Sea (also known as the South China Sea)
has been a contentious issue. Let’s examine it in light of the United Nations
Convention on the Law of the Sea (UNCLOS):
Territorial Sea and Exclusive Economic Zone (EEZ)
UNCLOS defines the territorial sea as extending up to 12 nautical miles from a
nation’s baseline.
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The EEZ extends up to 200 nautical miles, granting states exclusive rights over
natural resources within this zone.
China’s Claims
China asserts sovereignty over almost the entire South China Sea, including the
West Philippine Sea.
However, this claim disregards the 2016 Arbitral Ruling, which declared China’s
expansive claims invalid.
The ruling was based on UNCLOS principles and upheld the Philippines’
sovereign rights in the West Philippine Sea.
Philippine Stance
The Philippines firmly adheres to UNCLOS and the binding 2016 Arbitral
Award.
Respect for international law, including recognized maritime entitlements and
freedom of navigation, is crucial for global prosperity and stability.
The Philippines shares the vision of a stable and secure Indo-Pacific region,
standing against actions that undermine international security.
UNCLOS supports the Philippines’ position, emphasizing adherence to
established rules and peaceful resolution of disputes in the South China Sea. China’s
claims remain contested, especially in light of the 2016 ruling.
2016 Arbitral Ruling
The 2016 Arbitral Ruling was a significant legal decision regarding the South
China Sea dispute.
Invalidity of China’s “Nine-Dash Line” Claim

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The ruling declared that China’s historical claim based on the “Nine-Dash Line”
was invalid under international law.
The “Nine-Dash Line” had been used by China to assert sovereignty over almost
the entire South China Sea, including areas within the exclusive economic zones
(EEZs) of other countries.
Exclusive Economic Zones (EEZs)
The ruling upheld the rights of coastal states to establish EEZs extending up to
200 nautical miles from their baselines.
Within these EEZs, states have exclusive rights over natural resources,
including fishing, oil, and gas.
Features and Maritime Entitlements
The ruling clarified the legal status of various features (islands, rocks, and
reefs) in the South China Sea.
Features that do not meet the criteria for full islands are entitled only to
12-nautical-mile territorial seas, not EEZs.
Environmental Protection and Preservation
UNCLOS principles were emphasized, including the obligation to protect the
marine environment and prevent pollution.
States were encouraged to cooperate in scientific research and conservation
efforts.
Philippine Sovereign Rights

The Philippines was granted sovereign rights over certain areas within its EEZ,
including the Scarborough (Panatag) Shoal.
China’s actions in preventing Filipino fishermen from accessing Scarborough
Shoal were deemed unlawful.
Recent Developments

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Here are some recent developments in the Philippines-China dispute over the
West Philippine Sea:
China’s Aggressive Actions
Date: March 23, 2024.
Incident: Chinese Coast Guard vessels conducted dangerous maneuvers and fired
water cannons at a civilian supply boat named Unaizah May 4 (UM4).
Context: UM4 was bringing fresh provisions for soldiers manning the BRP Sierra
Madre outpost in Ayungin (Second Thomas) Shoal.
Consequences: UM4 suffered severe damage, and several personnel on board were
injured.
National Task Force for the West Philippine Sea (NTF-WPS)
Response: The NTF-WPS, chaired by National Security Adviser Eduardo M. Año,
convened to address China’s actions.
Recommendations: The NTF-WPS submitted recommendations to President Marcos
regarding the national government’s next steps.
Disappointment: The NTF-WPS expressed disappointment at China’s aggression,
which contradicted their claims of diplomacy in territorial disputes1.
US Concerns
Date: April 10, 2024.
US Stance: The US expressed being “very, very concerned” about China’s actions in
the West Philippine Sea.
Recent Collisions: There have been collisions between Chinese and Philippine vessels
near the Second Thomas Shoal.
Resource-Rich Area: The disputed area is vital for regional trade due to its
resource-rich maritime crossroads.
Preventing Miscommunications
Date: December 29, 2022.
Deal: The Philippines and China are expected to sign a deal to prevent
“miscalculations and miscommunications” regarding the West Philippine Sea3.
Long-Standing Dispute
Context: The West Philippine Sea dispute has been ongoing for decades.
Recent Escalation: Beijing’s alleged placement of missile batteries on a contested
island heightened tensions.
International Support
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Date: March 23, 2024.

Foreign Governments: Various foreign governments rallied behind the Philippines after
China’s water cannon attack on a Philippine vessel.
Critique: China’s actions were seen as inconsistent with their claims of peace and
adherence to international law.

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CO5: Differentiate the given various IMO conventions vis-a-vis national legislation or
regulation in terms of content and coverage scope.
Topic 14
IMO Conventions
LO14.14.1 Differentiate the various international conventions in terms of regulation,
content and coverage.
IMO
The International Maritime Organization (IMO) is a specialized agency of the
United Nations. Its primary responsibilities include ensuring the safety and security of
shipping and preventing marine and atmospheric pollution caused by ships. The
IMO’s work aligns with the United Nations’ sustainable development goals
4 Pillars of the IMO
The International Maritime Organization (IMO) operates based on four essential
pillars, each playing a critical role in shaping maritime law and ensuring safety and
environmental protection across the global industry:
SOLAS (Safety of Life at Sea)
Overview: SOLAS is considered the most crucial of all international conventions.
Purpose: It sets minimum safety requirements for the construction, equipment, and
operation of merchant ships.
Coverage: SOLAS applies to vessels traveling international waters, excluding warships,
small cargo ships, non-propelled ships, wooden vessels, non-commercial pleasure
yachts, and fishing boats.
Signatory Flag States: All signatory flag states must ensure their registered ships
comply with SOLAS standards.
STCW (Standards of Training, Certification, and Watchkeeping for Seafarers)
Regulation: STCW focuses on seafarer training, certification, and watchkeeping
standards.
Content: It specifies competence requirements, training programs, medical fitness, and
watchkeeping duties.
Coverage: STCW applies to seafarers serving on ships subject to SOLAS and other
conventions.
MARPOL (Prevention of Pollution from Ships)
Regulation: MARPOL addresses pollution prevention from ships, both operational and
accidental.

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Content: It covers oil pollution, noxious liquid substances, sewage, garbage, and air
emissions (such as sulfur oxides and nitrogen oxides).
Coverage: MARPOL applies to all ships operating in international waters.
MLC (Maritime Labour Convention)
Purpose: MLC focuses on labor laws within the maritime industry.
Content: It sets standards for seafarers’ working conditions, health, safety, and
welfare.
Coverage: MLC applies to all commercial ships, ensuring fair treatment and protection
of seafarers.
These four pillars collectively contribute to safety, environmental preservation,
and the well-being of seafarers worldwide. Their enforcement requires a global effort to
uphold conventions and drive continuous improvements.

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TOPIC 15
IMO CONVENTION REQUIRED DOCUMENTS
LO15.15.1 Differentiate the documents required onboard by the international
conventions.
Key Certificates and Documents Required Onboard Ships
Certificate of Registry
Purpose: Provides evidence of a ship’s nationality and registration.
Applicable Convention: Not specific to any single convention; required for all
ships.
Validity: Must be valid and drawn up in the form corresponding to the model
where required by relevant international conventions or instruments.
Renewal: Typically renewed annually or as required by the flag state.
Exceptions may exist.
International Tonnage Certificate (1969)
Purpose: Certifies a ship’s gross and net tonnage.
Applicable Convention: International Tonnage Measurement Convention (1969).
Validity: Must be valid and issued to every ship where tonnage has been
determined according to the convention.
Renewal: Valid indefinitely unless there are modifications to the ship’s tonnage.
Reissuance required if significant changes occur.
International Load Line Certificate
Purpose: Ensures compliance with load line requirements.
Applicable Convention: International Convention on Load Lines (1966) or the
1988 LL Protocol.
Validity: Issued to ships surveyed and marked in accordance with the
convention.
Renewal: Usually valid for 5 years. Reissuance required after significant
alterations.
International Ship Security Certificate (ISSC)
Purpose: Demonstrates compliance with ship security requirements.
Applicable Convention: International Ship and Port Facility Security (ISPS)
Code.
Validity: Required for ships subject to ISPS Code regulations.

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Renewal: Valid for 5 years. Reissuance needed for substantial changes.

Intact Stability Certificate
Purpose: Verifies a ship’s stability under various conditions.
Applicable Convention: Not specific to any single convention; required for all
ships.
Validity: Must be valid and drawn up as per relevant international conventions.
Renewal: Valid for 5 years. Reissuance needed after major modifications.
Minimum Safe Manning Document
Purpose: Specifies the minimum crew required for safe operation.
Applicable Convention: Not specific to any single convention; required for all
ships.
Validity: Must be valid and comply with crewing requirements.
Renewal: Typically, valid for 5 years. Reissuance required for changes.
Certificate of Classification
Purpose: Certifies compliance with specific standards related to construction,
stability, and safety.
Applicable: All ships.
SOLAS Certificates
Purpose: Certify compliance with the International Convention for the Safety of
Life at Sea (SOLAS).
Applicable: All ships.
MARPOL Certificates
Purpose: Address pollution prevention from ships (oil, sewage, garbage, air
emissions).
Applicable: All ships.
International Anti-Fouling System Certificate
Purpose: Ensures compliance with regulations related to anti-fouling paint
systems.
Applicable: Ships using anti-fouling coatings.
Certificates for Masters, Officers, and Ratings
Purpose: Certify competence, training, and qualifications for seafarers.
Applicable: Specific to seafarer roles and responsibilities.
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TOPIC 16
NATIONAL REGULATIONS RELATED TO IMO CONVENTIONS
LO16.16.1 Explain the national regulations in relation to IMO conventions.
The relationship between national regulations and International Maritime
Organization (IMO) conventions
IMO’s Role
The IMO is a specialized agency of the United Nations responsible for creating a
universal regulatory framework for the shipping industry.
It develops and adopts international conventions that address safety, security,
environmental protection, and other aspects of maritime operations.
National Implementation
When an IMO convention is adopted, it becomes an international treaty.
Each member state (flag state) has the responsibility to implement these
conventions into their national legislation.
This process involves translating the convention’s provisions into domestic laws
and regulations.
Binding National Laws
Once a government accepts an IMO policy, it becomes a national law.
These national laws are enforceable within the country’s jurisdiction.
Flag states must ensure that their registered ships comply with the relevant
IMO conventions.
Flag State Control
Flag states conduct inspections and surveys to verify compliance with IMO
conventions.
They issue certificates (such as SOLAS certificates, MARPOL certificates, etc.) to
ships that meet the required standards.
These certificates serve as evidence of compliance and are essential for ship
operations.
Port State Control
Port states (where ships call at ports) also play a role in enforcing IMO
conventions.
They inspect foreign-flagged ships to ensure compliance with safety, security,
and environmental requirements.

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Non-compliant ships may face detention or penalties.

Harmonization and Global Impact
The harmonization of national regulations with IMO conventions ensures
consistency across the global maritime industry.
It promotes safety, environmental protection, and efficient shipping operations.
National authorities collaborate with the IMO to address emerging challenges
and update regulations as needed.
Philippine laws derived from IMO Conventions
The Philippines has ratified several International Maritime Organization (IMO)
conventions, which have been incorporated into national laws. These conventions
cover various aspects of maritime safety, environmental protection, and seafarer
welfare.
SOLAS (Safety of Life at Sea)
IMO Convention: International Convention for the Safety of Life at Sea (SOLAS).
Philippine Law: The SOLAS Convention is implemented through the Philippine
Merchant Marine Rules and Regulations (PMMRR). These regulations ensure
compliance with SOLAS requirements, covering ship construction, equipment,
and operational procedures.
Loadline Convention
IMO Convention: International Convention on Load Lines (1966).
Philippine Law: The Loadline Convention is enforced through the Philippine
Coast Guard (PCG), which conducts surveys and issues Load Line Certificates
to ships that meet load line standards. Compliance ensures safe loading and
stability.
Tonnage Convention
IMO Convention: International Convention on Tonnage Measurement of Ships
(1969).
Philippine Law: The Tonnage Convention is incorporated into national law
through the Philippine Tonnage Measurement Regulations. Ships receive
International Tonnage Certificates based on their gross and net tonnage.
STCW (Standards of Training, Certification, and Watchkeeping for Seafarers)
IMO Convention: International Convention on Standards of Training,
Certification, and Watchkeeping for Seafarers (STCW).
Philippine Law: The STCW Convention is implemented through the Philippine
Regulations on Seafarers’ Training, Certification, and Watchkeeping. These
regulations ensure seafarers’ competence, training, and qualifications.
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MARITIME LAW

MARPOL (Prevention of Pollution from Ships)

IMO Convention: International Convention for the Prevention of Pollution from
Ships (MARPOL).
Philippine Law: MARPOL requirements are incorporated into the Philippine
Clean Water Act, the Ecological Solid Waste Management Act, and other
environmental laws. These address pollution prevention from ships, including
oil, sewage, and garbage disposal.
COLREG (International Regulations for Preventing Collisions at Sea)
IMO Convention: International Regulations for Preventing Collisions at Sea
(COLREG).
Philippine Law: The COLREG Convention is adopted through the Philippine
Ports Authority (PPA) regulations. These rules govern navigation, right of way,
and collision avoidance at sea.

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