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REPLIES OF THE GOVERNMENTS
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Conference had the advantage of leaving the question entirely open while maintaining that the principal consideration was the safety of navigation.
can
The French Government considers that there should be no going back on the decision already taken by the International Labour Conference not to exclude fishing considered as a form of navigation from the scope of the Convention. Fishing is to- day a powerful industry and is carried on further and further from the coast, with gear which is being continually improved. Trawlers are constantly increasing in size, and there hardly be any question of leaving them without experienced staff, the more so as in numerous cases they have to cross the routes followed by large ships. Besides, has it not been demons- trated how great a danger is caused by fishing fleets to naviga- tion in certain areas on account of the carelessness of fishermen and their repugnance to conforming with the rules as to lights and steering↑
Accordingly, while it is not desirable to impose very strict regulations on fishing vessels, it is necessary that such vessels should not be excluded except for reasons other than the nature of their trade.
Fishing fleets as a whole would, of course, have the benefit of any exceptions laid down for other classes of ships on grounds of tonnage, speed and the degree of danger they might run in case of accident by reason of the fact that they carry a comparatively large number of persons on board.
In order to respond to the spirit of the Questionnaire drawn up by the Office in accordance with the indications of the International Labour Conference, the French Government considers that it would be possible to allow exceptions in the following cases, having regard to the type of ship and its tonnage:
(i) sailing vessels of 25 tons or less;
(ii) mechanically propelled ships with engines of less than
10 h.p.;
(iii) ships not having more than a crew of five on board.
The vessels which would thus have the benefit of an exception would still be sufficiently numerous to ensure that the application of the Draft Convention would not inconveni- ence small-scale navigation.
1
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The French Government recalls that the possibility of exceptional derogations was recognised by it in reply to Question 2 for certain cases of force majeure. It has no intention of preventing the sailing of ships covered by the Convention when the shipowner is unable to find on the spot a seaman possessing the requisite certificate of professional capacity or, again, when the ship is deprived of some of its crew at the moment of sailing by circumstances of force majeure.
QUESTION 3
The French Government is of opinion that it would be for national laws or regulations to fix the possible exceptions in the spirit in which the Convention is drawn.
GERMANY
3. The necessary latitude as regards the derogations contemplated must be left to national law, which should also be free to allow other exceptions. The exceptions should be based on the type of vessel and its tonnage. In order that the scope of the different maritime Conventions adopted at Geneva should be as far as possible uniform, it is recommended that exceptions should be provided for according to the type of vessel, as in the Conventions on Articles of Agreement and on the Repatriation of Seamen adopted in 1926. Exceptions would thus be made in respect of ships of war, Government vessels not engaged in trade, pleasure yachts and fishing vessels. As regards tonnage ships under 500 gross registered tons should be excepted, while in the case of ships of 500 gross. registered tons and over whose engines are less than 1000 h.p. certificated engine-room watch officers should not be required.
3.
GREAT BRITAIN
See reply under Question 1, ante, p. 15.
INDIA
The reply to the first part is in the affirmative. The following exceptions are proposed :---
(i) Master and navigating officer in charge of a watch : sailing vessels not exceeding 300 tons registered tonnage.
(ii) Navigating officer in charge of a watch: mechanically propelled vessels not exceeding 100 tons registered tonnage.
(iii) Engineer officer in charge of a watch cargo vessels having engines of under 250 indicated horse power which do not proceed in the course of their voyage more than 200 miles from the nearest land.
According to the rules framed by the Government of India. a candidate for a certificate of competency as an engineer is required to have served as an apprentice engineer or journey. man for a period of not less than 4 to 5 years at the making or repairing of steam or internal combustion engines and, in addition, on the completion of this apprenticeship, to have
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