CO129-536-10 Need for leglisation concerning number of certificated officers carried on passenger ships 18-11-1931 - 15-6-1932 — Page 33

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REPLIES OF THE GOVERNMENTS

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QUESTION 6

Question 6.

Supervision of enforcement

6. Is it desirable to provide for special measures for supervising the enforcement of the rules of the Draft Convention?

In particular, is it desirable to empower the authorities responsible for ensuring compliance with the laws or regulations relating to the safety of navigation to detain any vessel not carrying the duly certificated officers required ?

AUSTRALIA

6. It is considered desirable that the administration concerned should detain its own national ships in cases where the number of duly certificated officers carried is insufficient to ensure seaworthiness for the voyage intended, and, in cases where, although the seaworthiness of the ship is not involved, the number of officers carried is not in accordance with pres- cribed requirements. should institute proceedings.

With regard to foreign ships, it is the established principle in maritime practice not to interfere with such vessels except in cases of obvious unseaworthiness.

Intervention in the case of foreign ships should be sparingly exercised and then only in co-operation with the consul of the country in which the ship is registered.

BELGIUM

6. Provision should be made for special measures for supervising the enforcement of the rules of the Convention and power should be given to the authorities responsible for the enforcement of the laws and regulations regarding safety of navigation to prevent a ship putting to sea, as being unseaworthy, when it does not carry the duly certificated officers required.

CUBA

6. It is considered desirable to provide for special measures for supervising the enforcement of the provisions to be laid down, and the national authorities should undertake to secure their observance and have power to detain a vessel if its officers

are not duly certificated, provided the persons without certificates are essential for the navigation and security of the vessel.

CZECHOSLOVAKIA

See reply under Question 1, ante, p. 10.

DENMARK

6. It should be left to the national authorities to see to it that the provisions laid down are observed. In view, inter alia, of the fact that on account of force majeure or other unforeseen cause a ship may be obliged to make one or more voyages without having on board a master and the required number of duly certificated mates and engineers, it must be considered rather invidious to adopt general provisions prescribing that a ship will be liable to detention in cases where the officers on board the ship are not in possession of the prescribed certificates. However, such power should be prescribed in cases in which it must be deemed to be obviously dangerous to human life to allow a ship to proceed to sea in the trade for which it is intended, without the officers and engineers being in possession of the required certificates.

ESTONIA

6. The reply is in the affirmative.

6.

FINLAND

There are already provisions in force in Finland empowering the authorities, and requiring them in the case of Finnish ships, to supervise the capacity of officers. Under Section 70 of the Order of 17 April 1924 this duty falls on the customs authorities, while Section 3 (3) of the Order of 23 December 1924 concerning supervision of the engagement and discharge of seamen provides that senior and junior officers shall be engaged in conformity with the provisions of the

Order.

FRANCE

6. The points raised in Question 6 are somewhat delicate. as, if they are affirmatively answered, they tend to impose measures which might interfere with the action of certain Governments within their national regulations. The supervision