CO129-536-10 Need for leglisation concerning number of certificated officers carried on passenger ships 18-11-1931 - 15-6-1932 — Page 45

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GENERAL SURVEY

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engine-room staff is perhaps of secondary importance as compared with his responsibility for the mechanical propulsion of the vessel. Both elements might of course be explicitly included in the definition, as Australia suggests, but perhaps some such formula as “any person permanently responsible for the mechanical propulsion of a vessel might sufficiently cover both, while at the same time emphasising the element which is the more essential for present purposes. This formula would require no change in the French version of the definition in the Questionnaire (toute personne ayant la direction perma- nente du service assurant la propulsion d'un navire),

word except the addition of the

mécanique after propulsion.

The

on the

[C

any

(d) Engineer officer in charge of a watch. observations made by certain Governments definition of this expression in the Questionnaire person who is running a ship's engines" are a repetition of the observations already considered under (b) and (c) above. Thus the observations of Italy, Norway and Sweden under (b) (iii) on the definition of navigating officer apply here also. The same is the case, mutatis mutandis, with the Spanish Government's observations Australia and in the same connection. Similarly, Belgium, combining their respective observations on the definitions of navigating officer and chief engineer, propose the following formulae for engineer officers in charge of a watch: " Any person on watch and controlling for the time being the engines and engine-room of the ship (Australia), and "Any person who takes the place of and assists the chief engineer in running a ship's pro- pelling or other machinery" (Belgium).

In these circumstances the same comments as have already been made on the corresponding observations and formulae put forward by these Governments on the wording of the definitions of the Questionnaire for navigating officer in charge of a watch and chief engineer will also apply mutatis mutandis in the present case. Certain changes will accordingly be required in the definition of engineer officer in charge of a watch as consequential to the changes which it has been proposed above to make in the wording of the other two definitions. The new formula for the definition of engineer officer in

፡፡

QUESTION 2

charge of a watch would thus be:

any person who for the time being is in charge of the running of a vessel's engines ".

The four definitions which it is accordingly propo- sed to include in the preliminary draft for a Convention to be submitted to the Conference will be as follows:

Master or skipper.

charge of a vessel.

Any person having command or

Navigating officer in charge of a watch. Any person, not being a pilot, who for the time being controls the navigation of a vessel.

Chief engineer. Any person permanently responsible for the mechanical propulsion of a vessel.

Engineer officer in charge of a watch. Any person who for the time being is in charge of the running of a vessel's engines.

Force majeure.

If, in accordance with the replies to Questions 1 and 2, the Draft Convention is to make possession of a certi- ficate of professional competency compulsory for perform- ance of any of the duties defined above, the draft should, it would appear, prohibit both the engagement of an uncertificated person for any of these duties (so as to ensure that the vessel leaves port with the certificated persons required) and also the actual entrusting of any of the duties to an uncertificated person, whether origin- ally engaged for such employment or not, while the vessel is at sea.

As one or two Governments, however, point out (e. g. France in reply to Questions 2 and 3, and Denmark in reply to Question 6), exceptional cases may occur where owing to force majeure or other similar circum- stances it would for the time being be literally or practically impossible to carry out these rules. Such cases might arise, for example, where at the moment of sailing a vessel is for some sudden and unforeseen cause deprived of the services of a certificated person already engaged and a certificated substitute is not available within sufficient time, or where owing to illness or accident

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