A presentation by PIMLA Pacific International Maritime Law Association

Transcription

1 A presentation by PIMLA Pacific International Maritime Law Association

2 Legislative Regime of Inter island Shipping implementation/enforcement Background of current legislative provisions Summary of recent judicial interventions and commentaries Some suggestions on regional measures

3 Current legislative provisions Unseaworthy vessels (1) Any person who sends or attempts to send, or is a party...or attempting to send, a vessel to sea in such an unseaworthy state that the life of any person is likely to be... endangered shall be guilty of an offence and shall be liable to imprisonment for a term for two years or to a fine of one thousand dollars or to both..., unless he proves either that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable. (2) If the master or boson of any vessel knowingly takes the same to sea in such an unseaworthy state that the life of any person is likely to be... endangered he shall be guilty of an offence and shall be liable to imprisonment for two years or to a fine of one thousand dollars or to both..., unless he proves that her going to sea in such an unseaworthy state was, under the circumstances, reasonable and justifiable. (3) A prosecution under this section shall not be instituted otherwise than by or with the consent of the Director of Public Prosecutions.

4 Current legislative provisions Limit of persons to be carried Any master or bosun of any vessel who carries a greater number of persons than is specified in such vessel's safety certificate shall be guilty of an offence and shall be liable to a fine of ten dollars per day for each excess person so carried, or, in default of payment, to imprisonment for three months. Who is responsible with the ticket sales or collection of tickets on the wharf?

5 Current legislative provisions Survey to be made if vessel believed to be unseaworthy (1) When a licensing officer has received a complaint, or has reason to believe that any vessel is, by reason of the defective condition of the hull, equipment or machinery or by reason of over loading or improper loading, unfit to proceed to sea without danger to human life, he shall order a survey of the vessel and, if he considers that the vessel is unfit so to proceed, he may order the detention of the said vessel in the form prescribed in.until such conditions as therein prescribed have been complied with.

6 Recent judicial pronouncements The MV Princess Ashika was unquestionably unseaworthy and in an appalling condition. The evidence as to the unseaworthiness and appalling state of the vessel is overwhelming and compelling. The vessel was demonstrably and unequivocally unseaworthy and unsafe. Even a person with no shipping experience could tell from the briefest inspection of the vessel that it was in appalling condition.

7 Recent judicial pronouncement In view of our findings, it is abundantly clear that the vessel was not in a seaworthy condition The question that sticks out like a sore thumb upon the whole of the evidence, and it is the central issue around which this casualty evolves, is that of the seaworthiness or otherwise of the vessel in question.

8 Recent judicial pronouncement For the benefit of the maritime public and for the safety of passengers and safe carriage of cargo, we need to seriously take heed and learn from the MV Ovalau II tragedy and to immediately make amendments to the Maritime Act and Regulations made thereunder and for their enforcement by the officers responsible. The most important matter thereafter shall be strict compliance by all concerned in the application and enforcement of Maritime laws.

9 Suggestions/Recommendations on Regional Measures A Review of Legislative provisions on Inter Island Shipping services Implementation/Enforcement of Legislative provisions to be given priority status Regional/National Safety Audits/Inspections on Inter Island Shipping Services Minimum safety standards for Inter Island Shipping Services as policy initiatives

10 Suggestions/Recommendations on Regional Measures Awareness and training programme for politicians to champion importance of safe culture within maritime sector Awareness programme at grassroots level /schools etc on importance of safe vessels PIMLA to develop policies and legislations for PICs

11 Acknowledgements: ESCAP for funding assistance Tufuga Fagaloa and Kerryn Kwan of PIMLA