Q:-What do you understand by unseaworthy vessel within the meaning of the MSA 1958 as amended?
What according to you is the difference between unseaworthy and unsafe ship?
What are the obligation of the owner to crew with respect seaworthiness.
ANSWER:-
unseaworthy ship:-
In the M.S. Act 1958 of India as amended the meaning of unseaworthy ship is as follows:-
Under section 334 a ship is said to be unseaworthy "when the materials of which she is made, her construction, the qualification of master, the number, description and qualification of the crew including officers, the weight, description and stowage of the cargo and ballast, the condition of her hull and equipment, boilers and machinery are not such as to render her in every respect fit for the proposed voyage or service."
- A ship is unseaworthy, when the material which she is made and her construction and design is faulty and not as per laid down regulation.
- A ship is unseaworthy when its master, officers and crew are not qualified and are not as per safe manning of the ship.
- Not having enough certificates according to law make the ship unseaworthy.
- A ship is said to be unseaworthy when the machinery or equipment is missing which should have been installed as per any regulation.
- An unseaworthy ship poses serious threat to human life.
- A ship is said to be unseaworthy when its machinery or equipment is not able to perform its duties for the intended voyage.
- Wrong weight, description and stowage of cargo and ballast make the ship unseaworthy for the voyage.
Unsafe ship:-
In the M.S. Act 1958 of India as amended the meaning of unsafe ship is as follows:-
Under section 336,unsafe ship may be defined an unsafe ship, that is to say, is by reason of the defective condition of her hull,equipment or machinery,or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of service for which she is intended.
- A ship is said to be unsafe, when the hull and equipment is temporarily defective and the ship is unsafe for that proposed voyage.
- A ship is said to be unsafe when its master, officers and crew are qualified but do not follow the safe working practices.
- Not maintaining the required provisions laid down in certificates can make the ship unsafe during the voyage.
- A ship is said to be unsafe if the machinery or equipment is placed on board but found not working or the maintenance plan is not being followed.
- An unsafe ship does not pose serious threat to human life.
- A ship is said to be unsafe when its machinery or equipment is operated wrongly at any instance by the ship's crew in the voyage.
- Wrong procedure of ballasting, deballasting or negligence of crew towards stowage of cargo makes the ship unsafe an any instance during voyage.
In broad perspective or loosely we can say that unseaworthiness depends on design factors and physical factors. Also unseaworthy is a condition.
But ship becomes unsafe due to human factors. It is an act.
Difference between unseaworthy and unsafe ship
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unseaworthy section 334
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unsafe section 336
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1
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when the material which she is made and her construction and design is faulty and not as per laid down regulation.
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the hull and equipment is temporarily defective and the ship is unsafe for that proposed voyage.
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2
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master officer crew not qualified or less than the safe manning requirement
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when its master, officers and crew are qualified but do not follow the safe working practices.
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3
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not having all reqd certificates present to prove a seaworthiness of the vsl
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Not maintaining the required provisions laid down in certificates can make the ship unsafe during the voyage.
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4
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machinery or equipment reqd as per any regulation is missing
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machinery or equipment is not working or maintenance schedule not being followed
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5
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machinery or equipment not able to perform its duties
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machinery or equipment wrongly operated by its crew
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6
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wrong weight description and stowage of cargo and ballast
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wrong procedures of ballasting deballasting or negligence in stowage of cargo
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7
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An unseaworthy ship poses serious threat to human life.
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An unsafe ship does not pose serious threat to human life
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Obligation of owner to crew with respect to seaworthiness
AS per section 335
- An obligation on the owner that the owner, the master and every agent charged with loading the ship, preparing the ship for sea or sending the ship to sea must use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences; and
- That the ship will be kept in a seaworthy condition for the voyage during the voyage.
- The Central Government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going ship by a surveyor.
