Following the rules

Star Maritime 12 February 2007

Vessels can be considered unseaworthy not just due to their physical state – which has been the traditional yardstick – but for breaching the International Management Code for the Safe Operation of Ships and Pollution Prevention or ISM Code.
 
Since the Code provides standards for the safe management and operation of ships, rather than being concerned with their physical attributes, the mere fact that a ship has the necessary certificates is not conclusive proof of seaworthiness.
 
“If a vessel is deemed unseaworthy because of failure to comply with the ISM Code, a carrier will not be able to take advantage of any of the exceptions in the bill of lading and it will seriously impact on marine insurance claims,” said Jeremy M. Joseph, a lawyer.
 
And it is not just enough to produce the ISM Certificate. “Owners must show that they have followed procedures and everything is properly documented according to the Code. These are the current expectations,” he said.
 
Expectations of Seaworthiness is one of the main topics to be discussed at the National Maritime Conference themed Malaysia as a Maritime Nation: Meeting Expectations, jointly organised by the Bar Council and Attorney-General’s Chambers in Kuala Lumpur from March 8-March 10.
 
The conference hopes for the various components of the Malaysian maritime industry to come together to re-affirm professional and skilled resources within Malaysia and address deficiencies within the maritime sector.

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