Seaworthiness of a Vessel

Seaworthiness of a Vessel

In all seafarers’ employment contracts, including those of the master, officers, engineers, ratings, and other crew members, the shipowner, the lawful representative of the owner, or the master of the vessel is obligated toward the seafarers and generally toward all parties utilizing the vessel to dispatch the ship to sea in a seaworthy condition at the commencement of each voyage. Furthermore, this condition of seaworthiness must be maintained throughout the voyage until its completion.

Seaworthiness signifies that a vessel, in addition to possessing appropriate design, construction, structural integrity, and equipment capable of withstanding the ordinary perils of a maritime voyage, must also be adequately manned. With due regard to the vessel’s capacity and the nature of the voyage, whether coastal, intercontinental, or unlimited navigation, the ship must be commanded and operated by a qualified master and a sufficient number of competent crew members across all required ranks.

Given the close internal relationship between seaworthiness and adequate manning, the concept of safe manning forms an essential component of seaworthiness. Moreover, where the circumstances and nature of the voyage require the engagement of a navigator or pilot, seaworthiness encompasses compliance with such requirements.

Seaworthiness further includes refraining from the carriage of dangerous goods without appropriate safeguards, arrangements, and proper packaging. It also requires the vessel to carry sufficient fuel and to be suitable for the specific cargo it intends to transport. This latter requirement is commonly referred to as cargo worthiness.

Legal Requirements and International Standards of Seaworthiness

Conditions Necessary for Seaworthiness

In light of the foregoing, a vessel is considered seaworthy when it satisfies all necessary conditions for maritime navigation and is capable of successfully completing the intended voyage. Such conditions include the following:

• The vessel must possess appropriate design, construction, structural condition, and equipment sufficient to withstand the ordinary risks of maritime navigation.
• Taking into account the vessel’s capacity and the nature of the voyage, whether coastal, intercontinental, or unlimited, the vessel must be staffed with a qualified master and a sufficient number of competent crew members across various ranks.
• Where circumstances and the nature of navigation require the presence of a navigator or pilot for a specific voyage, that requirement is part of seaworthiness.
• The vessel must not carry dangerous goods unless it has the necessary facilities and precautionary measures in place.
• The cargo must be properly packaged.
• The vessel must carry sufficient fuel for the intended voyage.
• The vessel must be suitable for the carriage of the particular cargo in question, a condition referred to as cargo worthiness.

Adequate Manning of the Vessel

The determination of whether a vessel is adequately manned with qualified personnel in sufficient numbers depends on factors including the vessel’s capacity, trading areas, seasonal conditions, weather circumstances, and the nature of the services for which the vessel is intended.

Adequate manning requires that the vessel be staffed with a sufficient number of skilled, experienced, and competent personnel in various ranks so as to ensure the proper execution of the following essential operations:

• Maintaining a proper lookout in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
• Effectively and prudently mooring and unmooring the vessel.
• Securing and maintaining all arrangements necessary to prevent water ingress.
• Ensuring that all firefighting and lifesaving equipment is operational and ready for immediate use.
• Activating and maintaining the vessel’s safety systems when not underway.
• Conducting prudent engineering inspections and watchkeeping at sea in accordance with the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
• Exercising careful operation of the main propulsion system and auxiliary machinery.
• Maintaining machinery spaces and equipment in a clean condition to prevent fire hazards.
• Providing medical services and care on board.
• Maintaining and operating radio watch systems in accordance with the provisions of the International Convention for the Safety of Life at Sea 1974 and the regulations of the International Telecommunication Union.

Frequently Asked Questions on Seaworthiness