Mod Law 306 12

PNTC COLLEGES
Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City
COLLEGE OF MARITIME EDUCATION

ONLINE DISTANCE LEARNING MODULE
COURSE CODE LAW 306 PRE-REQUISITE NONE

COURSE TITLE Maritime Law SEMESTER 1st / 2nd
UNITS 4 YEAR LEVEL 3rd
COURSE DESCRIPTION This course covers the requirements of the STCW 2010 Convention Chapter II, Section A-
12. This functional element provides the detailed knowledge to support the training
outcomes related to Navigation at the Operational Level. This section provides the
background knowledge to support international maritime law embodied in international
agreements and conventions.
MODULE 12 (WEEK 12)

Responsibilities under International Instruments affecting the Safety of the Ship,
TOPIC LEARNING OUTCOMES
The students shall be able to:
1. define for the purposes of these regulations:

- arrival of a ship
- baggage
- container or freight container
- crew
- diseases subject to the regulations
- disinsecting
- epidemic
- free pratique
- health administration
- health authority
- infected person
- in quarantine
- international voyage
- isolation
- medical examination
- ship
- suspect
- valid certificate
2. state that a health authority should, if requested, issue, free of charge to the carrier, a certificate specifying the
measures applied to a ship or container, the parts treated, methods used and the reasons why they have been
applied
3. state that, except in an emergency constituting a grave danger to public health, a ship which is not infected or
suspected of being infected with a disease subject to the regulations should not be refused free pratique on account
of any other epidemic disease and should not be prevented from discharging or loading cargo or stores, or taking on
fuel or water
4. state that a health authority may take all practicable measures to control the discharge from any ship of sewage
and refuse which might contaminate the waters of a port, river or canal
5. describe the measures which the health authority of a port may take with respect to departing travellers
Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

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6. state that no health measures should be applied by a State to any ship which passes through waters within its
jurisdiction without calling at a port or on the coast
7. describe the measures which may be applied to a ship which passes through a canal or waterway in a territory of
a State on its way to a port in the territory of another State
8. state that, whenever possible, States should authorize granting of free pratique by radio
9. explain that the Master should make known to port authorities, as long as possible before arrival, any case of
illness on board, in the interests of the patient and the health authorities and to facilitate clearance of the ship
10. state that, on arrival of a ship, an infected person may be removed and isolated and that such removal should
be compulsory if required by the Master
11. state that a ship should not be prevented for health reasons from calling at any port, but if the port is not
equipped for applying the health measures which in the opinion of the health authority of the port are required, the
ship may be ordered to proceed at its own risk to the nearest suitable port convenient to it
12. explain the actions open to a ship which is unwilling to submit to the measures required by the health authority
of a port
13. describe the measures concerning cargo and goods
14. describe the measures concerning baggage
 Plague
15. state that, for the purposes of the regulations, the incubation period of plague is six days
16. state that vaccination against plague should not be required as a condition of admission of any person to a
territory
17. state that during the stay of a ship in a port infected by plague, special care should be taken to prevent the
introduction of rodents on board
18. state that ships should be permanently kept free of rodents and the plague vector or be periodically derailed
19. describe the requirements for the issue of a Ship Sanitation Control Certificate or a Ship Sanitation Control
Exemption Certificate and states their periods of validity
20. state the conditions in which a ship on arrival is to be regarded as infected, suspected or healthy
21. describe the measures which may be applied by a health authority on the arrival of an infected or suspected ship
22. describe the measures which may be applied by a health authority on the arrival of a healthy ship from an
infected area
 Cholera
23. state that, for the purposes of the regulations, the incubation period of cholera is five days
24. describe the measures to be taken by the health authority if a case of cholera is discovered upon arrival or a case
has occurred on board
 Yellow Fever
25. state that, for the purposes of the regulations, the incubation period of yellow fever is six days
26. state that vaccination against yellow fever may be required of any person leaving an infected area on an
international voyage
27. state that every member of the crew of a ship using a port in an infected area must be in possession of a valid
certificate of vaccination against yellow fever
28. state the conditions in which a ship on arrival is to be regarded as infected, suspected or healthy.
29. describe the measures which may be applied by a health authority on the arrival of an infected or suspected ship
 Documents
30. state that bills of health or any other certificates concerning health conditions of a port are not required from
any ship
31. describe the Master’s obligations concerning a Maritime Declaration of Health
32. state that the Master and the ship’s surgeon, if one is carried, must supply any information required by the
health authority as to health conditions on board during the voyage
33. state that no health document, other than those provided for in the regulations, should be required in
international traffic
 Convention on Facilitation of International Maritime Traffic, 1965, as amended (FAL 1965
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34. state that the purpose of the Convention is to facilitate maritime transport by simplifying and reducing to a
minimum the formalities, documentary requirements and procedures on the arrival, stay and departure of ships
engaged in international voyages
35. explain that the Convention lays down ‘standards’ and ‘recommended practices’ regarding documentation and
procedures for facilitating international maritime traffic
36. list the documents which should be the only ones required by public authorities for their retention on arrival, or
departure of ships to which the Convention applies
37. explain that the provisions do not preclude the requirement for the presentation for inspection by the
appropriate authorities of certificates and other papers concerned with registry, measurement, safety, manning and
other related matters
38. state that IMO has produced standard forms for:
- general declaration
- cargo declaration
- ship’s effects declaration
- crew’s effects declaration
- crew list
- passenger list
- dangerous goods manifest
39. explain that arrival procedures may be expedited by:

- providing the public authorities concerned with an advance message giving the best ETA, followed by any
information as to change of time, and stating the itinerary of the voyage
- having ship’s documents ready for prompt review
- rigging a means of boarding while the ship is en route to the berth or anchorage
- providing for prompt, orderly assembling and presentation of persons on board, with necessary documents for
inspection, including arrangements for relieving crew members from essential duties
 Noting protest
40. explain that a ‘note of protest’ is a declaration by the master of circumstances beyond his control which may
have given, rise to loss or damage
41. state that protests are made before a notary public, magistrate, consular officer or other authority
42. state that protests should be noted as soon as possible, and in any case, within 24 hours of arrival in port.
43. state that, at the time of noting protest, the master should reserve the right to extend it
44. state that protests concerning cargo damage should be made before starting to unload
45. explain that, although there is no requirement to use a special form, it is usual to do so
46. explain that statements under oath are taken from the master and other members of the crew and that such
statements must be supported by appropriate entries in the log-book, which must be produced
47. state that certified copes of the note of protest should be forwarded to the owners an one copy retained n
board
48. explain why protest should be noted at each discharging port and not just at the first port of call
49. state that a note of protest is advisable when:
- during the voyage the ship has experienced weather conditions which may result in damage to cargo
- the ship is in any way damaged, or there is reason to suspect that damage may have occurred
- normal ventilation of perishable cargo has not been practicable on account of weather
- cargo is shipped in such a condition that is likely to deteriorate during the voyage (bills of lading must be
appropriately endorsed)
- the charterer or his agent commits any serious breach of the terms of the charter party
- consignees fail to discharge cargo, take delivery or pay freight in accordance with the terms of a charter party or
bill of lading
- any general average act has occurred
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50. state that, in cases where damage is found to have occurred, it is necessary to extend protest to support claims
51. state that the master should consult his owner’s agent about the local requirement and practice for extending a
protest
52. state that the master must normally appear in person accompanied by number, depending upon local custom,
of crew members as witnesses
ENGAGE
1. This Recommendation Concerning Vocational Training of Seafarers has so many benefits and advantages,
most especially to those who are non-BSMT or non BSMarE graduates. State the benefits and the
advantages, if you have undergone the vocational training for seafarers.
2. Able bodied seamen or AB are one of the most reliable ratings on ship. They are assigned to do the difficult
jobs. In your knowledge in seamanship, describe the jobs of the able seamen.
EXPLORE
1. To be an able bodied seaman, you must have enough knowledge and skills to perform difficult jobs on ship.
Describe the qualification for able bodied seaman. What shall be covered in the examination for able bodied
seaman.
2. In the Convention Concerning Wages, Hours of Work on Board Ship and Manning. Describe the required
working hours and rest hours for the officers and crew of a ship.
EXPLAIN AND ELABORATE
3.4 Responsibilities under International Instruments affecting the Safety of the Ship,
Convention concerning the Certification of Able Seamen, 1946 (No. 74)

PREAMBLE
The General Conference of the International Labour Organisation,
Having been convened at Seattle by the Governing Body of the International Labour Office, and having met in its
Twenty-eighth Session on 6 June 1946, and
Having decided upon the adoption of certain proposals with regard to the certification of able seamen, which is
included in the fifth item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-ninth day of June of the year one thousand nine hundred and forty-six the following Convention,
which may be cited as the Certification of Able Seamen Convention, 1946:
• Article 1
No person shall be engaged on any vessel as an able seaman unless he is a person who by national laws or
regulations is deemed to be competent to perform any duty which may be required of a member of the crew
serving in the deck department (other than an officer or leading or specialist rating) and unless he holds a certificate
of qualification as an able seaman granted in accordance with the provisions of the following articles.
• Article 2
1. The competent authority shall make arrangements for the holding of examinations and for the granting of
certificates of qualification.
2. No person shall be granted a certificate of qualification unless--
(a) he has reached a minimum age to be prescribed by the competent authority;
(b) he has served at sea in the deck department for a minimum period to be prescribed by the competent
authority; and
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(c) he has passed an examination of proficiency to be prescribed by the competent authority.

3. The prescribed minimum age shall not be less than eighteen years.
4. The prescribed minimum period of service at sea shall not be less than thirty-six months: Provided that the
competent authority may--
(a) permit persons with a period of actual service at sea of not less than twenty-four months who have successfully
passed through a course of training in an approved training school to reckon the time spent in such training, or part
thereof, as sea service; and
(b) permit persons trained in approved sea-going training ships who have served eighteen months in such ships to
be certificated as able seamen upon leaving in good standing.
5. The prescribed examination shall provide a practical test of the candidate's knowledge of seamanship and of his
ability to carry out effectively all the duties that may be required of an able seaman, including those of a
lifeboatman; it shall be such as to qualify a successful candidate to hold the special lifeboatman's certificate
provided for in Article 22 of the International Convention for the Safety of Life at Sea, 1929, or in the corresponding
provision of any subsequent Convention revising or replacing that Convention for the time being in force for the
territory concerned.
Recommendation Concerning Vocational Training of Seafarers (Recommendation No. 137)

Preamble
Recommendation Concerning Vocational Training of Seafarers (Recommendation No. 137)
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its
Fifty-fifth Session on 14 October 1970, and
Having decided upon the adoption of certain proposals with regard to the vocational training of seafarers, which is
the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-eighth day of October of the year one thousand nine hundred and seventy, the following
Recommendation, which may be cited as the Vocational Training (Seafarers) Recommendation, 1970:
(1) This Recommendation applies to all training designed to prepare persons for work on board a publicly or
privately owned seagoing ship engaged in the transport of cargo or passengers for the purpose of trade, engaged in
training or engaged in scientific exploration. National laws or regulations, arbitration awards or collective
agreements, as may be appropriate under national conditions, should determine when ships are to be regarded as
seagoing ships.
(2) This Recommendation applies to training for the performance of the duties of persons in the deck, engine, radio
or catering departments or of general purpose crews. It does not apply to fishermen.
The Recommendation is a comprehensive instrument containing detailed provisions on the basic objectives of
training policy, the organization and co-ordination of training, the financing of training schemes for seafarers,
advanced training courses and training methods (as follows).
• Objectives of Training
The basic objectives of policy concerning vocational training of seafarers should be--
(a) to maintain and improve the efficiency of the shipping industry and the professional ability and potential of
seafarers, with due regard to the educational needs of the latter and the economic and social interests of the
country;
(b) to maintain and improve accident prevention standards on board merchant ships, both at sea and in port, in
order to reduce the risk of injury;
(c) to encourage a sufficient number of suitable persons to make the merchant marine their career;
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(d) to ensure that adequate induction training is given to all new recruits, ashore as far as possible, or on board ship;
(e) to provide training and retraining facilities commensurate with the current and projected manpower needs of
the shipping industry for all the various categories and grades of seafarers;
(f) to provide the training facilities necessary in order that technical developments in the fields of operation,
navigation and safety can be put into effect;
(g) to make training for upgrading and for promotion up to the highest ranks on board available to all seafarers with
appropriate ability, and thereby to assist them to develop their efficiency, potential productivity and job
satisfaction;
(h) to provide suitable practical training for the various categories and grades of seafarers;
(i) to ensure, as far as possible, the entry into employment of all trainees after completion of their courses.
A. ORGANIZATION AND CO-ORDINATION

1. In planning a national education and training policy, the competent authorities in countries possessing or
intending to develop a shipping industry should ensure that adequate provision is made in the general network of
training facilities for the training of seafarers in order to achieve the objectives set out in Paragraph 2 of this
Recommendation.
2. Where national circumstances do not permit the development of facilities for the training of seafarers of all
categories and grades required, collaboration with other countries, as well as with international organizations, in
setting up joint maritime training schemes for such seafarers as cannot be covered by national programmes should
be considered.
3. (1) The training programmes of all public and private institutions engaged in the training of seafarers should be
co-ordinated and developed in each country on the basis of approved national standards.
(2) Such programmes should be drawn up in co-operation with government departments, educational institutions
and other bodies which have an intimate knowledge of the vocational training of seafarers, and should be so
designed as to meet the operational requirements of the shipping industry, as established in consultation with
shipowners' and seafarers' organisations.
4. Bodies which draw up such programmes should, in particular--
(a) maintain close contacts between the training institutions and all those concerned so as to keep training in line
with the needs of the industry;
(b) make regular visits to the training schools with which they are concerned and be fully conversant with the
programmes being carried out;
(c) ensure that information about available training opportunities is disseminated to all those concerned;
(d) co-operate in setting up and operating practical maritime training schemes;
(e) participate in establishing the general training standards provided for in Paragraph 11;
(f) participate in establishing such national certification standards as are appropriate for the various grades and
categories of seafarers;
(g) promote direct co-operation between training institutions and those responsible for recruitment and
employment.
5. The competent authorities and bodies, in co-operation with shipowners' and seafarers' organisations, should
ensure that full information on public and private training schemes for seafarers and on conditions of entry into the
shipping industry is available to those providing vocational guidance and employment counselling services, to public
employment services and to vocational and technical training institutions.
6. The competent authorities and bodies should endeavour to ensure that--
(a) the facilities of shipyards, engineering workshops, manufacturers of equipment, naval installations, etc., are
utilized where available and appropriate in training both officers and ratings;
(b) arrangements are made in order that, other things being equal, preference may be given in employment
placement to persons who have received appropriate and recognized training.
9. (1) Training programmes should be regularly reviewed and kept up to date in the light of the developing needs of
the industry.
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(2) In the review of training programmes, account should be taken of the Document for Guidance, 1968--which
was prepared jointly by the International Labour Organisation and the Inter-Governmental Maritime Consultative
Organization and agreed by both organisations and which deals, in technical detail, with the subjects directly
affecting the safety of life at sea-as well as of any subsequent amendments or additions thereto.
B. FINANCING
(1) Seafarers' training schemes should be systematically organized and their financing should be on a regular and
adequate basis, having regard to the present and planned requirements and development of the shipping industry.
2) Where appropriate, the government should make financial contributions to training schemes carried on by local
government or private bodies. These contributions may take the form of general subsidies, grants of land, buildings
or demonstration material such as boats, engines, navigational equipment and other apparatus, the provision of
instructors free of charge, payment of trainees' allowances or payment of fees for trainees in day or boarding
schools or on training ships.
(3) Seafarers should not, through lack of financial resources or training opportunities, be denied the possibility of
reaching the highest ranks on board. Therefore, it should be possible for seafarers to earn or receive sufficient
financial resources to enable them to obtain appropriate training.
(4) Training in publicly run training centres for seafarers should, where possible, be given without charge to trainees.
(5) Retraining necessitated by the introduction of technical innovations should be provided free of charge to the
seafarers concerned. During the period of such retraining, seafarers should receive adequate allowances; seafarers
sent to courses of such retraining by a shipowner should receive their full basic wage.
C. TRAINING STANDARDS
Training standards should be laid down in conformity with national requirements for obtaining the various
seafarers' certificates of competency. In particular, there should be laid down:
(a) the nature of medical examinations, including chest X-rays and diabetic, hearing and sight tests, required for
persons entering training schemes; the standards of such examinations, particularly of the hearing and sight tests,
could differ according to the departments which the persons concerned are planning to enter, but should in no case
be lower than the medical standards required for entry into employment in the shipping industry;
(b) the level of general education required for admission to vocational training courses leading to certificates of
competency;
(c) the subjects, such as navigation, seamanship, radio, electronics, engineering, catering and human relations,
that should be included in the training curricula;
(d) the nature of any examination to be taken upon completion of training courses which are subject to
examination;
(e) a procedure whereby the authorities ensure that the teaching staff of training institutions have the requisite
experience and qualifications, including adequate practical and theoretical knowledge of technical and operational
developments.
D. Training Programmes
The various training programmes should be realistically based on the work to be performed on board ship. They
should be periodically reviewed and kept up to date in order to keep abreast of technical developments. They
should include the following, as appropriate:
(a) training in navigation, seamanship, ship handling, signalling, cargo handling and storage, ship maintenance,
and other matters relating to the operation of merchant ships;
(b) training in the use of electronic and mechanical aids, such as radio and radar installations, radio direction-
finders and compasses;
(c) theoretical and practical instruction in the use of life-saving and fire-fighting equipment, survival at sea
procedures, and other aspects of the safety of life at sea;
(d) theoretical and practical instruction in the operation, maintenance and repair of main propulsion installations
and auxiliary machinery, with emphasis on the types of equipment, including electronic equipment, installed in ships
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of the country concerned;

(e) training for the catering department as appropriate for those to be employed as stewards, cooks, waiters and
galley staff, account being taken of training requirements, for different categories of ships;
(f) training in accident prevention on board ship, particularly as regards safe working practices in all departments,
and including personal safety as part of training in professional subjects, training in first aid, medical care and other
related matters and health and physical training, especially swimming; training in medical care and particularly
special training for personnel placed in charge of medical care on board should in all cases be related to the content
of medical guides compiled by competent authorities and to full utilisation of medical radio services;
(g) particularly in the case of trainees under 18 years of age, instruction in subjects of general educational value;
(h) instruction in elements of social and labour legislation related to merchant ship operations and to industrial
relations, regulations concerning seafarers, transportation economics, maritime insurance, maritime law, etc.;
(i) instruction in management techniques, including such subjects as personnel relations and work study.
Training programmes should be designed, inter alia, to prepare trainees for certificates of competency and should
be directly related, where appropriate, to national certification standards. They should include adequate practical
training and take account of any minimum age and minimum working experience laid down by the competent
authorities in respect of the various grades of certificates. Account should also be taken of other nationally
recognized certificates.
The duration of the various training programmes should be sufficient to enable trainees to assimilate the teaching
given and should be determined with reference to such matters as:
(a) the level of training required for the shipboard occupation for which the course is designed;
(b) the general educational level and age required of trainees entering the course;
(c) the trainees' previous practical experience.
General Training Schemes for Seafarers

1. Induction training designed to introduce trainees to the shipboard environment and safe working practices on
board ship or, where appropriate and practicable, pre-sea training courses which provide adequate training for the
duties regularly assigned to ratings of the deck, engine and catering departments, develop character and inculcate a
sense of self-discipline and responsibility should be available for young persons with no sea experience.
2. Suitable courses of instruction should also be provided to enable young persons of appropriate ability to prepare
themselves for statutory certificates or diplomas currently in effect in the merchant navy of their country in respect
of both officer and rating categories.
3. Training for upgrading and promotion should, among other means, be provided by short-term courses at nautical
schools and technical institutions and correspondence courses specially adapted to the needs of specific categories
of officers and ratings and to the grades to which they aspire.
E. Advanced Training
(1) Retraining, refresher, familiarisation and upgrading courses should be available as required for suitable officers
and ratings to enable them to increase and widen their technical skills and knowledge, to keep abreast of
technological changes, in particular in the development of automated ships, and to meet the requirements of new
methods of operations on board ship.
(2) Such courses may be used, for instance, to complement general courses and provide advanced specialised
training opening the way to promotion, as well as to provide advanced electronics courses for appropriate
personnel.
(3) Special attention should be given to the ability of masters, other officers and ratings to navigate and handle new
types of ships safely.
Where training would be facilitated thereby, shipowners should release suitable seafarers employed on board their
ships for training periods ashore, at appropriate schools, to enable them to improve their skills, learn to use new
techniques and equipment and qualify for promotion. Persons in a supervisory position on board ship should take
an active part in encouraging such training.

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F. Training Methods
1. The training methods adopted should be the most effective possible, having regard to the nature of the
instruction, the trainees' experience, general education and age, and the demonstration equipment and financial
resources available.
2. Practical training, requiring active participation of the trainees themselves, should be an important part of all
training programmes. It may be provided by assigning seafarers to merchant ships for periods of training at sea, to
engineering workshops or shipyards or to shipping company offices.
3. Training vessels used by training institutions should provide practical instruction in navigation, seamanship,
machinery operation and maintenance and other nautical subjects as well as comprehensive shipboard safety
education.
4. Appropriate demonstration equipment such as simulators, engines, boat models, ship equipment, life-saving
equipment, navigational aids and cargo gear should be used in training schemes. Such equipment should be
selected with reference to the shipboard machinery and equipment which the trainee may be called upon to use.
5. Films and other audio-visual aids should be used, where appropriate--
(a) as a supplement to, but not a substitute for, demonstration equipment in the use of which trainees take an
active part;
(b) as a primary training aid in special fields such as the teaching of languages.
6. Theoretical training and general education given as part of a training course should be related to the theoretical
and practical knowledge required by seafarers.
G. International Co-operation
1. Countries should co-operate in promoting the vocational training of seafarers. In some cases it may be of
particular value to do so on a regional basis.
2. In so doing they might collaborate with the International Labour Organisation and other international institutions,
in particular the Inter-Governmental Maritime Consultative Organization, or other countries--
(a) in recruiting and training teaching staff;
(b) in setting up and improving training facilities for officers and ratings;
(c) in setting up joint training facilities with other countries where necessary;
(d) in making training facilities available to selected trainees or instructor-trainees from other countries and in
sending trainees or instructor-trainees to other countries;
(e) in organising international exchanges of personnel, information and teaching materials, as well as international
seminars and working groups;
(f) in providing qualified and experienced instructors for maritime training schools in other countries.
Convention Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958) (No. 109)
The Convention lays down wage rates for able seaman and normal hours of works for officers and ratings when
the vessel is at sea, in port and on days or arrival and departure.
• Article 14
1. This Article applies to officers and ratings employed in the deck, engine room and radio departments of distant
trade ships.
2. When the vessel is at sea and on days of sailing and arrival, the normal hours of work of an officer or rating shall
not exceed eight hours in any one day.
3. When the vessel is in port, the normal hours of work of an officer or rating shall not exceed--
(a) on the weekly day of rest, such time not exceeding two hours as is necessary for ordinary routine and sanitary
duties;
(b) on other days, eight hours except where a collective agreement provides for less on any day.
4. Time worked in excess of the daily limits prescribed in the preceding paragraphs shall be regarded as overtime for
which the officer or rating shall be entitled to compensation in accordance with the provisions of Article 18 of this
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Convention.
5. When the total number of hours worked in a period of one week, excluding hours regarded as overtime, exceeds
forty-eight, the officer or rating shall be compensated by time off in port or otherwise as may be determined by
collective agreement between the organisations of shipowners and seafarers concerned.
6. National laws or regulations or collective agreements shall determine when a ship is to be regarded as being at
sea and when it is to be regarded as being in port for the purposes of this Article.
• Article 18
1. The rate or rates of compensation for overtime shall be prescribed by national laws or regulations or be fixed by
collective agreement, but in no case shall the hourly rate of payment for overtime be less than one-and-a-quarter
times the basic pay or wages per hour.
2. Collective agreements may provide for compensation by equivalent time off duty and off the vessel in lieu of cash
payment or for any other method of compensation.
• Article 19
1. The consistent working of overtime shall be avoided whenever possible.
2. Time spent in the following work shall not be included in normal hours of work or be regarded as overtime for
the purpose of this Part of this Convention:
(a) work that the master deems to be necessary and urgent for the safety of the vessel, cargo or persons on board;
(b) work required by the master for the purpose of giving assistance to other vessels or persons in distress;
(c) musters, fire, lifeboat and similar drills of the kind prescribed by the International Convention for the Safety of
Life at Sea for the time being in force;
(d) extra work for the purposes of customs or quarantine or other health formalities;
(e) normal and necessary work by officers for the determination of the position of the ship and for making
meteorological observations;
(f) extra time required for the normal relieving of watches.
3. Nothing in this Convention shall be deemed to impair the right and duty of the master of a vessel to require, or
the duty of an officer or rating to perform, any work deemed by the master to be necessary for the safe and
efficient operation of the vessel.
• Article 20
1. No person under the age of sixteen years shall work at night.
2. For the purpose of this Article, night means a period of at least nine consecutive hours between times before and
after midnight to be prescribed by national laws or regulations or collective agreements.
• Article 21
1. Every vessel to which this Convention applies shall be sufficiently and efficiently manned for the purposes of--
(a) ensuring the safety of life at sea;

(b) giving effect to the provisions of Part III ( Hours of work onboard) of this Convention; and
Provisions include food, water, oil, parts and equipment supplies.
(c) preventing excessive strain upon the crew and avoiding or minimising as far as practicable the working of
overtime.
2. Each Member undertakes to maintain, or to satisfy itself that there is maintained, efficient machinery for the
investigation and settlement of any complaint or dispute concerning the manning of a vessel.
3. Representatives of the organisations of shipowners and seafarers shall participate, with or without other persons
or authorities, in the operation of such machinery.

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Convention Concerning Vacation Holidays with Pay for Seafarers (Revised 1949) (No.91)
•Article 1
1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned,
engaged in the transport of cargo or passengers for the purpose of trade and registered in a territory for which this
Convention is in force.
2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels.
3. This Convention does not apply to--
(a) wooden vessels of primitive build such as dhows and junks;
(b) vessels engaged in fishing or in operations directly connected therewith or in sealing or similar pursuits;
(c) estuarial craft.
4. National laws or regulations or collective agreements may provide for the exemption from the provisions of this
Convention of vessels of less than 200 gross register tons.
• Article 3
1. Every person to whom this Convention applies shall be entitled after twelve months of continuous service to an
annual vacation holiday with pay, the duration of which shall be--
(a) in the case of masters, officers and radio officers or operators, not less than eighteen working days for each year
of service;
(b) in the case of other members of the crew, not less than twelve working days for each year of service.
2. A person with not less than six months of continuous service shall on leaving such service be entitled in respect
of each complete month of service to one and a half working days' leave in the case of a master, officer, or radio
officer or operator, and one working day's leave in the case of another member of the crew.
3. A person who is discharged through no fault of his own before he has completed six months of continuous
service shall on leaving such service be entitled in respect of each complete month of service to one and a half
working days' leave in the case of a master, officer, or radio officer or operator, and one working day's leave in the
case of another member of the crew.
4. For the purpose of calculating when a vacation holiday is due--
(a) service off articles shall be included in the reckoning of continuous service;
(b) short interruptions of service not due to the act or fault of the employee and not exceeding a total of six weeks
in any twelve months shall not be deemed to break the continuity of the periods of service which precede and
follow them;
(c) continuity of service shall not be deemed to be interrupted by any change in the management or ownership of
the vessel or vessels in which the person concerned has served.
• Article 4
1. When an annual vacation holiday is due it shall be given by mutual agreement at the first opportunity as the
requirements of the service allow.
2. No person may be required without his consent to take the annual vacation holiday due to him at a port other
than a port in the territory of engagement or a port in his home territory. Subject to this requirement, the vacation
holiday shall be given at a port permitted by national laws or regulations or collective agreement
• Article 5
1. Every person taking a vacation holiday in virtue of Article 3 of this Convention shall receive in respect of the full
period of the vacation holiday his usual remuneration.
2. The usual remuneration payable in virtue of the preceding paragraph, which may include a suitable subsistence
allowance, shall be calculated in a manner which shall be prescribed by national laws or regulations or fixed by
collective agreement.
• Article 6
Subject to the provisions of paragraph 7 of Article 3 any agreement to relinquish the right to an annual vacation
PNTC COLLEGES
holiday with pay, or to forgo such a vacation holiday, shall be void.
• Article 7
A person who leaves or is discharged from the service of his employer before he has taken a vacation holiday due to
him shall receive in respect of every day of vacation holiday due to him in virtue of this Convention the
remuneration provided for in Article 5.
Convention Concerning Annual Leave with Pay for Seafarers, 1976 (No. 146)
• Preamble
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its
Sixty-second Session on 13 October 1976, and
Having decided upon the adoption of certain proposals with regard to revision of the Paid Vacations (Seafarers)
Convention (Revised), 1949 (No. 91), in the light of, but not necessarily restricted to, the Holidays with Pay
Convention (Revised), 1970 (No. 132), which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention, adopts this twenty-
ninth day of October of the year one thousand nine hundred and seventy-six the following Convention, which may
be cited as the Seafarers' Annual Leave with Pay Convention, 1976:
• Article 3
1. Every seafarer to whom this Convention applies shall be entitled to annual leave with pay of a specified minimum
length.
2. Each Member which ratifies this Convention shall specify the length of the annual leave in a declaration appended
to its ratification.
3. The leave shall in no case be less than 30 calendar days for one year of service.
4. Each Member which has ratified this Convention may subsequently notify the Director-General of the
International Labour Office, by a further declaration, that it specifies annual leave longer than that specified at the
time of ratification
• Article 5
1. The manner in which the length of service is calculated for the purpose of leave entitlement shall be determined
by the competent authority or through the appropriate machinery in each country.
2. Under conditions to be determined by the competent authority or through the appropriate machinery in each
country, service off articles shall be counted as part of the period of service.
3. Under conditions to be determined by the competent authority or through the appropriate machinery in each
country, absence from work to attend an approved maritime vocational training course or for such reasons beyond
the control of the seafarer concerned as illness, injury or maternity shall be counted as part of the period of service.
• Article 8
1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of
one year together with a subsequent period of leave, may be authorized by the competent authority or through the
appropriate machinery in each country.
2. Subject to paragraph 1 of this Article and unless otherwise provided in an agreement applicable to the employer
and the seafarer concerned, the annual leave with pay prescribed by this Convention shall consist of an
uninterrupted period. Annual leave can be cancelled or recalled in cases of emergency with due notice given to the
seafarer and the administration.
• Article 10
1. The time at which the leave is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration
award or other means consistent with national practice, be determined by the employer after consultation and, as
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far as possible, in agreement with the seafarer concerned or his representatives.

2. No seafarer shall be required without his consent to take annual leave due to him at a place other than that
where he was engaged or recruited, whichever is nearer his home, except under the provisions of a collective
agreement or of national laws or regulations.
3. If a seafarer is required to take his annual leave from a place other than that permitted by paragraph 2 of this
Article, he shall be entitled to free transportation to the place where he was engaged or recruited, whichever is
nearer his home, and subsistence and other costs directly involved in his return there shall be for the account of the
employer; the travel time involved shall not be deducted from the annual leave with pay due to the seafarer.
Convention Concerning the Repatriation of Seamen, 1926 (No.23)
• Article 1
1. This Convention shall apply to all sea-going vessels registered in the country of any Member ratifying this
Convention, and to the owners, masters and seamen of such vessels.
2. It shall not apply to--
(a) ships of war,
(b) Government vessels not engaged in trade,
(c) vessels engaged in the coasting trade,
(d) pleasure yachts,
(e) Indian country craft,
(f) fishing vessels,
(g) vessels of less than 100 tons gross registered tonnage or 300 cubic metres, nor to vessels engaged in the home
trade below the tonnage limit prescribed by national law for the special regulation of this trade at the date of the
passing of this Convention.
• Article 2
For the purpose of this Convention the following expressions have the meanings hereby assigned to them, viz.:
• the term vessel includes any ship or boat of any nature whatsoever, whether publicly or privately owned,
ordinarily engaged in maritime navigation;
• the term seaman includes every person employed or engaged in any capacity on board any vessel and entered on
the ship's articles. It excludes masters, pilots, cadets and pupils on training ships and duly indentured apprentices,
naval ratings, and other persons in the permanent service of a Government;
• the term master includes every person having command and charge of a vessel except pilots;
• the term home trade vessel means a vessel engaged in trade between a country and the ports of a neighbouring
country within geographical limits determined by the national law.
• Article 3
1. Any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken
back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as
shall be determined by national law, which shall contain the provisions necessary for dealing with the matter,
including provisions to determine who shall bear the charge of repatriation.
2. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on
board a vessel proceeding to one of the destinations prescribed in accordance with the foregoing paragraph.
3. A seaman shall be deemed to have been repatriated if he is landed in the country to which he belongs, or at the
port at which he was engaged, or at a neighbouring port, or at the port at which the voyage commenced.
4. The conditions under which a foreign seaman engaged in a country other than his own has the right to be
repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of
agreement. The provisions of the preceding paragraphs shall, however, apply to a seaman engaged in a port of his
own country.

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• Article 4
The expenses of repatriation shall not be a charge on the seaman if he has been left behind by reason of—
(a) injury sustained in the service of the vessel, or
(b) shipwreck, or
(c) illness not due to his own wilful act or default, or
(d) discharge for any cause for which he cannot be held responsible.
• Article 5
1. The expenses of repatriation shall include the transportation charges, the accommodation and the food of the
seaman during the journey. They shall also include the maintenance of the seaman up to the time fixed for his
departure.
2. When a seaman is repatriated as member of a crew, he shall be entitled to remuneration for work done during
the voyage.
Remuneration packages generally describes as a reward for employment. This can be expressed in:
pay/salary/wage, allowances, benefits, bonuses, cash.
• Article 6
The public authority of the country in which the vessel is registered shall be responsible for supervising the
repatriation of any member of the crew in cases where this Convention applies, whatever may be his nationality,
and where necessary for giving him his expenses in advance.
EVALUATE
1. How many working hours is allowed during weekly day of rest in Article 14 in the Convention Concerning Wages,
Hours of Work on Board Ship and Manning (Revised 1958) (No. 109) as mentioned on the Intended Learning
Outcome No. 8?
2. Define “night” as per Article 20 of the Convention Concerning Wages, Hours of Work on Board Ship and Manning
(Revised 1958) (No. 109), as mentioned on the Intended Learning Outcome No. 12?
3. What are the benefits when ships are sufficiently and efficiently manned in Article 21 of the Convention
Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958) (No. 109), as mentioned on the
Intended Learning Outcome No. 13?
4. Explain the right of a discharged crewmember who has not committed any fault in Article 3 of the Convention
Concerning Vacation Holidays with Pay for Seafarers (Revised 1949) (No.91), as mentioned on the Intended Learning
Outcome No. 16?
5. What are considered as continuity of service even though he was absent and not able to perform the job in Article
5 of the Convention Concerning Annual Leave with Pay for Seafarers, 1976 (No. 146), as mentioned on the Intended
Learning Outcome No. 22?
6. Define for the purpose of the Convention Concerning the Repatriation of Seamen, 1926 (No.23):
a) vessel
b) seaman
c) master
d) home trade vessel
As defined on Intended Learning Outcome No. 26.
7. Describe the seaman’s right to be taken back to his own country in Article 3 of the Convention Concerning the
Repatriation of Seamen, 1926 (No.23), as stated on the Intended Learning Outcome No. 27.
8. Describe the seaman deemed to have been duly repatriated in Article 3 of the of the Convention Concerning the
Repatriation of Seamen, 1926 (No.23), as stated on the Intended Learning Outcome No. 28.
9. Describe the expenses to be shouldered by the company to the repatriating seaman and the compensation that
he has to receive in Article 5 of the Convention Concerning the Repatriation of Seamen, 1926 (No.23), as stated on
the Intended Learning Outcome No. 30.
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10. What are the objectives of the Vocational Training for Seafarers, as stated on the Intended Learning Outcome
No. 6?
11. Explain the organization and coordination in planning a vocational training for seafarers, as mentioned on the
Intended Learning Outcome No. 7.
12. Describe the financing of the vocational training for seafarers, as mentioned on the Intended Learning Outcome
No. 7.
13. Describe the training standards of the vocational training for seafarers, as mentioned on the Intended Learning
Outcome No. 7.
14. Describe the training programs of the vocational training for seafarers, as mentioned on the Intended Learning
Outcome No. 7.
15. Describe the advance training of the vocational training for seafarers, as stated on the Intended Learning
Outcome No. 7.
16. Describe the training methods of the vocational training for seafarers, as mentioned on the Intended Learning
Outcome No. 7.
17. Describe the international cooperation of the vocational training for seafarers, as stated on the Intended
Learning Outcome No. 7.
18. What are the situations in which the seaman shall not be charged of repatriation expenses if he has been left
behind in Article 4 of the Convention Concerning the Repatriation of Seamen, 1926 (No.23), as stated on the
Intended Learning Outcome No. 29?
19. What should the seafarers entitled to receive when they work in excess of the daily limits according to Article 14
of the Convention Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958) (No. 109), as stated
on the Intended Learning Outcome No. 8?
20. What is prescribed by the national laws or regulations concerning with the overtime works of seafarers in
Article 18 of the Convention Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958) (No.
109), as stated on the Intended Learning Outcome No. 9?
21. What makes an agreement void in Article 6 of the Convention Concerning Vacation Holidays with Pay for
Seafarers (Revised 1949) (No.91), as stated on the Intended Learning Outcome No. 19?
22. What shall be received by a person
In respect to the full period of vacation holiday in Article 5 of the Convention Concerning Vacation Holidays with Pay
for Seafarers (Revised 1949) (No.91), as stated on the Intended Learning Outcome No. 18?
23. Who is responsible for supervising the repatriation of any crewmember in Article 6 of the of the Convention
Concerning the Repatriation of Seamen, 1926 (No.23), as stated on the Intended Learning Outcome No. 32?
24. What are the works that cannot be considered as overtime in Article 19 of the Convention Concerning Wages,
Hours of Work on Board Ship and Manning (Revised 1958) (No. 109), as stated on the Intended Learning Outcome
No. 10?
EXTEND
1. Convention Concerning Vacation Holidays with Pay for Seafarers (Revised 1949) (No.91) and Convention
Concerning Annual Leave with Pay for Seafarers, 1976 (No. 146) are about your rights and privileges. Summarize the
rights and privileges so that you have the idea and you know your rights when you work on ship.
2. Convention Concerning Wages, Hours of Work on Board Ship and Manning (Revised 1958) (No. 109) are about
your working hours, excess working hours or overtime and rest hours. Summarize your rights so that you would
know if there is abuse or unfair labor practice on the ship.

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References:
Julia Kagan (Investopidia), Wikipedia, Aldo Chircop (www.researchgate.net), en.wikipedia.org, www.ics-

shipping.org., www.un.org., imo.org., scholarly commons law.hofstra edu., safety4sea.com., commons.wmu.se.,
opil.ouplaw.com., legal-dictionary.the freedictionary.com., www.aastedu., MySea Time. www.marineinsight.com/
www.jsmqa.or.jp/Notice/Lifeboat/SOLAS_III_Reg20., www.iadclexicon.org/survival-craft-2,. marinegyaan.com.,
https://assets.publishing.service.gov.uk/government., https://cil.nus.edu.sg/
http://solasv.mcga.gov.uk/regulations., https://cultofsea.com/gmdss/gmdss-watches-to-maintain-at-sea.,
https://sedac.ciesin.columbia.edu/., www.jus.uio.no/english/services/library/treaties
http://library.arcticportal.org/1700/1/Athens_convention_compilation.pdf
https://law.resource.org/ ttps://assets.publishing.service.gov.uk,. https://britishmarine.co.uk/,.
http://researchpaperbytigerlook17.blogspot.com/,. https://navsregs.wordpress.com/,.
www.who.int/csr/ihr/ihr1969., www.gard.no/Content., https://cil.nus.edu.sg/
Revision Status:
MOD LAW 306(12)

Rev.: 01
Issue Date:
Sept. 3, 2021


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PNTC COLLEGES

Zone III, Lt. Cantimbuhan St. Poblacion, Dasmariñas City

COLLEGE OF MARITIME EDUCATION

COURSE CODE LAW 306 PRE-REQUISITE NONE

MODULE 12 (WEEK 12)

The students shall be able to:

1. define for the purposes of these regulations:

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

39. explain that arrival procedures may be expedited by:

EXPLAIN AND ELABORATE

Convention concerning the Certification of Able Seamen, 1946 (No. 74)

(c) he has passed an examination of proficiency to be prescribed by the competent authority.

Recommendation Concerning Vocational Training of Seafarers (Recommendation No. 137)

A. ORGANIZATION AND CO-ORDINATION

of the country concerned;

General Training Schemes for Seafarers

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

(a) ensuring the safety of life at sea;

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

holiday with pay, or to forgo such a vacation holiday, shall be void.

far as possible, in agreement with the seafarer concerned or his representatives.

Convention Concerning the Repatriation of Seamen, 1926 (No.23)

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

Julia Kagan (Investopidia), Wikipedia, Aldo Chircop (www.researchgate.net), en.wikipedia.org, www.ics-

MOD LAW 306(12)

Form No. BPM2-CME 20 F-009 LAW 306(Module 12)

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