Introduction
Shipping contracts are heavily dependent on the seaworthiness of a vessel. Therefore, as a shipowner, it is crucial to understand the legality of the term and what it means. This can either make or break your venture.
Here are some reasons why you must take special care to understand the legal meaning of the term seaworthiness.
- Being unseaworthy is a huge liability. It opens up the possibility of damaging the goods, which can affect the quality of your task.
- Seaworthiness also affects the quality of your insurance coverage. In other words, if you get the clause wrong, you might lose out on the claim.
- Finally, seaworthiness also has a huge regulatory impact. If your ship fails to meet regulatory requirements, you can land in many legal troubles.
As you can see, the seaworthiness of a vessel is not just a fancy term used by maritime professionals. It is a real and important parameter that can have long-standing effects on your business venture. Hence, do not rush the process of understanding the term. Stick around till the end and it will be worth it.
Understanding Seaworthiness of The Vessel
Before we can delve deep into the topic to understand the legality of the term “seaworthiness,” we need to understand the fundamentals of the terms, like what they mean. In simplest terms, the seaworthiness of a vessel means that the ship can sail from one location to another without capsizing.
This is the basic meaning of the term. However, understanding its legality is a different matter. Different countries have their unique iteration of the term. Hence, we will focus on the general points highlighted by the Hague Rules and Hague-Visby Rules.
Hague Rules & Hague-Visby Rules dictate the maritime laws of international waters. Therefore, following it can help you understand the basic premise of the term. As per Hague Rules & Hague-Visby Rules, a ship should be seaworthy at the beginning of the voyage.
The laws regarding the term seaworthiness of a vessel are clear. However, it does not exercise any mandatory requirement that a shipowner needs to provide proof of their vessel’s efficiency. They are simply expected to exercise due diligence and ensure the ship is safe.
Meanwhile, English Maritime Laws take a stricter stance on cases related to seaworthiness of vessels. The McFadden v. Blue Star Lin (1905) highlighted the need for clarity on the term. Here is what the court decided the term’s legal meaning:
- Built, equipped and maintained as per safety regulations.
- The crew must have formal knowledge or a degree that enables them to crew the vessel effectively.
- The ship should be capable of taking on the decided cargo and the route.
In other words, the shipworthiness is not something you need to tick off before sailing. It is an important clause that binds the shipowner to the legal obligation of the term. In other words, as a shipowner, it is your responsibility that the vessel remains shipworthy. Otherwise, you will be the one who will face the music.
Subsequently, the SOLAS or Safety of Life at Sea clause contributes to the legal obligation of the term. Even though SOLAS does not define the term explicitly, however, it does contribute to the grand scheme of things.
For example, the vessel must fulfill all the maritime safety requirements, such as having an optimal number of lifeboats, a meticulous passage plan, and the ability to handle any unforeseen malfunction. If these clauses are not met, the ship is deemed unseaworthy.
Hence, the overall clause of seaworthiness is literally like an iceberg. There is always more that meets the eye. So, let’s get deeper into the subject.
Legal vs Practical Seaworthiness of your Vessel
One interesting fact: even if your ship seems seaworthy and fulfills all the categories meticulously. However, it can still not be legally seaworthy. Therefore, understanding the term is not as easy as you might have initially thought.
For example: you might have a vessel that is seaworthy on paper. However, the ship is crewed by an untrained novice captain and has few or no life jackets. This makes it legally unseaworthy. In the meantime, a ship that has a serious mechanical fault but follows the SOLAS clause down to the very T. In the eyes of maritime laws, the vessel is unseaworthy.
Therefore, being seaworthy is not related to just one clause. It is a conglomeration of the following points:
If any points are missing, your vessel will be seen as unseaworthy.
Due Diligence vs. Seaworthiness
As we have already stated earlier, shipowners are not under any lgal obligation to guarantee a ship’s seaworthiness. Instead, they are expected to exercise due diligence in examining the ship’s capability to sail. Here is a detailed look into what the term ‘due diligence’ stands over here.
In simple terms, the shipowner needs to make a list of all the checks that needs to be completed before setting sail. This means, every small aspect needs to be chccked including the technical aspect the guidelines set by the SOLAS clause, as well as keeping a detailed track of the route.
If a shipowner claims that he has exercised due diligence and the ship runs into a mishappening, then the owner or the person who checked the seaworthiness of the vessel will be liable for the damage of life and goods.
Back in 2021, a ship ran into some trouble due to poor route selection. The inaccurate plan of passage resulted the vessel to run aground. The court decided that the this inadequate passage plan made the ship unseaworthy. Even though, there were no physical faults that could have been detected.
Therefore, the key takeaway of the whole point is that the term ‘due diligence’ is not something you can throw around casually. As a maritime professional, you need to understand the gravitas of the term and how it encapsulates the technical as well as the safety part of the conversation.
However, there are cases where the shipowners were provided some benefit of doubt. For example, The Eurasian Dream lawsuit (2002) of the English Judiciary system saw something similar. In the case, engine cooling system malfunctioned and this damaged the good. However, the owner argued that he had performed the routine checks and found no signs of any sort technical fault.
In the case the outcome was wildly different. However, that does not mean that you could walk scot-free. The current laws are stricter and maintain a singular point that every technical fault is detectable and owners need to follow a thorough checklist.
The Final Thought
In international waters, one small incident could lead to major loss of life and property. Therefore, you as shipowner, have to check and double-check everything that can cause delay or breakdown. In fact, it your legal onus. Otherwise, you are opening yourself for lawsuit and face stringent charges or penalty.
However, if you have made the mistake and managed to land yourself in a lawsuit, you do not need to panic. Instead, take a moment and connect with a professional since maritime laws can be a complex landscape to navigate. ParrisWhittaker maritime law attorney can help you with that as they have years of experience in the matter and can provide you with the right solution.