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International Tonnage Convention, 1969

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International Tonnage Convention

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Page 1: International Tonnage Convention

International Tonnage

Convention, 1969

Page 2: International Tonnage Convention

International Tonnage Convention

n Aimed at achieving a unified system of tonnage measurement.

n Provides more meaningful tonnage figures than those derived fromearlier systems.

n Does not involve any special tonnage units (such as “tons”,“gross tons” or “net tons”), with the consequence that the valuesobtained are simply a “gross tonnage” and a “net tonnage”(without units).

n Requires that ships of Convention countries are issued with anInternational Tonnage Certificate (1969) certifying their gross and nettonnages as measured under the 1969 system.

Page 3: International Tonnage Convention

International Tonnage ConventionGross tonnage :

• is expressed as a whole number, without any unit, e.g. “Gross tonnage:8756”.• is a realistic indication of the ship’s size based on the moulded volume ofthe entire ship (hull plus erections and all enclosed spaces) withoutdeductions, exemptions or special allowances.• is used mainly in the compilation of statistics.

Net tonnage:• is expressed as a whole number, without any unit, e.g. “Net tonnage:3367”.• is a general indication of the ship’s earning capacity, derived from aformula based on the moulded volume of the cargo spaces, the number ofpassengers carried, the moulded depth of the ship and the summerdraught.• is used by many authorities as the basis for charging dues, e.g. lightdues, port charges and canal dues.

Page 4: International Tonnage Convention

International Tonnage Convention

"international voyage" means a sea voyage from a country to which the presentConvention applies to a port outside such country, or conversely.

"gross tonnage" means the measure of the overall size of a ship determined inaccordance with the provisions of the present Convention.

"net tonnage" means the measure of the useful capacity of a ship determined inaccordance with the provisions of the present Convention.

"new ship" means a ship the keel of which is laid, or which is at a similar stage ofconstruction, on or after the date of coming into force of the presentConvention;

"existing ship" means a ship which is not a new ship;

Page 5: International Tonnage Convention

International Tonnage ConventionApplication

n The present Convention shall apply to the following ships engaged on

international voyages;

(a) ships registered in countries the Governments of which are ContractingGovernments;

(b) ships registered in territories to which the present Convention isextended under Article 20; and

(c) unregistered ships flying the flag of a State, the Government of which isa Contracting Government.

Page 6: International Tonnage Convention

International Tonnage ConventionTonnage measurement:

1. A ship must be measured by a surveyor appointed by a Certifying Authority.

2. Gross and net tonnages must be determined.

3. All measurements used in the calculations of volumes must be taken andexpressed in metres to the nearest one hundredth of a metre.

4. Gross and net tonnages must be expressed as whole numbers, decimals beingrounded off downwards.

5. Allvolumes included in the calculation of gross and net tonnages will bemeasured, irrespective of the fitting of insulation or the like, to the inner side ofthe shell or structural boundary plating in ships constructed of metal, and to theouter surface of the shell or to the inner side of the structural boundary surfacesin ships constructed of any other material.

6. Volumes of appendages must be included in the total volume , Volumes ofspaces open to the sea must be excluded from the total volume.

Page 7: International Tonnage Convention

International Tonnage ConventionInternational Tonnage Certificate (1969):

n The Certifying Authority will issue to the owner an International TonnageCertificate (1969) in the form set out in the Convention.

n The official number of the ship must be included as a distinctive number.

n is valid until any alteration is made in the form or capacity of the ship or it isdiscovered that the tonnage of the ship has been erroneously computed.

n Cannot be issued before a tonnage measurement survey is held.

n Gross tonnage and net tonnage are printed on the front of the certificate, inwhole numbers.

n On the back is a list of all spaces included in the tonnage (gross and net).

n Details shown on the back are: Main dimensions; Gross Tonnage; NetTonnage; name, location & length of spaces included in gross tonnage and nettonnage; date & place of original measurement and of last previousremeasurement.

Page 8: International Tonnage Convention

International Tonnage ConventionSuez Canal Special Tonnage Certificate:

n Suez Canal tolls are charged by the Suez Canal Authority and are based on

the ship’s Suez net tonnage, as measured under the Authority’s Rules

(which are called “the Rules adopted by the International Tonnage

Commission at Constantinople”) and shown on a Suez Canal Special

Tonnage Certificate.

n A Suez Canal Special Tonnage Certificate may be issued by an authorised

classification society following a measurement survey conducted in

accordance with the Canal Authority’s rule.

n Must be produced for inspection by the Canal Authority on every arrival at

a Suez Canal entrance.

n Is valid until any change in dimensions used in the tonnage measurements.

Page 9: International Tonnage Convention

International Tonnage ConventionSuez Canal Special Tonnage Certificate:

n Suez Canal tolls are charged by the Suez Canal Authority and are based on

the ship’s Suez net tonnage, as measured under the Authority’s Rules

(which are called “the Rules adopted by the International Tonnage

Commission at Constantinople”) and shown on a Suez Canal Special

Tonnage Certificate.

n A Suez Canal Special Tonnage Certificate may be issued by an authorised

classification society following a measurement survey conducted in

accordance with the Canal Authority’s rule.

n Must be produced for inspection by the Canal Authority on every arrival at

a Suez Canal entrance.

n Is valid until any change in dimensions used in the tonnage measurements.

Page 10: International Tonnage Convention

International Tonnage Convention

n Cancellation of certificaten An International Tonnage Certificate (1969) shall cease to be valid and

shall be cancelled by the Administration if alterations have taken placein the arrangement, construction, capacity, use of spaces, total numberof passengers the ship is permitted to carry as indicated in the ship'spassenger certificate, assigned load line or permitted draught of theship, such as would necessitate an increase in gross tonnage or nettonnage.

n A certificate issued to a ship by an Administration shall cease to bevalid upon transfer of such a ship to the flag of another State, exceptas provided in paragraph (3) of this Article.

Page 11: International Tonnage Convention

International Tonnage Conventionn Inspectionn A ship flying the flag of a State the Government of which is a

Contracting Government shall be subject, when in the ports of otherContracting Governments, to inspection by officers duly authorized bysuch Governments.

n Such inspection shall be limited to the purpose of verifying:

(a) that the ship is provided with a valid International TonnageCertificate (1969); and

(b) that the main characteristics of the ship correspond to the datagiven in the certificate.

(2) In no case shall the exercise of such inspection cause any delay tothe ship.

Page 12: International Tonnage Convention

SPECIAL TRADE PASSENGER

SHIPS AGREEMENT

STP 1971

Page 13: International Tonnage Convention

STP 1971SPECIAL TRADE PASSENGER SHIPS AGREEMENT, 1971

(STP 71)

n It deals with safety requirements for large numbers ofunberthed passenger on ships dedicated to special tradessuch as the pilgrim trade, especially in the sea areaaround the Indian Ocean. This trade was regulated by theSimla Rules of 1931, which became outdated after SOLAS48 and SOLAS 60.

Page 14: International Tonnage Convention

STP 1971PROTOCOL ON SPACE REQUIREMENTS FOR SPECIAL

TRADE PASSENGER SHIPS, 1973

n Following a resolution of the STP Conference, IMOand WHO drew technical rules for safety aspects forpassenger in such ships, that was the base for theProtocol. The space requirements in these ships havea direct bearing on the safe carriage of this kind ofpassengers.

Page 15: International Tonnage Convention

Athens Convention

Carriage of Passengers and their

Luggage by Sea

PAL 1974

Page 16: International Tonnage Convention

PAL 1974

ApplicationThis Convention shall apply to any international carriage if:

(a) the ship is flying the flag of or is registered in a State Party tothis Convention, or

(b) the contract of carriage has been made in a State Party to thisConvention, or

(c) the place of departure or destination, according to the contract ofcarriage, is in a State Party to this Convention.

Page 17: International Tonnage Convention

PAL 1974

n Convention relating to the Carriage of Passengers andtheir Luggage by Sea, 1974

n Establishes liability regime for damage suffered by passengers carried ona seagoing vessel.

n Makes carrier liable for damage or loss suffered by a passenger if theincident causing the damage occurred in the course of the carriage andwas due to the fault or neglect of the carrier. Unless carrier acted withintent to cause such damage, or recklessly and with knowledge that suchdamage would probably result, he can limit his liability. Sets limits ofcarrier’s liability.

Page 18: International Tonnage Convention

PAL 1974

n The carrier shall be liable for the damage suffered asa result of the death of or personal injury to apassenger and the loss of or damage to luggage ifthe incident which caused the damage so sufferedoccurred in the course of the carriage and was due tothe fault or neglect of the carrier or of his servants oragents acting within the scope of their employment.

Page 19: International Tonnage Convention

Collision 1910

International Convention for the

Unification of Certain Rules of

Law Related to Collision

between Vessels, 1910

Page 20: International Tonnage Convention

International Convention for the Unification of Certain Rules of Law Related to Collision

between Vessels, 1910

n If the collision is accidental, if it is caused by force majeure, or ifthe cause of the collision is left in doubt, the damages are borne bythose who have suffered them.

n If the collision is caused by the fault of one of the vessels, liabilityto make good the damages attaches to the one which hascommitted the fault.

n If two or more vessels are in fault the liability of each vessel is inproportion to the degree of the faults respectively committed.Provided that if, having regard to the circumstances, it is notpossible to establish the degree of the respective faults, or if itappears that the faults are equal, the liability is apportioned equally.

Page 21: International Tonnage Convention

International Convention for the Unification of Certain Rules of Law Related to Collision

between Vessels, 1910

n In respect of damages caused by death or personal injuries, thevessels in fault are jointly as well as severally liable to thirdparties, without prejudice however to the right of the vesselwhich has paid a larger part than that which, in accordance withthe provisions of the first paragraph of this Article, she oughtultimately to bear, to obtain a contribution from the other vesselor vessels in fault.

n The liability imposed by the preceding Articles attaches in caseswhere the collision is caused by the fault of a pilot, even whenthe pilot is carried by compulsion of law.

Page 22: International Tonnage Convention

International Convention for the Unification of Certain Rules of Law Related to Collision

between Vessels, 1910

n After a collision, the master of each of the vessels in collision is bound,so far as he can do so without serious danger to his vessel, her crewand her passengers, to render assistance to the other vessel, her crewand her passengers.

n He is likewise bound so far as possible to make known to the othervessel the name of his vessel and the port to which she belongs, andalso the names of the ports from which she comes and to which she isbound.

n A breach of the above provisions does not of itself impose any liabilityon the owner of a vessel.

Page 23: International Tonnage Convention

International Convention for the Unification of Certain Rules of Law Related to Collision

between Vessels, 1910n Statutory duties following collision

n In every case of collision between two ship, it will be the duty of the

master of each ship, if and so far as he can do so without danger to his

own ship, crew and passengers, if any:

1- To render to the other ship, its master, crew and passengers (if any)

such assistance as may be practicable, and may be necessary to save

them from any danger caused by the collision (section 92(1)(a));

2- To stay by the other ship until he has ascertained that it has no need

of further assistance (section 92(1)(a)); and

3- To give to the master of the other ship the name of his own ship and

also the names of the ports from which it comes and to which it is

bound.

Page 24: International Tonnage Convention

International Convention for the Unification of Certain Rules of Law Related to Collision

between Vessels, 1910

n Non-statutory duties following a collision or other casualty

n The master should always act in the best interests of the shipowner andthe owners of any cargo on board.

n The master should always obtain the assistance and advice of the P&Iclub’s local correspondent. P&I clubs are expert in loss preventionprocedures and will always suggest appropriate ways to safeguard theowner’s interests and limit his liability.

n Following a collision, and after rendering assistance, etc. the mastershould:• inform the owner or manager, as appropriate; and

• inform the P&I club’s local correspondent, who will advise on the best action totake in the owner’s interest in the circumstances.

* Generally, liability should never be admitted to any other party.

Page 25: International Tonnage Convention

LLMC 1976

Convention on Limitation of

Liability for Maritime Claims

(LLMC 1976)

Page 26: International Tonnage Convention

IRISL MARITIME TRAINING INSTITUTE ٢٦

(LLMC), 1976

Adoption: 19 November 1976, Entry into force: 1December 1986

The Convention covers liability of ships for two

types of claims - claims for loss of life or personal

injury, and property claims (such as damage to

other ships, property or harbor works) .

Page 27: International Tonnage Convention

LLMC 1976n Specifies limits of liability for claims for loss of life or personal

injury, and property claims (such as damage to other ships,

property or harbour works).

n Limitation amounts are expressed in terms of “units of

account”, each unit being equivalent in value to the Special

Drawing Right (SDR) as defined by the International Monetary

Fund (IMF).

n For personal claims, liability for ships not exceeding 500 tons is

limited to 330,000 SDR (equivalent to around US$422,000).

Page 28: International Tonnage Convention

LLMC 1976n For larger ships, additional amounts are based on a

tonnage scale. Provides for a virtually unbreakable

system of limiting liability. Declares that a person will

not be able to limit liability only if "it is proved that

the loss resulted from his personal act or omission,

committed with the intent to cause such a loss, or

recklessly and with knowledge that such loss would

probably result".

Page 29: International Tonnage Convention

LLMC 1976n Persons entitled to limit liability

Shipowners and salvors, as hereinafterdefined, may limit their liability in accordancewith the rules of this Convention for claimsset out in Article 2.

Page 30: International Tonnage Convention

LLMC 1976n Claims subject to limitation

(a) claims in respect of loss of life or personal injury or loss of or damage toproperty (including damage to harbour works, basins and waterways and aids tonavigation), occurring on board or in direct connexion with the operation of theship or with salvage operations, and consequential loss resulting therefrom;

n (b) claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

n (c) claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;

Page 31: International Tonnage Convention

LLMC 1976n Claims excepted from limitationn (a) claims for salvage, including, if applicable, any claim for special

compensation under Article 14 of the International Convention onSalvage 1989, as amended, or contribution in general average;

n (b) claims for oil pollution damage within the meaning of theInternational Convention on Civil Liability for Oil Pollution Damage,dated 29 November 1969 or of any amendment or Protocol theretowhich is in force;

n c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;