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»	Cruise Talk » Technically Speaking » solas convention efficiency or defficiency

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Topic: solas convention efficiency or defficiency

annasttasiaaa
Just Boarded
Member # 5703

posted 07-04-2005 07:46 AM

Are there too many regulations? Recently a tall tanker captain was photographed alongside a pile of regulations that was higher than he was. It was a telling commentary!

what happeneds if a country dones not change it's domestic maritime regulation in accordance with solas ?

how to protect solas convention by sanctions?

is there any legal aspects to the solas convention?

[ 07-04-2005: Message edited by: annasttasiaaa ]

Posts: 6 | From: paris | Registered: May 2005 | IP: Logged

Onno
First Class Passenger
Member # 3071

posted 07-04-2005 08:42 AM

I wonder myself how the power of SOLAS works and who has granted them authority and the leadership. What if (hypothetically) they come up with a rule that would cost many jobs in a country and thus the economy to go bad, can a country ignore those rules? I know that the USA has ignored world wide rules for national security sake or because they were not good for national economy.

If I’m not mistaking countries that live by the SOLAS regulations can confiscate a ship and arrest the crew of a ship that has breached the SOLAS regulations. So I think the power of SOLAS comes from the “big brother is watching you” technique.

Posts: 3583 | From: the Netherlands (Berenbotje ging uit varen...) | Registered: May 2002 | IP: Logged

Ernst
First Class Passenger
Member # 5369

posted 07-04-2005 09:07 AM

...and don`t forget that you need an insurance for your ship.

Posts: 9746 | From: Eindhoven | Registered: Jan 2005 | IP: Logged

annasttasiaaa
Just Boarded
Member # 5703

posted 07-04-2005 10:13 AM

I also think that the governments international liability by signing the convention would play a very big role but I dont have a clue either what might be the other means used by IMO or stipulated in the comvention ?!

Posts: 6 | From: paris | Registered: May 2005 | IP: Logged

Onno
First Class Passenger
Member # 3071

posted 07-04-2005 11:04 AM

quote:
Originally posted by Ernst:
...and don`t forget that you need an insurance for your ship.

Oh yes there is THAT too!

Posts: 3583 | From: the Netherlands (Berenbotje ging uit varen...) | Registered: May 2002 | IP: Logged

Norfolk Boy
First Class Passenger
Member # 5387

posted 07-08-2005 04:14 AM

SOLAS is "written" by the IMO - International Maritime Organisation, which is a branch of the UN based in London. Every ammendment to SOLAS is reached after a long, sometimes very long, negotiating process at IMO by the various countries who attend (All the major ship owning nations).
You often find, that if a new safety measure will cost the shipowners of one country a lot of money to implement, that it is opposed strongky by that country at IMO and stalls, or has many years before it comes into effect. (The only exception to this was the ISPS code that was rushed through after 9/11 and came into effect after less than 3 years).
Once a convention or ammendment has been agreed by the IMO, it will only become efective when sufficient countries sign up to implement it. This number is usually a percentage of the world fleet, for example countries that own 50% of the worlds fleet must agree.
Although SOLAS is the convention, it is actually enforced by being written into the laws of individual countries. Again, for example, QM2 is bound by UK law regarding safety equipment. UK law includes all safety regulations from SOLAS. The UK government (Flag State) are responsible (through the MCA) for ensuring that this is the case. UK law also has some seperate requirements that only apply to UK flagged ships.
SOLAS is also enforced by the governments in the various ports that a ship visits (Port State). Various countires in regions aroound the world have made agreements that they will inspect a percentage of the ships that arrive in their ports to make sure that they are safe. Europe is one group (plus Canada), the Far East has a group as does teh Indian Ocean and South America. One of the few countries that is not a part of the inspection system, preferring to do their own thing, is the USA.

The advantage of Port State inspections is that ship's are registered in many small places thes days, such as St Vincent and the Grenadines, the Kerguelen Islands, Kiribati and so on, who do not have the resources or knowledge to inspect their own ships, (but are happy to accept the taxes generated without asking too many questions). If these ships are substandard it should be noticed during the port state inspection. If teh defect is serious enough, that in the inspectors view it could risk teh ship sinking or cause the death or serious injury of a crew member, they can detain the ship in port until repairs have been made.
High risk flag ships and ship types are often targetted by inspectors for this reason.
Over recent years, becuase it is very hard for a country (e.g. Spain) to bring a shipping company from another country to court (e.g. the owners of the tanker Prestige) and even more difficult to hold another country responsible (Russia) there has been an increasing trend to arrest ship's crew or Captain and hold them in jail until the desired result is achieved from either the shipping company, the government, or in pollution cases the insurance company.

Posts: 28 | From: Miami | Registered: Jan 2005 | IP: Logged

annasttasiaaa
Just Boarded
Member # 5703

posted 07-10-2005 02:08 PM

very imformative Norfolk Boy thanks

Posts: 6 | From: paris | Registered: May 2005 | IP: Logged

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