Safety of Navigation and Collisions
Part VI of the Law gives effect to COLREGS and those aspects of SOLAS that deal with safety of navigation. These cover aids to navigation, charts and publications, navigational equipment to be carried onboard ship, dangers to navigation and related reporting requirements.
Part VI also addresses the collision and distress aspects of the SOLAS Convention, COLREGS Convention and the 1910 Brussels Convention on Collision Liability (Collision Convention).
SOLAS
The principles of the SOLAS Convention are addressed in Part VII. In dealing with the whole subject matter, Cayman Islands’ legislation has been drafted in a manner quite different from the UK approach. In the Cayman Islands, much has been consolidated into principal legislation, especially the SOLAS survey and certification requirements. In the UK, most of the substantive law is promulgated through statutory instruments with a tertiary level of shipping notices.
Part VII gives effect to the International Safety Management (“ISM”) Code with details promulgated in regulations. Part X addresses the principal elements of carriage of bulk cargoes, including grain, deck cargoes and dangerous cargoes. Effect is given to the International Maritime Dangerous Goods (IMDG) Code. There is also provision for the implementation of the harmonised system of surveys and certification.
Part XI addresses the topic of “unsafe ships” which incorporates the notion of what was previously known as “statutory seaworthiness”. The Law has not followed the UK’s use of the term “dangerously unsafe”, which emanated from the Herald of Free Enterprise disaster.
Load Lines
The 1966 Load Lines Convention and subsequent amendments have been implemented in Part IX of the Law (which also provides for Load Lines Regulations).
The threshold for exemption from the Load Lines Convention has been changed from 80 GT to 24 metres in load line length. This is more in keeping with the current international trend.
Tonnage Measurement
Whilst not of itself a direct safety matter, tonnage is one of the main parameters in determining the level of safety measures applicable to most ships. Tonnage matters are addressed in Part III of the Law, which in essence applies the International Tonnage Convention, 1969 (ITC). ITC will apply to tonnage measurement of all registered vessels of 24 metres or over. Below 24 metres there is flexibility to apply a simplified method of tonnage measurement. The old threshold of 12 metres has been abolished. Length for tonnage measurement is the same as load line length.
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