Merchant Shipping (Safety and Load Line Conventions) Act 1932

CHAPTER I PRELIMINARY.

ARTICLE 1. General Obligation of Convention.

So that the load lines prescribed by this Convention shall be observed, the Contracting Governments undertake to give effect to the provisions of this Convention, to promulgate all regulations, and to take all other steps which may be necessary to give this Convention full and complete effect.

The provisions of this Convention are completed by Annexes, which have the same force and take effect at the same time as this Convention. Every reference to this Convention implies at the same time a reference to the Rules annexed thereto.

ARTICLE 2 Scope of Convention.

1 This Convention applies to all ships engaged on international voyages, which belong to countries the Governments of which are Contracting Governments, or to territories to which this Convention is applied under Article 21, except—

(a) ships of war; ships solely engaged in fishing; pleasure yachts and ships not carrying cargo or passengers;

(b) ships of less than 150 tons gross.

2 Ships when engaged on international voyages between the near neighbouring ports of two or more countries may be exempted by the Administration to which such ships belong from the provisions of this Convention, so long as they shall remain in such trades, if the Governments of the countries in which such ports are situated shall be satisfied that the sheltered nature and conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of this Convention to ships engaged in such trades.

3 All agreements and arrangements relating to load line or matters appertaining thereto at present in force between Contracting Governments shall continue to have full and complete effect during the terms thereof as regards—

(a) ships to which this Convention does not apply;

(b) ships to which this Convention applies in respect of matters for which it has not expressly provided.

To the extent, however, that such agreements or arrangements conflict with the provisions of this Convention, the provisions of this Convention shall prevail.

Subject to any such agreement or arrangement—

(a) all ships to which this Convention does not apply; and

(b) all matters which are not expressly provided for in this Convention;

shall remain subject to the legislation of each Contracting Government to the same extent as if this Convention had not been made.

ARTICLE 3 Definitions.

In this Convention, unless expressly provided otherwise—

(a) a ship is regarded as belonging to a country if it is registered by the Government of that country;

(b) the expression " Administration " means the Government of the country to which the ship belongs;

(c) an " international voyage " is a voyage from a country to which this Convention applies to a port outside such country, or conversely, and for this purpose, every colony, overseas territory, protectorate or territory under suzerainty or mandate is regarded as a separate country;

(d) the expression " Rules " means the Rules contained in Annexes I, II and III;

(e) a " new ship " is a ship, the keel of which is laid on or after the 1st July. 1932, all other ships being regarded as existing ships;

(f) the expression " steamer " includes any vessel propelled by machinery.

ARTICLE 4 Cases of " Force Majeure. "

No ship, which is not subject to the provisions of this Convention at the time of its departure on any voyage, shall become subject to the provisions of this Convention on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

In applying the provisions of this Convention, the Administration shall give due consideration to any deviation or delay caused to any ship owing to stress of weather or to any other cause of force majeure.