A recent Workboat Association Safety Forum highlighted concern over the lack of awareness among Masters working in UK waters of the full extent of their legal responsibilities. Stephen Angove, CJC Senior Associate & Master Mariner was among the invited speakers.
July’s safety statistics from the Workboat Association covering 2013-2024 provided another example of the excellent work the UK body does to support best practice. In addition, the figures show a welcome continuous decline in ‘Total Exposure Hours’ to incidents from 2018 onwards, with 2023 numbers also half those logged in 2014.
However, many of those in charge of operating workboats in UK waters (whether they refer to themselves as Skipper, Captain, or Master) are not required to hold STCW II/2 (unlimited) Master Mariner certificates of competency and therefore may not have formally studied law specific to the sector. This issue, and the potential risks which boat Masters may be unknowingly running of fines or custodial sentences, came into focus during June’s Seawork 2024, in Southampton.
In a Workboat Association Safety Forum also featuring speakers from the MAIB, owners (Svitzer), a training provider (SeaRegs), insurers (Shipowners P&I Club) and a lawyer specialising in the criminal defence of seafarers, several speakers expressed concern over lack of awareness of full responsibilities among Masters of smaller vessels.
As one of those speakers, and as a Master Mariner, CJC Senior Associate Stephen Angove emphasised the benefits to owners and insurers – and those in command of smaller vessels - of disseminating better guidance to persons who take charge of smaller vessels in UK waters but who may not have studied UK law.
Broadly summarised, their responsibilities include:
- Ensuring the condition and operation of the vessel is such that it will not harm or risk harm to people, or cause pollution
- To respond to distress calls and otherwise preserve life at sea
- To perform as agent for the owner’s interest in the vessel (and as agent for the time-charterer’s interest in the cargo if applicable).
If the above summary reads as if it is a matter of common sense, drilling down into the detail of what is required in respect of maintaining a safe vessel and operating it safely reveals that there is more to consider than meets the eye.
Working at sea is not always plain sailing. Seafarers, by nature, tend to be pragmatic people and therefore look to solve or work around problems in a practical way. However, this can lead to scenarios where a seafarer will look at a solution to a problem and ask, “can it be done”, sometimes forgetting to ask, “should it be done”.
The responsibilities of a Master are more fully defined within the UK Merchant Shipping Act of 1995, but it is fair to say that the formulations are not necessarily accessible to the general reader. There is also important secondary legislation to consider, in addition to the 1995 statute.
For the workboat Master making operational decisions, the background noise of regulatory refinement may be less than compelling. However, missteps may have legal consequences and, while it is altogether possible to sail for years without incident, not knowing the rules that apply in the case of a collision, grounding or oil spill - for example – is no defence.
The UK Merchant Shipping Act 1995 delineates responsibilities as they relate to different events or circumstances. Its provisions include:
S58 - Conduct endangering ships, structures or individuals – Applies to Master & crew
S98 - Owner and Master liable in respect of dangerously unsafe ship
S100 - Owner liable for unsafe operation of ship
S131 - Discharge of oil from ships into certain United Kingdom waters – Master or Owner
With respect to a ship’s requirement or duty to assist another vessel, the Act further stipulates:
S92 - Duty of the ship to assist the other in case of collision applies to the Master
S93 - Duty to assist an aircraft in distress applies to the Master (as amended SI 1998 No.1691)
SI 1998 No. 1691 - Duty on the Master to assist persons in distress at sea.
Imbued with clarity from the legislative point of view, any breach of these MSA1995 requirements by the Master is a criminal matter.
However, the same incident will often be a source for civil action, where insurers/owners require assistance in respect of litigation. In such circumstances, the responsibilities specified above will also be one of the starting points for the Maritime & Coastguard Agency or the Maritime Accident Investigation Branch in any incident.
Legal expertise in criminal or civil cases that is guided by experience of working with relevant authorities on matters relating to MSA 1995 is therefore invaluable in securing transparency on behalf of clients.
Cooperation that leads to disclosure should serve the interests of all parties concerned.
For further information, please contact:
Stephen Angove
Senior Associate & Master Mariner
Stephen@CJCLaw.com