MARITIME LAW (MARLAW)

Chapter III

Surveys of the Ship and documents aboard

 3.1 INTRODUCTION
• Ships that are operating internationally traverse international seas and oceans,
make passages through the jurisdictional straits of many states and drop their
anchors in the anchorage areas of different ports in the world. In this regard, the
master of the ship and his officers must be always alert and knowledgeable on the
national laws or legislative requirements of the countries, as well as those of the
international organizations or bodies which formulates and adopts the
international maritime laws.
• Particularly, the ship’s master and his officers should be aware and
knowledgeable about the documents that are required to be kept onboard to
comply with legislative requirements of the State. However, prior to the issuance
of these documents, particular requirements are prescribed by the state pursuant
to both national and international laws. One of the most important requirements
is the conduct of various surveys of the ship before and during her operational
life.
 3.2 REQUIREMENTS FOR SHIP SURVEYS
• Generally, ships are placed under different kinds of survey before they
are put into service and periodically during their operational lifetime.
Various international conventions require the conduct of surveys and
corresponding certifications after the conduct of such surveys. The
international conventions are adopted by the countries and these
countries created laws applicable to their own domestic and foreign
shipping industries.
• The nature and frequency of surveys and certifications depend on the
objectives, scope and required methods or prescription by the
conventions. The following are the general nature and frequency of the
surveys required by the conventions.
• 1. Initial survey - This is required before a ship is put in service. It is conducted to ensure that
the arrangements, equipments and system of a ship are in order. A complete inspection is made
of the ship’s structure, machinery and equipment including outside of the ship’s bottom and the
inside and outside of boilers. Usually, the details of complete survey/inspection include the
following areas or parts of the ship.
a. Arrangement, materials and scantling of the structure
b. Main and auxiliary machinery
c. Installation of radio
d. Installation of life-saving appliances
e. Boilers (inside and outside)
f. Arrangement control of discharge of oil including arrangement of retention of oil on board
g. Fire safety system (appliances arrangements)
h. Navigational equipment, nautical publications, charts, etc.
i. Means of pilot embarkation
j. Provisions of lights, shapes and means of making sound signals and distress signals as
required by Collision Regulation (COLREG)
2. Periodical Survey – This is done to inspect
the structure, boilers, and other pressure
vessel machinery and equipment, including
the outside of the ship’s bottom. It is normally
conducted within a period before or after the
anniversary date of the certificate of initial
survey. It can also be substituted to an annual
survey.
3. Additional Survey (as needed) – This may
be general or partial survey conducted
according to certain circumstances. It may be
made after a repair resulting from an
investigation of an accident which happened
involving the ship or due to defect discovered
which affects the safety of the ship, her crew,
and cargo.
4. Intermediate Survey –
This is usually required for
tankers which reach a
certain age (usually 10 years
or older).
 3.3 REQUIREMENTS AFTER THE SURVEY
Compliance with survey requirements is only the beginning of a number of
legal requirements for the operation of a ship. Once the required surveys
are completed the master of the owner of the ship is obliged to see to it that
the ship maintains certain conditions after the survey. As such, no change
shall be made in the structural arrangement, machinery, equipment and
other installations or items covered by the survey.
If there is a need to change any of the items, permission to change should be
sought first by the owner from the administration of the state. Usually, the
application for change is submitted in advance and the owner has to wait for
a certain period of time for the approval of the request for permit to change.
No change shall be made unless the permit or approval is granted by the
government of the State.
It is the responsibility of the owner or his designated
representative to report soonest to the administration,
recognized surveyor, or organization responsible for
issuing relevant certificate, any defect discovered in the
ship whenever an accident occurred. This is necessary to
ensure the ship’s safety, efficiency or completeness of
life-saving devices or other equipment. This will make
sure that the ship remains fit to proceed to sea without
risk to the ship, persons and cargo onboard as well as to
the marine environment
 3.4 CERTIFICATES AND DOCUMENTS
Documents and certificates required by authorities to be kept onboard a ship are
usually issued by the designated Administration of the State. However, apart from
the certificate issued by the designated or registration, there are some documents
issued by organizations or private firms that are authorized by the administration
of the State to issue such certificates or documents after the conduct of inspection
or survey. In other words, the government delegates to the private firms the
responsibility to issue certain documents or certificates.
The delegation of responsibility to a private organization by the administration of a
state is allowed by some international conventions. As such, the concerned States,
who are parties to these conventions, enact and enforce relevant laws allowing
private organization to issue certain documents, as long as these private entities
are accredited, authorized or recognized by the Administration of the State.
In the above-described case, the government still assumes authority and
responsibility for the contents of the certificate. Some conventions also allow
endorsement on certificates by the Administration or the persons or organization
who issued the original certificate. This is lieu of issuing a new certificate.
The contents of the certificate and the format are usually prescribed by the
pertinent convention. The different certificates and documents carried aboard a
ship depend on the category and class of the ship. A passenger ship, for instance,
keeps on board certificates and documents required for this type or class of ship.
If the ship is a chemical carrier, some of the certificates of documents it carries are
different from those of the passengers’ ships.
There are common certificates and documents which all ships should carry
aboard. For example, all types of ship should keep on board their Certificate of
Registry or Ownership, Load Line Certificate and Safety Management Systems
Manual.
 3.5 GENERAL LIST OF CERTIFICATES AND
DOCUMENTS KEPT ON BOARD THE SHIP
International conventions do not require a ship to be classed
by a classification society. However, in practice all ships are
given their classifications by the classification societies
because this is required by insurance companies before the
ship is granted insurance coverage. The Philippine Merchant
Marine Rules and Regulations (1997) gives the following
categories and classes of ships.
1. Ship Categories
• Category 1 – Ship engaged in international voyage
• Category 2 – Ship engaged in coastwise voyage
• Category 3 – Ship engaged in bay, river, harbour, canal and lake operations
2. Classes of Ships
• Class A – Passenger Ship
• Class B – Cargo Ship
• Class C – Tankers
• Class D – Tugs and Dredgers
• Class E – Fishing Vessels
• Class F – Yachts
• Class G – High Speed Crafts
• Class H – Special Purpose Crafts
• Class I – Miscellaneous Ships
Various international conventions and corresponding national laws of the contracting States require ships to make
available on board a number of documents and certificates as evidence of compliance with relevant laws agreed
upon for enforcement.
The following is the list of the documents and certificates prescribed by SOLAS, 1974 as amended:

1. For All Ships

• Certificate of Registry, required by the FAL Convention

• International Tonnage Certificate required by Article 7 of Tonnage Convention (1969)

• International Load Line Certificate, required by Article 16 of the 1966 Load Line Convention

• International Load Line Exemption Certificate , required by Article 6 of the 1966 Load Line Convention

• Intact Stability Booklet, required by Regulation II-1/22 of SOLAS 1974

• Minimum Safe Manning Document, required by Regulation V/13(b) of SOLAS 1974 (1989 amendments)

• Certificates for masters, officers, or ratings, required by Article VI of STCW 1978, as amended

• Derrating or Deratting Exemption Certificate, required by Regulation 5 Technical Annex I of MARPOL 73/78

• Oil Record Book, required by Regulation 20, Technical Annex I, of MARPOL 73/78

• Safety Management Manual, as prescribed by Chapter IX of SOLAS 1974, as amended

• Document of Compliance, as required by International Safety Management (ISM) Code

• Safety Management Certificate, pursuant of ISM Code

• Shipboard Oil Pollution Emergency Plan, as required by Technical Annex I of MARPOL 73/78

• Garbage Record Book, as required by Technical Annex V of MARPOL 73/78

• Garbage Management Plan, as required by Technical Annex V of MARPOL 73/78

• Ship Security Plan and Ship Security Certificate, as required by the ISPS Code
2. For Passengers Ship
Apart from the common documents and certificates enumerated above,
all passenger ship must keep on board a Passenger Ship Safety
Certificate, as required by Regulation 1/2 of SOLAS 1974 (as amended by
GMDSS amendments)

In case the passenger ship fails within the exemption regulations of

SOLAS 1974, an Exemption Certificate is issued by the Administration of
the State and this exemption document should likewise be kept on board.
A ship that has been granted an Exemption Certificate should also obtain
a Passenger Ship Safety Certificate. Therefore, the Exemption Certificate
is only an addition to the Passenger Ship Safety Certificate.
3. Special Trade Passenger (STP) Ships
In addition to the common certificates and documents
mentioned and enumerated for all ships, a Safety
Certificate for Special Trade Passenger Ship should
be carried aboard this type of ship. This requirement
is pursuant to Rule No. 5 of STP Agreement of 1971.
Likewise, a Special Trade Passenger Ship Space
Certificate should also be carried onboard this type
of ship pursuant to Rule No. 5 of the SSTP 1973.
4. Cargo Ships
Aside form all common certificates and documents enumerated for all types of ships, a cargo ship
should have on board the following documents/certificates:
• Cargo Ship Safety Construction Certificate, as required by SOLAS 1974, as amended by the GMDSS
amendments
• Cargo Ship Safety Equipment Certificate, as required by SOLAS 1974 GMDSS amendments
• Cargo Ship Safety Radio Certificate, as required by SOLAS 1974 GMDSS amendments
• Exemption Certificate (if ship fall within exemption) as required by the SOLAS 1974 Regulation ½ for
cargo ships
• Document of Compliance with the special requirements for ships carrying dangerous goods, as
required by SOLAS 1974, as amended
• Document of Authorization for the carriage of grain ( where applicable) as required by SOLAS 1974,
as amended
• Certificate of Insurance or other Financial Security in respect of Civil Liability for oil pollution
damage, required by CLC of 1969, as amended
5. Ships Carrying Noxious Liquid Substances in Bulk
(NLS)
In addition to all required documents enumerated for
all ships as well as those required for cargo ships, any
ship carrying NLS and chemical substances in bulk
should keep on board an International Pollution
Prevention Certificate for the carriage of NLS in bulk
and the Cargo Record Book, pursuant to the pertinent
provisions of the revised Technical Annex II of MARPOL
73/78.
6. Chemical Tankers
Aside from all common documents and certificates
listed for all ships and cargo ships, a chemical
tanker should carry on board either a Certificate of
Fitness for the Carriage of Dangerous Chemical in
Bulk, pursuant to the BCH Code or an International
Certificate of Fitness for the Carriage of Dangerous
Chemical in Bulk pursuant to IBC Code.
7. Gas Carrier
Apart from the common certificates and documents listed for all ships and cargo
ships, a gas carrier should carry on board either a Certificate of Fitness for the
Carriage of Liquefied Gases in Bulk, pursuant to the Gas Carrier Code, or an
International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, as
required by the IGC Code.
Aside from the foregoing list of documents and certificates required for the different
types of ships, there are also a number of miscellaneous certificates required for
special types of ships for special types of operations. Some of these documents are
follows.
• Special Purpose Ships Safety Certificates, required for special purpose ships
• Diving System Safety Certificate for ships used for diving purposes
• Safety Certificate for mobile offshore drilling units.
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