Introduction
Passenger safety is a central concern of the Merchant Shipping Act, 1958. Ships carrying passengers are subject to stricter construction, equipment, and operational standards than cargo vessels. The Act also introduces special provisions for ships engaged in special trade, such as pilgrim ships, and regulates load lines and crew accommodation to ensure safety, comfort, and health on board.
Passenger Ships under the Act
A passenger ship is defined as any ship carrying more than twelve passengers. Because of the higher risk associated with transporting large numbers of people, passenger ships must comply with additional statutory requirements related to design, safety equipment, stability, and manning.
No ship may carry passengers unless it holds a valid Passenger Ship Safety Certificate. This certificate confirms compliance with structural, fire protection, life-saving, and radio communication requirements.
Survey and Certification of Passenger Ships
Passenger ships are subject to initial, periodical, and renewal surveys. These surveys ensure that the vessel remains fit for service throughout its operational life. Surveyors examine hull integrity, machinery, fire safety arrangements, lifesaving appliances, navigation systems, and passenger spaces.
Following a successful survey, the ship is issued a Passenger Ship Safety Certificate. If deficiencies are found, the certificate may be suspended or withdrawn until corrective measures are taken.
Limits on Passenger Numbers
The maximum number of passengers that may be carried on a ship is determined by survey and endorsed on the relevant safety certificate. Carrying passengers in excess of the authorized number is a serious offence and may lead to detention, fines, and cancellation of certificates.
The master is personally responsible for ensuring that the passenger limit is not exceeded.
Special Trade Ships
Special trade ships are vessels engaged in transporting large numbers of passengers under special conditions, such as pilgrim ships carrying people to religious destinations. Due to the nature of their operations, these ships are governed by special rules made under the Act.
Special trade ships must comply with additional requirements related to space, sanitation, ventilation, medical facilities, food supply, and crowd management.
Special Trade Passenger Ship Safety Certificate
No ship may operate as a special trade passenger ship without holding a Special Trade Passenger Ship Safety Certificate. This certificate is issued only after thorough inspection and survey, ensuring that all special trade requirements are met.
The certificate specifies the maximum number of special trade passengers that may be carried and the conditions under which the ship may operate.
Load Line Regulations
Load lines, commonly known as Plimsoll marks, indicate the maximum depth to which a ship may be safely loaded under various conditions. Load line regulations are critical to ship safety, as overloading directly affects stability, freeboard, and seaworthiness.
The Merchant Shipping Act empowers the Central Government to frame load line rules in line with international conventions. Ships must not proceed to sea unless properly marked and loaded within prescribed limits.
Offences Relating to Load Lines
Proceeding to sea when a ship is overloaded or when load line marks are not properly visible constitutes an offence. Both the owner and the master may be held liable unless they can prove that the offence occurred without their knowledge or consent.
Surveyors and port authorities are authorized to inspect load lines and detain ships in violation of the regulations.
Crew Accommodation Standards
The Act recognizes that the welfare of seafarers directly affects safety and efficiency. Therefore, minimum standards are prescribed for crew accommodation, including sleeping quarters, mess rooms, sanitary facilities, lighting, ventilation, and protection from noise and vibration.
Accommodation spaces must be kept clean, well-ventilated, and adequately maintained. Inspections may be conducted to ensure compliance, and deficiencies must be rectified before the ship is permitted to sail.
Medical and Welfare Facilities
Ships are required to carry medical stores, equipment, and trained personnel appropriate to the size and trade of the vessel. Passenger and special trade ships must provide enhanced medical facilities due to the higher number of people on board.
Adequate provisions must also be made for food, potable water, and hygiene to safeguard the health of passengers and crew.