SOLAS 1974: Flag State

• Lecture is on SOLAS 1974

Flag State

• The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed.
• The flag state is deemed the ship's nationality.
• A ship must be registered and can only be registered in one jurisdiction of its choice and the merchant vessel may change registration at other jurisdictions.
• When a ship is involved in an admiralty case, the flag state laws apply.
• A ship must carry the flag of that state and follow the rules and regulations enforced by the state's maritime law.
• A ship's flag is an important factor when the court makes the decision on judging.
• In the open sea, the ship will follow the regulation of the flag.
• Ship registration plays an important role in many aspects, including vessel purchases, newbuilding deliveries, financing, vessel leasing, priorities of owners and mortgagees, protections, and preferential treatments (tax, certifications and security), as per the flag state benefits.

Safety of Life at Sea (SOLAS, 1974) - Introduction

• The SOLAS Convention is generally regarded as the most important of all international treaties concerning the safety of merchant ships.
• The first version of SOLAS Convention was adopted on January 20, 1914, in response to the sinking of the Titanic.
• The first treaty prescribed numbers of lifeboats and other emergency equipment along with safety procedures, including continuous radio watches.
• The first SOLAS treaty was viewed to enter into force in July 1915 but never entered into force due to the outbreak of the First World War.
• There have been 5 other SOLAS conventions since then.
• The 2nd SOLAS convention was adopted in 1929 (EIF-1933).
• The 3rd SOLAS convention was adopted in 1948 (EIF 1952).
• The 4th SOLAS convention was adopted in 1960, already under the auspices of the IMO (EIF 1965).
• The 5th (current) SOLAS convention was adopted in 1974 (EIF 1980).
• The 1974 version includes the tacit acceptance procedure.
• The tacit acceptance procedure provides that an amendment shall enter into force on a specified date.
• Adopted: November 1, 1974.
• Entry into force: May 25, 1980.

Areas Addressed by the SOLAS Convention

• Chapter I: General Provisions
• Chapter II-1: Construction - Subdivision and stability, machinery and electrical installations
• Chapter II-2: Construction - Fire protection, fire detection and fire extinction
• Chapter III: Life-saving appliances and arrangements
• Chapter IV: Radio communications
• Chapter V: Safety of navigation
• Chapter VI: Carriage of cargoes
• Chapter VII: Carriage of Dangerous goods
• Chapter VIII: Nuclear Ships
• Chapter IX: Management for the safe operation of ships (Formerly known as ISM Code)
• Chapter X: Safety measures for high speed craft
• Chapter XI: Special features to enhance maritime safety
• Chapter XI-II: Special Measures to enhance maritime security
• Chapter XII: Additional safety measures for bulk carriers
• Chapter XIII: Verification of compliance
• Chapter XIV: Safety measures for ships operating in polar water
• Appendix: Certificates
• Annex 1: Records of equipment
• Annex 2: Forms of attachments

Chapters in SOLAS

• Chapter I – General Provisions: Surveys and certification of all the safety items are included.
• Chapter II-1 – Construction – Subdivision and stability, machinery and electrical installations: Deals with watertight integrity of the ship, especially passenger vessels.
• Chapter II-2 – Fire protection, fire detection and fire extinction: Elaborates on the means and measures for fire protection in accommodation, cargo spaces, and engine rooms for passenger, cargo, and tanker ships.
• Chapter III – Life-saving appliances and arrangements: Describes all life-saving appliances and their use in different situations.
• Chapter IV – Radio communications: this includes the requirements of GMDSS, SART, EPIRB for cargo and passenger vessels.
• Chapter V – Safety of navigation: Deals with all the seagoing vessels of all sizes, from boats to VLCCs, and includes passage planning, navigation, distress signal.
• Chapter VI – Carriage of Cargoes defines the storage and securing of different types of cargo and containers, but does not include oil and gas cargo.
• Chapter VII – Carriage of dangerous goods: Defines the International Maritime Goods Code for storage and transportation of dangerous goods.
• Chapter VIII – Nuclear ships: the code of safety for a nuclear-propelled ship.
• Chapter IX – Management for the Safe Operation of Ships, describes the International Safety Management Code for ship owners and operators.
• Chapter X – Safety measures for high-speed craft: safety code for the high-speed craft
• Chapter XI-1 & 2– Special measures to enhance maritime safety: Special and enhanced survey for safe operation, other operational requirements and ISPS code.
• Chapter XII – Additional safety measures for bulk carriers: includes safety requirement for above 150 meters length bulk carrier
• Chapter XIII – Verification of Compliance
• Chapter XIV -Safety Measures for Ships Operating in Polar Waters

Lecture on Flag State under SOLAS 1974. The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered. The ship must carry the flag of that state and follow the rules and regulations enforced by the state's maritime law.