What is the significance of Seaworthiness

Seaworthiness is a term which is widely used when discussing ships but is one which is also rooted in maritime law. It is important to understand its relevance. and importanceThe two main pieces of legislation which place an importance on seaworthiness are the Merchant Shipping Act and the Marine Insurance Act. Other obligations for the provision of seaworthiness can be found in the Hague/Hague-Visby Rules which govern the carriage of cargo.

In the broadest sense, seaworthiness means fitness of the vessel to encounter the perils of the sea. In this definition, fitness not only covers the physical condition of the vessel and equipment, but also the competence of the crew and adequacy of her stores and fuel.

In terms of marine insurance, the Act states that there shall be an implied warranty that at the commencement of any voyage. That the ship is seaworthy for the purpose of that adventure, ie., that she is fit in all respects to encounter the ordinary perils of being at sea. Likewise, there is also an implied warranty that when in port. the ship shall be reasonably fit to encounter the ordinary perils of the port. The significance of seaworthiness, in relation to marine insurance, is more pronounced for traditional cargo carrying vessels, especially where there had been a need to claim general average, or for loss of cargo. Cargo owners/shippers will often argue breach of the seaworthiness obligation in claims against the ship owner/operator, but breaches of this obligation could also be argued by an insurance company to counter a significant claim for damage.

It is also the case that fitness of the vessel includes the proper adherence to company procedures, and due diligence required by the ordinary practice of seamen. A recent insurance claim, for example, was successfully argued against because the passage plan had not been sufficient to prevent the ship from grounding and as such, the vessel was not fit to encounter the perils on that voyage and therefore not seaworthy.

Although the consequences relating to marine insurance, for a vessel being unseaworthy can be costly in terms of money, the consequences relating to safety can have much more of an impact. The Merchant Shipping Act places a direct obligation upon the owner, Master and every person charged with preparing and sending the vessel to sea, to ensure the seaworthiness of the vessel at the commencement of and throughout the voyage.

Under the Merchant Shipping Act, the term seaworthy is linked to safety and specifically relates to the condition of the ship and its equipment, manning or under-manning, overloading or any other matter relating to safety. The Act also clarifies going to sea to be any voyage or excursion, whether "at sea" or not.

It is important that all those involved with the operation of a vessel, be they the Master, crew, or part of the shore management team, understand their obligations with regards to seaworthiness and the consequences should those obligations not be met, which in the worst case could result in criminal prosecution of the organisation or even of individuals.