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MCA Orals - Results from #3135
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Under regulation 14 of The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations, the company and the master must ensure that there are carried, at all times on board ship, all original certificates and other documents issued pursuant to the STCW Convention indicating the qualification of any member of the crew to perform functions which they are required to perform aboard ship in the course of their designated duties.

Because, in the MCA's consultation exercise, the MCA received mixed views as to whether it would or would not benefit stakeholders to have an explicit definition. The term therefore falls to judicial interpretation in the light of relevant caselaw (which would include a definition given in the judgment of the European Court of Justice in a case brought by Intertanko).

(1) Initiate and transmit a ship-to-shore security alert to a competent authority designated by the flag State Administration, which in these circumstances may include the Company, identifying the ship, its location and indicating that the security of the ship is under threat or has been compromised; (2) not send the ship security alert to any other ships; (3) not raise any alarm on-board the ship; and (4) continue the ship security alert until deactivated and/or reset. (SOLAS reg. XI-2/6. 2)

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