Ship's Captain Obligation...

Ref: SOLAS CONSOLIDATED EDITION 2014 Regulation 33

Distress situation: obligations and procedures

1. The master of the ship which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed will all speed to their assistance, if possible informing them of the search and rescue service that the ship is doing so. This obligation to provide assistance applies regardless of the nationality or status of such persons or the circumstances in which they are found. If the ship receiving the distress alert is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, the master must enter in the logbook the reason for failing to proceed to the assistance of the persons in distress, taking into account the recommendation of the Organization to inform the appropriate search and rescue service accordingly.

Ref: 1982 United Nations Convention on the Law of the Sea (Art. 98-1)

- Every State require the Master of the flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:

a. To render assistance to any person found at sea on danger of being lost;

b. To proceed with all possible speed to the rescue of persons in distress, informed of their need of assistance, in so far as such action may reasonably be expected of him.

Ref: ISM Code

(Part A – Implementation) 5 Master’s Responsibility and Authority 5.1 The Company should clearly define and document the master’s responsibility with regard to:

.1  implementing the safety and environmental-protection policy of the Company;

.2 motivating the crew in the observation of that policy;

.3 issuing appropriate orders and instructions in a clear and simple manner;

.4 verifying that specified requirements are observed; and

.5 “periodically reviewing the SMS and reporting deficiencies to the shore-based management”  

5.2 The Company should ensure that the safety management system operating on board the ship contains a clear statement emphasizing the master’s authority. The Company should established in the safety management system that the master has the overriding authority and responsibility to make decisions with respect to the safety and pollution prevention nd to request the Company’s assistance as may be necessary.

  

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