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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2022/09/26 18:47

Chapter Law Content

Title: The Seafarer Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5 Master
Article 58
The master of a ship is responsible for commanding the ship. The master, in order to carry out his/her duties, has rights to command and administrate the seafarers and other persons on board the ship.
For assuring safety of the ship and protecting human lives or bodies, a master is entitled to take necessary measures to deal with any danger or casualty possibly occurred on the ship.
Article 59
The master is entitled, during the voyage, to take emergency action in order to maintain security on the ship and to protect national legal interest.
Article 60
A master shall prepare various ship documents and the relevant documents concerning passengers and cargoes carried by the ship.
When the shipping administration authority, according to law, inspects the ship documents and relevant documents as provided in the preceding paragraph, the master shall submit them immediately for inspection.
Article 61
Before and at beginning of a voyage, a master shall inspect the ship and make the ship ready for the voyage.
Article 62
The master shall not alter the scheduled route of the ship unless encountering accidents or force majeure.
Article 63
The master shall not open the cabins or unload cargoes unless necessary.
Article 64
The master shall not rescind himself/herself from undertaking or cease his/her duties during a voyage even when his/her term of employment has expired.
Article 65
The master shall take the most advantageous measures for the ceased seafarer’s heir to dispose the personal effects left on the ship by the seafarers who died or have been missing.
Article 66
A master shall prepare the sea protests and submit it to the shipping administration authority in details regarding the accident of sinking, stranding, collision, forced docking, or other accidents, and extraordinary occurrences to cargoes, seamen or passengers.
The sea protests in the preceding paragraph are effective only after having been authenticated by the seamen or passengers, provided that the sea protests were made while the master survived alone from the accident.
Article 67
The master shall be held responsible for any negligence while in performing his/her duties. The burden of proof shall be on the master who alleges no fault of his own.
Article 68
If a master is incapable of exercising his/her duties because of death or accidents during the voyage, and there are no successors are available, then the highest rank seafarer among deck officers shall act for on behalf of the master.
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