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

Print Time:2022/09/29 02:18
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Chapter Law Content

Title: The Seafarer Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 6 Navigation Safety and Dealing of Casualties
Article 69
The seafarers shall not use the ship for smuggling of cargoes. If the smuggled cargoes are contraband, or are likely to cause damage to the ship, persons or cargoes on board the ship, the master or the employer is entitled to jettison the said cargoes.
A master or an employer shall have rights to dispose of or jettison the ammunition, explosives or other dangerous goods carried on board by seafarers.
The disposal or jettisoning provided in the preceding two paragraphs shall be done in the manner and at the place that would cause minimum pollution to the sea.
Article 70
The watchkeeping seafarer shall observe the rules of the collision regulation, and signal siren or hang up signals as provided.
Article 70-1
To ensure the safety of the ship and navigation, the employer shall, before and at the beginning of the voyage, man the ship with sufficient and qualified seafarers in accordance with relevant provisions
The minimum standard of safe manning for various routes, types and sizes of ships shall be prescribed by the competent authority.
Article 71
A master shall report to the shipping administration authority his/her findings, in the present routing, of oil pollution, newly formed sand beach, submerged reefs, severe weather changes or other accidents, which may obstruct navigation.
Article 72
In case a maritime casualty or other accident incurred to a ship, the master shall immediately take any emergency measures to prevent the ship from danger and report to the shipping administration authority in priority manner for salvage if necessary.
If a ship was stranded, sunk, or malfunctions because of a maritime casualty or other accident, the master shall not only deal with it in accordance with the preceding paragraph, but also prevent oil from spilling or leaking in order to avoid pollution to the coasts and waters.
Article 73
If a ship is in imminent danger, the master shall endeavor to adopt any necessary measures to save the human lives, ship and cargoes.
No matter what danger occurs during navigation, the master shall not abandon the ship unless has consulted with other key seafarers. Nevertheless, the master has the right to make final decision.
When the ship shall to be abandoned, the master shall endeavor to rescue the passengers, seamen, ship documents, mails, moneys and precious articles.
The master, if violates the regulations stipulated in Paragraphs 1 and 2, shall be responsible for the measures adopted by him/her.
Article 74
After a collision, the master of each of the ships in collision is bound, so far as he can do so without serious danger to his ship and persons on board, to render assistance to shipmaster, seafarer and passengers on board the other ship.
The master of each of the ships shall, except there is a force majeure circumstance, stand by at the site of the disaster until it is obvious that the assistance to the ship continually would be useless.
The masters of each of the ships in collision is likewise bound so far as possible to make known to the other ship the name of his ship, its port of registry, and the places where she had departed from and is bound for.
Article 75
Every master is bound, so far as he can do so without serious danger to his ship, crews and passengers thereon, to render assistance to any persons in danger of being lost at sea or in distress.
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