Importance of Seaworthiness of the Passenger Ferries

The importance of seaworthiness of a passenger ferry must be considered at first place as an unseaworthy vessel causes potential threat to life. Operating an unseaworthy vessel can lead to loss or damage of cargo, loss of human lives and damage to the environment. Although, the sea has the ability to overwhelm any vessel, it should be served on those who is dependent on maritime trade to make sure that a ferry or any kind of vessel is fit for operation, before sent to the sea for sailing. Those who keep their valuables and lives in the hands of others, at the time of travelling by maritime mode of transport, should be legally protected. This sparked up the need of all vessels to be seaworthy. 
 
Seaworthiness from Legal Point of View

The concept of seaworthiness is highly technical and evaluating the significance of seaworthiness is far from simple. It was developed by courts to impose a legal responsibility on vessel owners and carriers to refurbish the vessel all-ready for its purpose. Several disagreements and clashes evidenced by the Lloyd's Law Reports related to Seaworthiness bear witness to the fact that its importance have increased in the present time.
   
 • Safety of life at sea

The importance of Seaworthiness is also directly or indirectly related to areas like safety of life at sea and marine pollution. This is clarified in the SOLAS, Chapter V, under Safety of Navigation, providing many regulations related to creation of provision to guarantee maintenance of the equipments of the ships, presence of qualified and certified crew members. It also included the International Safety management and Pollution Prevention Code in Chapter IX. According to the Code, certain practices to be considered as exercise framework for Due Diligence.
  
 • Marine insurance policy

The seaworthiness is crucial in developing marine insurance. A claim to improvise a marine insurance policy for damage or loss to the cargo or vessel may jeopardize if the vessel is unseaworthy. A statutory warranty of vessel’s seaworthiness is implied under the Marine Insurance ACT 1960, s39, into marine insurance policies. The outcome of the Marine Insurance Act 1906 s39 states that if the vessel, at the time of sailing, was unseaworthy and the assured was aware of that unseaworthy state, the losses (likely to occur) will not be covered under the insurance. Damages due to other threats under the policy coverage, may however, be recovered.
 
Get passenger ferries for sale in reasonable prices and seaworthy conditions.
   
 • Consequences to be faced in case of breaching the laws

When a vessel harbours to the port for loading in an unseaworthy state, the voyage charterer has the right to refuse loading in that vessel and bring the contract to an end. However, this depends on how unseaworthy the vessel is and how much time will it take for restoring the vessel, making it seaworthy. The vessel can only be rejected if it cannot complete the contractual voyage within the stipulated time frame because of unseaworthiness. The charter can claim the loss suffered because of delay in sailing. When the cargo is not delivered on time, the carrier pays compensation for late delivery as the MRP of the goods is unfavourably affected by late delivery.

 There is always an unpredictable and unwelcomed element of doubt as it entirely depends on the court to consider ‘reasonable’ or ‘unreasonable’ parameters for judging un-seaworthiness, under different circumstances.