1. This Convention applies to every sea-going
ship, whether publicly or privately owned, which is engaged in the
transport of cargo or passengers for the purpose of trade or is employed
for any other commercial purpose, which is registered in a territory
for which this Convention is in force, and of which the keel is laid,
or which is at a similar stage of construction, on or after the date
of coming into force of the Convention for that territory.
2. National laws or regulations shall determine
when ships are to be regarded as sea-going ships for the purpose of
this Convention.
3. This Convention applies to tugs where reasonable
and practicable.
4. This Convention does not apply to–
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(a) ships of less than 1,000 tons;
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(b) ships primarily propelled by sail, whether
or not they are fitted with auxiliary engines;
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(c) ships engaged in fishing or in whaling or
in similar pursuits;
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(d) hydrofoils and air-cushion craft.
5. Provided that the Convention shall be applied
where reasonable and practicable to-
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(a) ships between 200 and 1,000 tons; and
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(b) the accommodation of persons engaged in usual
sea-going routine in ships engaged in whaling or in similar pursuits.
6. Provided also that any of the requirements
applicable by virtue of Article 3 of
this Convention may be varied in the case of any ship if the competent
authority is satisfied, after consultation with the organisations
of shipowners and/or the shipowners and with the bona fide trade
unions of seafarers, that the variations to be made provide corresponding
advantages as a result of which the over-all conditions are not less
favourable than those which would result from the full application
of the provisions of the Convention; particulars of all such variations
shall be communicated by the Member concerned to the Director-General
of the International Labour Office.
7. Provided further that the competent authority
shall, after consultation with the organisations of shipowners and/or
the shipowners and with the bona fide trade unions of
seafarers, determine the extent to which it is appropriate, taking
into consideration the need for off-duty accommodation, to make exceptions
or to diverge from the provisions of this Convention in the case of–
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(a) sea-going ferries, feeder ships and similar
ships which are not continuously manned with one permanent crew;
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(b) sea-going ships when repair personnel are
carried temporarily in addition to the ship's crew;
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(c) sea-going ships engaged on short voyages which
allow members of the crew to go home or to make use of comparable
facilities for part of each day.