Article
1
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.
4
This Convention does not apply to—
-
(a)
ships of less than 1,000 tons;
-
(b)
ships primarily propelled by sail, whether or not they are fitted with auxiliary engines;
-
(c)
ships engaged in fishing or in whaling or in similar pursuits;
-
(d)
hydrofoils and air-cushion craft.
5
Provided that the Convention shall be applied where reasonable and practicable to—
-
(a)
ships between 200 and 1,000 tons; and
-
(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 form the provisions of this Convention in the case of—
-
(a)
sea-going ferries, feeder ships and similar ships which are not continuously manned with one permanent crew;
-
(b)
sea-going ships when repair personnel are carried temporarily in addition to the ship's crew;
-
(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.