Law and Legal Studies

Maritime and Air Law

Winter 2022
Assignment 3

Student Name/ID: Pakynam Walid/46-3176.

Shipmaster 1means the person on board of the ship being in command and having the authority
to take all decisions pertaining to navigation and ship management while also having
obligations. The ship master’s authority2 appears in having total command of all people and
operations on board of the ship. His authority at sea is ultimate and unrivalled. he is
authorized3, if necessary, to limit the freedom of movement to any person on board. In the
event of a criminal offense onboard, the master is obliged to take all the necessary measures to
lessen the occurrence of harmful consequences. He is responsible for ensuring that proper and
accurate records are kept by the vessel, and are available to the authorities on the shore,
particularly in the event of an accident or when it is required. The master has certain powers
typical for administrative bodies such as taking into account the fact of birth onboard and has
the right to receive a statement of the last will, He also has the ability to make decisions about
safety and pollution control, as well as to request help from the Ship Operations Group or any
other suitable source. A ship master4 is in charge of the ship's navigation and ensuring the
safety of everyone on board. A master owes a responsibility to conduct cautious seamanship or
to take the measures that a reasonable person would take in all the circumstances while using
average foresight and judgement. If a vessel is proven to have been negligent, it will be
responsible for any harm it causes. A master is required to take reasonable precautions to
safeguard the safety of the vessel and persons on board, according to the fundamental
principles established. A master has a responsibility to maintain a proper lookout and take all
necessary measures to prevent a collision. A master is responsible for making sure that the
vessel is moving at the proper pace for the prevailing conditions and that the proper warning
signs of an approaching vessel are delivered. The "rules of the road" controlling navigation,
such as those governing a vessel's right-of-way in confined waters, must also be followed by a
master. A master5 also has a duty to ensure that his or her actions do not endanger other
vessels. This obligation includes taking precautions to prevent collisions even though the master
may have the right of way. However, a master is allowed to prioritize the safety of his or her
vessel and crew when a collision is either inevitable or imminent. A ship master should also
prepare the yearly Master's evaluation of the Safety Management System, monitoring and
evaluating the Safety Management System, reporting any shortcomings to the Ship Operations
Group in line with other requirements of this handbook, and filling in as the Alternate Vessel
Security Officer when necessary.
1
https://www.lawinsider.com/dictionary/shipmaster

2
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.whoi.edu/marine/PDF/05.1%20Masters
%20Responsibilities%20and%20Authority.pdf

https://www.researchgate.net/publication/339687641_Autonomous_ships_and_legal_authorities_of_the_ship_m
aster

4
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/http://www.dolden.com/wp-content/uploads/
2016/06/109-The-Obligations-of-Ship-Masters-and-Seaplane-Pilots-February-2003.pdf

5
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.whoi.edu/marine/PDF/05.1%20Masters
%20Responsibilities%20and%20Authority.pdf