Regulation of the World’s Tanker Industry

The world tanker industry is a highly regulated industry. There are basically 4 levels of governmental regulation and one quasi-governmental level. All levels are interconnected and a failure of the tanker and its master and/or owners will result in operational restrictions including the arrest of the tanker, her master/crew and/or her owners which can lead to fines, seizure of the tanker and/or incarceration.

The international body for developing and ratification international regulations for all ships is the International Maritime Organization (IMO). IMO is a division of the United Nations. Maritime nations can participate in IMO. The development and ratification of the regulations follows a rigorous process. These regulations range from tanker design parameters to Standards of Training, Watchkeeping and Certification. (STCW)

Once the regulations are ratified by enough nations they are enforceable. It is the obligation of the nation (flag state) of which the flag of the ship (tanker) is registered to implement and enforce the regulations. When a ship (tanker) calls upon another country (port state), it is subject to inspection by the port state to verify the ship (tanker) is meeting the IMO regulations. As an example when a Japanese flagged ship (Japan is the flag state) calls in the United States (US is the port state), the ship can be inspected for compliance with the IMO regulations. In the United States it is the US Coast Guard who is charged with the inspection responsibilities. If an international ship (tanker) is found in violation of the IMO regulations, the port state must report the violations to the flag state and the port state may detain the ship (tanker) until the violations are corrected.

The next levels of regulations (laws) are the national regulations. These regulations (laws) are unilateral in nature and only apply when the ship (tanker) are in the waters of the sovereign nation. These regulations (laws) are usually enacted to protect the nation’s environment. As an example, the U.S.A. enacted requirements for double hulls before IMO. This US applied to all tankers calling on US ports.

The third level of regulation (law) is the state level. States may enact regulations (laws) to protect the states environment. The states may not enact regulations (laws) which conflict with the Federal law. The State of California enacted a law requiring all tankers operating in state waters to be accompanied by an escort tug.

The last level is the local authority. In the case of Pier 400, Berth 408 the local authority is the Port of Los Angeles. In the tariffs (rules and regulations for ships using the Port of Los Angeles) of the Port of Los Angeles, there is a requirement for all ships under registry to use the Port’s Pilot Service.

The foregoing levels of regulation (laws) are all from a governmental base, i.e., a governmental authority or agency has been empowered to develop, implement and enforce the marine regulations (laws). However, there is another level of authority that is just as important to the regulation of ships (tankers) as the governmental authorities. This level is the maritime classification societies (see the IACS link for additional information). Classification societies establish design criteria for all ships, requirements for machinery and inspection of the ship’s hull. In some cases the classification society provides inspection obligations for the flag state. Four classification societies have been accepted by the U.S. Coast Guard to act on their behalf: The American Bureau of Shipping, Lloyds Register of Shipping, Det Norsre Vertias, and Germanischer Lloyds. Classification societies issue various certificates which the ship (tanker) must have before it can operate. One of these certificates is called the “Load Line Certificate”. This important certificate indicates the amount of cargo a ship (tanker) can load and maintain its stability.

While this is just an overview of the regulations (laws) ships (tankers) most adhere too, it is still the responsibility of the Master (captain) of the ship (tanker) to operate it in a safe manner.

 

             

 

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