- This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory for which this Convention is in force.
- National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention.
- This Convention does not apply to –
- vessels of less than 500 gross tonnage;
- vessels primarily propelled by sail but having auxiliary engines;
- vessels engaged in fishing or in whaling or in similar pursuits;
- Provided that the Convention shall be applied where reasonable and practicable to:
- vessels between 200 and 500 gross tonnage; and
- the accommodation of persons engaged in usual sea-going routine in vessels engaged in whaling or in similar pursuits.
- Provided also that any of the requirements contained in Part III of this Convention may be varied in the case of any ship if the competent authority is satisfied, after consultation with the organizations of ship-owners and/or the ship-owners 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 favorable 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 to the Director-General of the International Labor Office who shall notify the Members of the International Labor Organization.
Read More: C – 092 [Accommodation of Crews Convention]