Legislation

Merchant Shipping Act (Cap. 234)

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• Art. 1Construction and Equipment of Ships 207-249 Rules as to construction, equipment and safety 207-213 Declaration
• Art. 2Load Line and Loading 250-277 General Provisions 250-251 Maltese ships 252-260 Foreign ships 261-266 Exemption
• Art. 6Miscellaneous Provisions 298-308 Part V A. Prevention of Pollution From Ships 308A Part VI. Emigrant Ships 309
• Art. 7(1) The fee due on first registration and the annual fee shall be paid upon registration of the ship and no ce
• Art. 9A registrar is entitled to demand payment of any outstanding fees, charges or penalties due under this Act pri
• Art. 10An application for registry of a ship, whether provisional or otherwise, shall contain such information, detai
• Art. 11A person shall not be entitled to be registered as owner of a ship or of a share therein until he, or in the c
• Art. 12Upon receipt of an application for registry, whether provisional or otherwise, made in accordance with article
• Art. 13(1) Within one month of provisional registry, extendable for good reason for another period of two months, the
• Art. 15Survey and measurement of ship.  Substituted by: XXXVII. 1988.9. 14. (1) Every ship shall before registry be
• Art. 16(1) Saving any provision with regard to ships being built, rebuilt or equipped, all ships provisionally regist
• Art. 17(1) As soon as the requirements of this Act preliminary to registry whether provisional or otherwise, have bee
• Art. 18O n t h e r e g i s t r y o f a s h i p , t h e r e g i s t r a r s h a l l r e t a i n i n h i s possession t
• Art. 18A(1) The registrar may require such particulars, as he may deem proper, of the managing owner for the time bein
• Art. 19(1) On completion of the provisional registry of a ship the registrar shall, subject to such conditions as he
• Art. 19AWhere a ship registered under this Part of this Act is being operated under charter or is leased in any year i
• Art. 19BAt any time during the period of when a certificate is issued in the name of the charterer or lessee, the regi
• Art. 20(1) Any certificate of registry shall be used only for the lawful navigation of the ship and shall not be subj
• Art. 21If the master or owner of a ship uses or attempts to use for her navigation any certificate of registry not le
• Art. 22The registrar may, with the approval of the Registrar- General, on the delivery up to h im of any certificate
• Art. 23In the event of any certificate of registry of a ship being mislaid, lost, destroyed or otherwise not recovera
• Art. 24Repealed by article 14 of Act XXXVII of 1988 . Endorsement of change of ownership on certificate. Amended by:
• Art. 25Deleted by I.2025. 10. Delivery up of certificate of ship lost or ceasing to be Maltese. Amended by: XIII.1983
• Art. 26(1) In the event of a registered ship whether provisionally or otherwise, being either actually or constructiv
• Art. 26AWhere under any of the provisi ons of this Act a certificate of registry of a Maltese ship, whether provisiona
• Art. 26BWhere under any of the provisions of this Act a non- operational certificate of registr y, whether provisional
• Art. 26CI f a n y p e r s o n s e n d s o r a t t e m p t s t o s e n d , o r i s a p a r t y t o sending or attemptin
• Art. 27(1) A certificate of registr y, whether provisional or otherwise, shall cease to have effect: (a) on the expir
• Art. 28(1) Where the owner of a Maltese ship desires to close the register of a ship he shall make an application to
• Art. 28AWhere the purchaser of a ship is not a person who is qualified to own a Maltese ship in accordance with this A
• Art. 29(1) The Minister may order th at a ship shall cease to be registered if it is in the national interest or in t
• Art. 30(1) When the registry of a ship, whether provisional or otherwise, has been closed, the registrar shall, upon
• Art. 31Repealed by article 16 of Act XXXVII of 1988 . 22 CAP. 234.] MERCHANT SHIPPING Transfer and Transmissions Tran
• Art. 32(1) A registered ship or a share therein shall be transferred by a bill of sale. (2) The bill of sale shall co
• Art. 33Where a registered ship or share therein is transferred to a person qualified to own a Maltese ship, the trans
• Art. 34(1) Every bill of sale for the transfer of a registered ship or of a share therein to a pers on qualified to o
• Art. 35(1) Where the property in a r egistered ship or a share therein is transmitted on the death of any owner to a
• Art. 36Where the transfer or sale of any ship or share therein is ordered by a court, the order of the court shall co
• Art. 37(1) The Civil Court, First Hall, may, if it thinks fit (and without prejudice to the exercise of any other pow
• Art. 37A(1) Ships and other vessels constitute a particular class of moveables whereby they form separate and distinct
• Art. 37B( 1 ) A s h i p m a y c o n s t i t u t e s e c u r i t y f o r a d e b t o r o t h e r obligation either by a
• Art. 37C(1) All registered mortgages , any special privileges and all actions and claims to which a vessel may be subj
• Art. 37D(1) Subject to the provisions of this article, a registered mortgage and any finance charter instrument shall
• Art. 38( 1 ) A r e g i s t e r e d s h i p o r a s h a r e t h e r e i n m a y b e m a d e a security for any debt or
• Art. 39(1) On the production of a mortgage for registration the registrar shall record it in the register and assign
• Art. 39AThe mortgage or assignment of a mortgage of a Malta registered ship shall not be valid in respect of such ship
• Art. 39BA party to a mortgage registered in accordance with this Act, with the consent of the other party or parties,
• Art. 40(1) Upon the registration of any mortgage in the register the rights of any mortgag ee shall not be affected b
• Art. 41If there are more mortgages than one registered in respect of the same ship or share, the mortgagees shall, no
• Art. 42(1) Notwithstanding the provisions of article 256(2) of the Code of Organisation and Civil Procedure , in the
• Art. 43Repealed by article 25 of Act XXXVII of 1988 . Transfer of mortgages. Amended by: XXXVII. 1988.4; XXII. 2000.
• Art. 44(1) A registered mortgage of a ship or share may be transferred to any person by an instrument of transfer exe
• Art. 44A(1) It shall be lawful for the assignee of part of a debt or other obligation secured by a registered mortgage
• Art. 45(1) Where the interest of the mortgagee in a ship or share is transmitted by death, the person to whom the int
• Art. 45A(1) Where a registered mortgag e is amended the registrar shall on the production of the instrument of mortgag
• Art. 45BThe registered details relating to a mortgage in the event of a change in the name or address of the mortgagor
• Art. 46Where a registered mortgage is discharged the registrar shall, on the production of the mortgage deed, with a
• Art. 47A transfer or mortgage of a registered ship or share therein, and a transfer of a registered mortgage, shall h
• Art. 48(1) In case of loss of any regi stered mortgage instrument the registrar shall, at the reque st of the mortgag
• Art. 49A foreign mortgage shall be recognised as a mortgage with the status and all the rights and powers specified i
• Art. 49A(1) A mortgage may be registered over a ship that is under construction and any such mortg age shall operate i
• Art. 49B(1) The rights arising in favour of the lessor of a ship in a finance charter may be secured through the regis
• Art. 49C(1) Where a registered finance charter instrument is amended, the registrar shall on the production of the ins
• Art. 50The debts hereunder specified are secured by a special privilege upon the vessel, as well as any proceeds from
• Art. 51Where debts of a nature similar to the ones mentioned in paragraphs (a) to (p), both inclusive, of article 50
• Art. 52(1) The privilege granted to the seller for the price of the thing sold under the provisions of article 2009 (
• Art. 53(1) The seller of a vessel is bound to inform the purchaser of all privileged debts, and to furnish him with a
• Art. 54(1) Any ship repairer, shipbuilder or other creditor into whose care and authority a ship has been placed for
• Art. 54A(1) The debts specified in article 50 shall rank in the order therein set out and in preference to other hypot
• Art. 55(1) The Minister may make regulations enabling him to refuse the registry of any ship by the name by which it
• Art. 56(1) A ship shall not be described by any name other than that by which it is for the time being registered. (2
• Art. 57(1) Where a registered ship is so altered as not to correspond with the particulars relating to her tonnage or
• Art. 58For the purposes of the registry of an alteration in a ship, th e registrar shall enter the partic ulars of th
• Art. 59Repealed by article 32 of Act XXXVII of 1988 . Registry anew on change of ownership. Amended by: XXXVII. 1988.
• Art. 60Where the ownership of any ship is changed the registrar may, on the application of the owner of the ship, reg
• Art. 61(1) Where a ship is to be regi stered anew, the registrar shall proceed as in the case of first registry, and
• Art. 62Repealed by article 32 of Act XXXVII of 1988 . Restriction on re- registration of abandoned ships.
• Art. 63Where a ship has ceased to be registered as a Maltese ship by reason of having been wrecked or abandoned or fo
• Art. 64(1) Where under Part II and Part IIA of this Act any person is required to make a declaration on behalf of him
• Art. 65(1) Declarations required by Part II and Part IIA of this Act shall be made before a registrar or a commission
• Art. 66Repealed by article 32 of Act XXXVII of 1988 . Inspection of register and transcript and extract of register.
• Art. 67Saving any other provisions of this Act, a person may, on payment of such fee as may be prescribed, inspect an
• Art. 68(1) The following documents shall be admissible in evidence without the necessity of any proof of their authen
• Art. 69Deleted by Act I.2025. 36. Forgery and false declarations Forgery of documents. Amended by: XXXVII. 1988.4; XX
• Art. 70If any person forges or frau dulently alters, or assists in forging or fraudulently altering, or procures to b
• Art. 71If any person, in the case of any declaration made in the presence of or produced to a regi strar under this P
• Art. 72(1) The flag as set out in the Third Schedule to this Act, without any defacement or modification whatsoever,
• Art. 73(1) A registered ship shall hoist the Maltese flag on entering or leaving any foreign port and, if of fifty to
• Art. 74(1) No clearance shall be granted for any ship until the master of such ship has declared to the officer from
• Art. 75If a person uses the Maltese flag and assumes the Maltese national character on board a ship which is not a Ma
• Art. 76If the master or owner of a Maltese ship does anything or permits anything to be done, or carries or permits t
• Art. 77(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Act, a
• Art. 78Repealed by article 35 of Act XXXVII of 1988 . Inquiry into  title of ship  to be registered. Amended by: XX
• Art. 79(1) Where it appears to the Registrar-General that there is any doubt as to the title of any ship registered a
• Art. 80Repealed by article 35 of Act XXXVII of 1988 . Measurement of ship and Tonnage Tonnage regulations. Amended by
• Art. 81(1) The tonnage of any ship to be registered under this Act shall be ascertained in accordan ce with regulatio
• Art. 82Wherever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulation
• Art. 83(1) Whenever it appears to the Minister that the tonnage regulations of this Act have been adopted by any coun
• Art. 84All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships in acco
• Art. 84BWhenever it appears to the Minister that the provisions of the law of a State with regards to bareboat charter
• Art. 84C(1) Notwithstanding anything contained in article 4, a ship not eligible in terms of the said article to be re
• Art. 84DThe tonnage of a ship to be registered under this Part of this Act shall be ascertained in accordance with the
• Art. 84E(1) Subject to the provisions of sub-article (2) a ship shall be registered under this Part of this Act by the
• Art. 84F(1) The registrar, if satisfi ed that all conditions for registration specified in this Part and in other Part
• Art. 84H(1) At the request of the charterer or his authorised agent the registrar may extend and further extend the re
• Art. 84IA ship bareboat charter regist ered under this Part required to be issued with international convention certif
• Art. 84J(1) A ship registered under this Part of this Act shall be deemed to be a Maltese ship and except where otherw
• Art. 84K(1) This Act shall not assert any ownership rights over a ship registered under this Part of this Act and it s
• Art. 84MMortgages and encumbrances may not be registered under this Act in respect of a ship registered under this Par
• Art. 84N(1) The Minister may order that the registration of a ship under this Part of this Act shall be closed if it i
• Art. 84ONotwithstanding any other provision of this Act a Maltese ship registered under Part II of this Act may be bar
• Art. 84P(1) The Registrar-General may, under such conditions as he may deem fit to impose, give his consent referred t
• Art. 84Q(1) Subject to the provisions of sub-article (2) a ship registered under Part II of this Act shall be bareboat
• Art. 84RThe registration in a foreign bareboat charter registry of a ship registered under this Act not made in accord
• Art. 84S(1) Upon the bareboat charter registration of a Maltese ship in a foreign registry - (a) the owners shall imme
• Art. 84T(1) Unless otherwise provided for in this Part of this Act, the owners of a Maltese ship bareboat charter regi
• Art. 84UA Maltese ship bareboat char ter registered in a foreign registry shall, notwithstanding such registration, co
• Art. 84W(1) Notwithstanding that a Maltese ship may be bareboat charter registered in a foreign registry, all matters
• Art. 84X(1) The Registrar-General m a y w i t h d r a w t h e c o n s e n t referred to in article 84O, if a ny of the
• Art. 84YAll documents required by the registrar for the purposes of this Act shall be certified as required by the reg
• Art. 84Z(1) An organisation shall qualify as a shipping organisation under this Act if its principal objects are one o
• Art. 85Deleted by Legal Notice 128 of 2018 . Minister may declare a ship to be a tonnage tax ship.  Added by:  XXIV
• Art. 85ADeleted by Legal Notice 128 of 2018 . Exemption from Income Tax. Amended by: XXIV .1986.14; XXXVII.1988.37; X
• Art. 86(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010 ). Exemption from death and donatio
• Art. 87(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010 ) Exemption from duty on documents.
• Art. 88(Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010 ). Concessions at option of company
• Art. 88A( Deleted by Legal Notice 224 of 2004 as amended by Legal Notice 83 of 2010 ). PART IV MASTERS AND SEAMEN Cert
• Art. 89For the purposes of this Part of this Act, unless the context otherwise requires, the term ''certificate of co
• Art. 90(1) Every Maltese ship when going to sea from any place shall be provided with such number and description of
• Art. 91The Minister may by regulations prescribe: (a) the grades in respect of which certificates of competency shall
• Art. 95Deleted by Act I.2025. 40. Loss of certificate. 96. Repealed by Act XXXVII of 1990 . Production of certificate
• Art. 97Deleted by Act I.2025. 41. Forgery of certificates of competency. Amended by:  XIII. 1983.5; XXII. 2000.2;
• Art. 98If any person - (a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures
• Art. 99(1) The master is appointed and may be dismissed by the owner of the ship; and any agreement purporting to dep
• Art. 100(1) In the discharge of his duties the master shall be responsible for any negligence or misconduct even where
• Art. 102The master of every ship shall keep on board all the relevant certificates of the ship and its crew, as requir
• Art. 103(1) The master of every Maltese ship and the master of every ship carrying pa ssengers on any voyage to Malta
• Art. 104(1) Where a vessel sustains damage, or is stranded, abandoned or lost, or where owing to stress of weather or
• Art. 105(1) If during the progress of a voyage the master is dismissed, removed or superseded, or for any other reason
• Art. 106(1) Subject to the provisions of this article and notwithstanding the provisions of any other law or of any re
• Art. 107(1) There shall be included in every agreement with the crew a list of all persons under the age of eighteen y
• Art. 108(1) Subject to the provisions of this article, no person shall be employed in any capacity in any Maltese ship
• Art. 109(1) If any person is employed in any ship in contravention of any of the provisions of articles 106 and 108 or
• Art. 111Repealed by article 52 of Act XXII of 2000 . Engagement of seamen 68 CAP. 234.] MERCHANT SHIPPING Not lawful t
• Art. 112Repealed by article 53 of Act XXII of 2000 . Agreements with crew.  Amended by:  XIII. 1983.5; XXII. 2000.2
• Art. 113(1) The master of every Maltese ship, other than ships employed solely in navigation on the coasts of Malta, s
• Art. 114(1) An agreement with the crew shall be in a form approved by the Registrar-General and shall be dated at the
• Art. 115The following provisions shall have effect with respect to agreements with the crew: (a) the agreement shall (
• Art. 116To the extent that any terms or conditions adopted by the parties to an agreement with the crew are contrary t
• Art. 117The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement wit
• Art. 118If any person fraudulently alters, makes any false entry in, or delivers a false copy of, any agreement with t
• Art. 119Every erasure, interlineation, or alteration in any agreement with the crew (except additions made for the pur
• Art. 120In any legal or other proceeding a seaman may bring forward evidence to prove the con tents of any agreement w
• Art. 121Repealed by article 58 of Act XXII of 2000 . Deposit of list of the crew. Amended by:  XIII. 1983.5. Substi
• Art. 122The master shall, every time there are changes in the crew of a Maltese ship, deliver to the Registrar General
• Art. 122A(1) Except where otherwise provided in this Act, all correspondence, documents, form s or other writings shall
• Art. 122B(1) Where in the opinion of an appropriate inspector the crew of a Maltese ship consists of or includes person
• Art. 122C(1) Subject to the provisions of this article and notwithstanding the provisions of any other law or of any re
• Art. 123Repealed by Act XXXVII of 1990 . Certificated cooks for certain ships.  Amended by:  XIII. 1983.5; XXII. 20
• Art. 124Repealed by Act XXXVII of 1990 . Discharge of seamen Discharge. Amended by:  XIII. 1983.5; XXII. 2000.2, 60.
• Art. 125(1) When a seaman serving in a Maltese ship under an agreement with the crew is on th e termination of his eng
• Art. 126(1) The master of a Maltese ship shall sign and give to a seaman discharged from his ship at any place, either
• Art. 127Repealed by article 61 of Act XXII of 2000 . False or forged certificate of discharge. Amended by:  XIII. 198
• Art. 128If any person: (a) forges or fraudulently alters any certificate of discharge; or (b) assists in committing, o
• Art. 129(1) Where a Maltese ship is transferred or disposed of, any seaman or apprentice belonging to that ship shall
• Art. 129A(1) Except as hereinafter pro vided, every agreement with the crew shall be deemed to prov ide that the seaman
• Art. 130( 1 ) W h e r e t h e s e r v i c e o f a seaman or of an apprentice belonging to a Maltese ship terminates ot
• Art. 131All wages to which a seaman m ay be entitled, subject to deductions made in acco rdance with this Act, shall b
• Art. 132Repealed by article 65 of Act XXII of 2000 . Master to deliver account of wages.  Amended by:  XIII. 1983.5;
• Art. 134(1) Where a seaman is discharged, and the settlement of his wages completed, he shall sign a release, in a for
• Art. 136Deleted by Act I.2025. 52. Deduction and payment of fines due under agreement. Amended by: XXII. 2000.68.
• Art. 138A seaman’s right to wages and provisions shall be taken to begin at the time at which he commences work or at
• Art. 139(1) A seaman shall not by any agreement forfeit his rights on the ship, or be deprived of any remedy for the r
• Art. 140The right to wages shall not depend on the earning of freight; and every seaman and ap prentice who would be e
• Art. 141(1) Where by reason of the wreck or loss of the ship on which a seaman is employed his service terminates befo
• Art. 142Where the service of a seaman terminates before the date contemplated in the agreement by reason of his being
• Art. 143A seaman or apprentice shall not be entitled to wages for any time during which he unlawfu lly refuses or negl
• Art. 144When a seaman is by reason of illness incapable of performing his duty and it is proved that the illness has b
• Art. 145If a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof bef
• Art. 146As respects wages due or accruing to a seaman or apprentice to the sea service - (a) they shall not be subject
• Art. 147Where proceedings are instituted before any court in relation to any dispute between an owner, or bareboat cha
• Art. 148(1) The Minister may make regulations with respect to the crew accommodation to be provi ded in Maltese ships
• Art. 149(1) The Minister may make regulations requiring provisions and water to be provided for persons employed in Ma
• Art. 150(1) Where three or more members of the crew of a Maltese ship consider that the provisions or water provided f
• Art. 150A(1) If during the voyage of a Maltese ship the allowance of provisions provided for a person is less than that
• Art. 151Deleted by Act I.2025. 56. M E R C H A N T S H I P P I N G [CAP. 234. 81 Medical stores regulations. Amended b
• Art. 152(1) The Minister may make regulations protecting the health of persons on board Maltese ships and requiring Ma
• Art. 153(1) Notwithstanding the provisions of any other law the Minister may make regulations f or securing, as far as
• Art. 154(1) The Minister may charge such persons as he may deem proper (in this Act referre d to as “appropriate inspe
• Art. 155(1) If a seaman or ap prentice whilst on board states to the master of the ship his desire to make a complaint
• Art. 156If any seaman or apprentice b elonging to a Maltese ship dies while he belongs to that ship, the following pro
• Art. 157(1) If a seaman or apprentice belonging to a Maltese ship is left behind, the master of the ship shall - (a) a
• Art. 158(1) If the master of, or a s eaman or appren tice belonging to, a Maltese ship receives any hu rt or injury in
• Art. 159(1) If any of the expenses attendant on the illness, hurt or injury of a seaman or apprentice, which are to be
• Art. 160(1) The master of a Maltese ship shall not leave a seaman or an apprentice behind at any p lace, ashore or at
• Art. 161(1) Where a master of a Maltese ship leaves a seaman or an apprentice behind on shore at any place on the grou
• Art. 162Where the amount of wages due to a seaman or to an apprentice left behind on the ground of unfitness or inabil
• Art. 163The Minister may make regul ations with respect to the relief, maintenance and return to a proper return port
• Art. 164Where either - (a) any seaman or apprentice, whether a citizen of Malta or not, is found in any place and has
• Art. 165(1) Where any expenses (other than excepted expenses as defined by this article) are incurred by or on behalf
• Art. 166A person belonging to a Maltese ship shall not wrongfully force a seaman or an apprentice on shore and leave h
• Art. 167(1) A seaman or apprentice may be sent to a proper return port by any reasonable route. (2) Provision may be m
• Art. 168(1) Where a distressed seaman or apprentice is, for the purposes of his return to a proper return port, placed
• Art. 168A(1) Without prejudice to any other interpretation that may be given, other than for the purposes of this artic
• Art. 169(1) The master has authority over his crew, his passengers and persons on board, to enforce obedience to his l
• Art. 170If a master, seaman or appren tice belonging to a Maltese ship, by wilful breach of duty o r by neglect of dut
• Art. 171If a seaman lawfully engaged, or an apprentice to the sea service, belonging to a Maltese ship commits any of
• Art. 172Repealed by article 18 of Act XXIV of 1986 . General offences against discipline. Amended by: XXIV .1986.19;
• Art. 173(1) If a seaman lawfully enga ged, or an apprentice to the sea service, belonging to a Maltese ship commits an
• Art. 174If a seaman on or before being engaged wilfully and fraudulently makes a false statement of the name of his la
• Art. 175If any offence, within the meaning of this Act, of desertion or absence without leave or agai nst discipline i
• Art. 176(1) In every case of desertion from a ship in any port abroad the master shall produce the entry of the desert
• Art. 177The shipping master shall keep at his office a list of the seamen who, to the best of his knowledge and belief
• Art. 178(1) Whenever a question arises whether the wages or effects of any seaman or apprentice are forfeited for dese
• Art. 179(1) Save as hereinafter pro vided, any punishment not restrictive of personal liberty p rovided for by article
• Art. 180Any question concerning the f orfeiture of or deductions from the wages of a seaman or ap prentice may be dete
• Art. 181If a seaman contracts for wa ges by the voyage or by the run or by the share, and not by the month or other st
• Art. 182(1) If any person by any means whatever persuades or attempts to persuade a seaman or apprentice belonging to
• Art. 183Repealed by article 20 of Act XXIV of 1986. Stowaways and Seamen carried under compulsion Stowaways. Amended b
• Art. 184If a person secretes himself and goes to sea in a ship, or attempts to secrete himself in a ship to go to sea,
• Art. 185Every seafaring person whom the master of a ship is, under the authority of this Act or of any other law, comp
• Art. 186(1) The master of any ship arriving at any port in Malta with any stowaway on board shall, without delay, repo
• Art. 187Where a stowaway lands without such authority as aforesaid, the Minister may cause the stowaway to be taken ba
• Art. 188Where for any reason, except with the permission of the Minister, a person arriving in Malta in a ship as a st
• Art. 189(1) The master of any ship shall without delay give notice to the Minister, or to any customs or police office
• Art. 190(1) An official log shall be kept in every Maltese ship, other than a ship employed solely in navigation on th
• Art. 191The master of a ship for whi ch an official log book is required shall enter or cause to be entered in the off
• Art. 192(1) If an official log book is not kept in the manner required by this Act, or if any entry directed by this A
• Art. 193Deleted by Act I.2025. 70. M E R C H A N T S H I P P I N G [CAP. 234. 99 Official logs to be sent home in case
• Art. 194Deleted by Act I.2025. 70. Identity cards Issue of Maltese seaman’s card. Amended by: XXII. 2000. 78; I.202
• Art. 195(1) There shall be issued to every Maltese seaman, on application, an identity document to be known, and in th
• Art. 196Every person to whom a Maltese seaman’s card has been issued shall keep it in his safe custody and shall produ
• Art. 197(1) If a Maltese seaman’s card is lost, destroyed or defaced, the person to whom the card was issued shall, as
• Art. 198If any of the particulars en tered upon a Maltese seaman’s card shall become or be found to be incorrect, the
• Art. 199(1) No person (other than t he Registrar-General or a person authorised in that behalf by the Minister or by t
• Art. 200A Maltese seaman who has in his possession more than one Maltese seaman’s card or holds, in addition to a Malt
• Art. 201A person to whom a Maltese seaman’s card has been issued shall surrender it to the Registrar-General forthwith
• Art. 202Any person who comes into possession of a Maltese seaman’s card issued to some other person shall forthwith de
• Art. 203(1) Any person who contravenes or fails to comply with any of the provisions of article 196, of article 197(1)
• Art. 204This Part of this Act shall, unless the context or subject matter requires a different appl ication, apply to
• Art. 205The provisions of articles 113 to 120 (both inclusive), of articles 121 to 122C (both inclusive), of articles
• Art. 206(1) The provisions of this Part of this Act shall apply to fishing boats subject as in this article provided.
• Art. 206A(1) The Safety Convention shall, unless otherwise provided in any rules made under articles 207 to 212 (both i
• Art. 207(1) The Minister may make rules (in this Act referred as "construction and survey rules") prescribing requirem
• Art. 208( 1 ) T h e M i n i s t e r m a y , i n r e l a t i o n t o a n y s h i p s t o w h i c h this article applies
• Art. 209(1) The Minister may make rules (in this Act referred to as "radio rules") requiring ships to which this artic
• Art. 210(1) The Minister may make rules (in this Act referred to as "rules for direction-finders") requiring ships to
• Art. 211The Minister may mak e rules prescribing: (a) the requirements that radio navigational aids, other than direct
• Art. 212The Minister may in relation to any Maltese passenger ship make rules for any of the following matters: (a) fo
• Art. 213(1) Any rules made under articles 207, 208, 209 and 210 shall include such requirements, in regard to the matt
• Art. 214Where for the purpose of the issue of a certificate in respect of a ship under this Part of this Act a ship ha
• Art. 215(1) The owner of a ship which has been surveyed shall, within fourteen days after the re ceipt by him of a dec
• Art. 216(1) If the owner of a ship feels aggrieved by the declaration of survey of a ship surveyor, or an engineer sur
• Art. 217(1) If the Minister, on receipt o f declarations of survey in respect of a Maltese passenger ship, is satisfie
• Art. 218(1) If the Minister, on receipt o f declarations of survey in respect of a passenger ship to wh ich article 20
• Art. 219(1) If the Minister, on receipt o f declarations of survey in respect of a Maltese ship, not be ing a passenge
• Art. 220(1) If the Minister, on receipt o f declarations of survey in respect of a Maltese ship, not be ing a passenge
• Art. 221(1) If the Minister, on receipt o f declarations of survey in respect of a Maltese ship, not being a passenger
• Art. 221AWhere the Minister is satisfied that a cargo ship satisfies the requirements of the foregoing provisions of th
• Art. 222Where a ship complies with all the requirements of the construction and survey rules, rules for life-saving ap
• Art. 223(1) The Minister may request the government of a country to which the Safety Convention applies to issue in re
• Art. 224The issue of any certificate under the foregoing provisions of this Part of this Act shall be made in duplicat
• Art. 225(1) The owner or mast er of a ship in respect of which any certificate issued under the for egoing provisions
• Art. 226(1) A passenger ship certificate shall remain in force for a period not exceeding one year fro m its date of i
• Art. 227Any certificate issued by the Minister under the foregoing provisions of this Part of this Act shall be admiss
• Art. 228(1) The Minister may cancel any certificate issued in pursuance of the foregoing provis ions of this Part of t
• Art. 229Deleted by Act I.2025. 76. Posting up of certificates. Amended by:  XIII. 1983.5; XXII. 2000.2.
• Art. 230Deleted by Act I.2025. 76. Penalty for forgery of certificate or declaration. Amended by:  XIII. 1983.5; XXI
• Art. 231If any person - (a) knowingly and wilfully makes, or assists in making, a false or fraudulent declarat ion of
• Art. 232(1) No Maltese passenger ship shall proceed to sea on an international voyage unless there is in force in resp
• Art. 233(1) The owner or master of any ship to which article 207 applies shall not receive or have on board thereof, o
• Art. 234Where the Minister, for the pur pose of enabling persons to be moved from any place in conse quence to a threa
• Art. 235(1) If a Maltese passenger ship in respect of which a safety certificate is in force has on board a total numb
• Art. 236(1) It shall be the duty of the owner and master of every Maltese ship to see that his s hip is provided, in a
• Art. 237( 1 ) T h e m a s t e r o f e v e r y M a l t e s e s h i p s h a l l c a u s e t o b e entered in the officia
• Art. 238(1) If the master of a Maltese ship fails to cause an entry to be made in the official log book in contraventi
• Art. 239If any of the rules made in pursuance of article 212 is not complied with in relation to any Maltese passenger
• Art. 240(1) The master of every ship, whether a Maltese or a foreign ship, which carries any passenger to a place in M
• Art. 241(1) A surveyor of ships may inspect any ship for the p urpose of seein g t hat any ru les m ad e un der th e f
• Art. 242(1) The Minister, if satisfied - (a) that the government of any country has accepted, or denounced, the Safety
• Art. 243(1) The Minister may, at the request of the government of a country to which the Safety C onvention applies, i
• Art. 244(1) Where an accepted Safety Convention certificate is produced in respect of a Safety Convention passenger sh
• Art. 245(1) Where an accepted Safety Convention certificate is produced in respect of a foreign Safety Convention pass
• Art. 246(1) The master of every foreign Safety Convention ship shall produce to the officer fro m whom a clearance for
• Art. 247(1) The Minister may exempt any ships or classes of ships from any rules or regulations made under the foregoi
• Art. 248(1) Nothing in the foregoing provisions of this Part of this Act - (a) prohibiting or preventing a ship from p
• Art. 249For the purposes of the foregoing provisions of this Part of this Act - "international voyage" means a voyage
• Art. 250The following provisions of this Part of this Act, that is to say articles 251 to 276 (both inclusive), in thi
• Art. 251(1) The Minister may make rules in accordance with the load line provisions of this Act, and in making those r
• Art. 252(1) Subject to any exemption conferred by or under the load line provisions of this Act, no ship to which thos
• Art. 253(1) Where a ship to which the load line provisions of this Act apply, being a ship registered under this Act,
• Art. 254Where a ship to which the load line provisions of this Act apply, being a ship registered under this Act, is m
• Art. 255(1) Where a ship to which the load line provisions of this Act apply, being a ship registered under this Act,
• Art. 256Where a certificate, issued in pursuance of the last preceding article and for the time being in force, is pro
• Art. 257(1) The load line rules may make provision for determining the period during which any certificate issued unde
• Art. 258(1) Subject to any exemption conferred by or under the l o a d l i n e p r o v is i on s o f t h i s A c t , n
• Art. 259(1) Where a certificate is i ssued under article 255 - (a) the owner or the bareboat charterer of the ship sha
• Art. 261(1) This article applies to any foreign ship which, being a ship to which the load line provisions of this Act
• Art. 262(1) Subject to the next following sub-article and to any exemption conferred by or under the load line provisi
• Art. 263(1) Where a foreign ship to which the load line provisions of this Act apply is within any port in Malta and i
• Art. 264(1) Where a ship to which the load line provisions of this Act apply, not being a ship regi stered under this
• Art. 265(1) Subject to any exemption conferred by or under the load line provisions of this Act, before a foreign ship
• Art. 266(1) Subject to the following pro visions of this article, a ship surveyor or engineer surveyor may inspect any
• Art. 267(1) If in the opinion of the Minister the sheltered nature and conditions of international voyages - (a) betwe
• Art. 268(1) In this article any reference to exempting a ship is a reference to exempting a ship either - (a) from all
• Art. 269(1) Where the Minister exempts a ship under the last preceding article, he shall issue the appropriate certifi
• Art. 270(1) The load line rules may make provision for determining the period during which any exemption conferred und
• Art. 271(1) The load line rules may make such provision as appears to the Minister to be appropriate for securing that
• Art. 272Where in pursuance of the law of any country made for the purpose of giving effect to the international conven
• Art. 273(1) The Minister may make regulations (in this Act referred to as the "deck car go regulations") prescribing r
• Art. 274Articles 224, 227, 229 and 231 shall have effect in relation to any certificate issued under the load line pro
• Art. 275(1) The Minister, if satisfied - (a) that the government of a country has accepted, or has denounced the Load
• Art. 276(1) For the purposes of the load line provisions of this Act, except in so far as the context otherwise requir
• Art. 277(1) This article applies to M altese ships being either - (a) ships to which the load line provisions of this
• Art. 278(1) For the purposes of articles 278 to 283C of this Act a ship is an “unseaworthy ship” or “unsafe ship” or i
• Art. 279(1) If any person sends or attempts to send, or is a party to sending or attempting to send, a ship to sea in
• Art. 280(1) In every contract of service, express or implied, between the owner or bareboat charterer of a ship and th
• Art. 281(1) Where it appears to the Registrar-General that a Maltese ship, being in any port in or outside Malta, or a
• Art. 282(1) Any question as to whether any of the matters specified in relation to a ship in a detention notice in pur
• Art. 283(1) If on a reference under arti cle 282 of this Act relating to a detention notice in relation to a ship - (a
• Art. 283A(1) If a ship is detained or ha s her certificate of registry suspended in accordance with article 281, the ow
• Art. 283B(1) If a Maltese ship, being in any port in or outside Malta, or a foreign ship, being at a port in Malta, is
• Art. 283C(1) It shall be the duty of the owner of a ship to which this article applies to take all reasonable steps to
• Art. 285(1) The Minister may make rules for regulating in the interests of safety the carriage of dangerous goods in s
• Art. 286(1) A person shall not send or attempt to send by any vessel, whether Maltese or foreign, and any person not b
• Art. 287A person shall not knowingly send or attempt to send by, or carry or attempt to carry in, any vessel, whether
• Art. 288(1) The master, or the owner, o r the bareboat charterer of any vessel, whether Maltese or foreign, may refuse
• Art. 289(1) Where any dangerous goods have been sent or carried, or attempted to be sent or carried, on board any vess
• Art. 290(1) Where grain is loaded on board any Maltese ship, or is loaded within any port in Malta on board any ship,
• Art. 291The provisions of this Part of this Act relating to the carriage of dangerous goods shall be deemed to be in a
• Art. 292(1) The Minister may make regulations for the prevention of collisions at sea and in navigable waters (in this
• Art. 293(1) All owners or bareboat charterers and masters of ships shall observe the collision regulations, and shall
• Art. 294(1) A surveyor of ships may inspect any ship, whether Maltese or foreign, for the purpose of seeing that the s
• Art. 295(1) In every case of collision between two vessels, it shall be the duty of the master or person in charge of
• Art. 296(1) In every case of collision in which it is practicable so to do, the master of every ship shall, immediatel
• Art. 297Whenever it is made to appea r to the Minister that the government of any foreign country is willing that the
• Art. 298(1) A sea-going passenger ship shall have her compasses properly adjusted from time to time to the satisfactio
• Art. 299A person shall not unduly increase the weight on the safety valve of any ship and, if he does so, he shall, in
• Art. 300(1) The master of any Maltese ship, on meeting with dangerous ice, a dangerous derelict, a tropical storm, or
• Art. 301(1) The Minister may make rules prescribing what signals shall be used by Maltese ships as signals of distress
• Art. 302No Maltese ship, being a ship of over one hundred and fifty tons gross tonnage, shall proceed to sea unless th
• Art. 303(1) No person on any Maltese ship shall, when the ship is going ahead, give a helm or steering order containin
• Art. 304Deleted by Act I.2025. 90. Obligation to assist vessels in distress.  Amended by:  XIII. 1983.5; XXII. 2000
• Art. 305(1) The master of a Maltese ship, on receiving at sea a signal of distress or information from any source that
• Art. 306( 1 ) T h e m a s t e r o r p e r s o n i n c h a r g e o f a M a l t e s e v e s s e l shall, so far as he ca
• Art. 307(1) When a Maltese ship has sustained or caused any accident occasioning loss of life or any serious injury to
• Art. 308(1) If the owner, or the person to whom is entrusted the management, of a Maltese ship has reason, owing to th
• Art. 308A(1) The Minister may make regulations as appear necessary to give effect to any provision of any of the follow
• Art. 309Deleted by Act I.2025. 92. Additional equipment for emigrant ships. Amended by:  XIII. 1983.5; XXII. 2000.2.
• Art. 311Deleted by Act I.2025. 92. PART VII SPECIAL SHIPPING IN QUIRIES AND COURTS Inquiries and investigations as to
• Art. 312A shipping casualty shall be deemed to occur where - (a) any ship is or is supposed to have been lost, abandon
• Art. 313(1) A preliminary inquiry respecting a shipping casualty may be held by such person as is appointed by the Min
• Art. 314(1) A person authorised as aforesaid to make a preliminary inquiry shall, in any case where it appears to him
• Art. 315(1) The court shall hold the formal investigation with the assistance of one or more assess ors of nautical, e
• Art. 316(1) A duplicate of the report made following a formal investigation, verified and certified by the registrar o
• Art. 317(1) Where in connection with any shipping casualty criminal proceedings are taken against any person before th
• Art. 318The Minister may suspend or cancel the certificate or the recognition of a certificate of any master, mate or
• Art. 319(1) If the Minister has reason to believe that any master, mate or engineer is from any incompetency or miscon
• Art. 320(1) The Civil Court, First Hall, may remove the master of any Maltese ship if that removal is shown to the sat
• Art. 321(1) The certificate or the reco gnition of a certificate of a master, mate or engineer may be cancelled or sus
• Art. 322(1) A master, mate or engineer whose certificate, or the recognition of whose certificate, is cancelled or sus
• Art. 323The Minister may, if he thinks that the justice of the case requires, re-issue and return the certificate, or
• Art. 324(1) Where a certificate recognised for the purposes of this Act under Part IV thereof has been cancelled or su
• Art. 325(1) The Minister may, in any case where under this Part of this Act a formal investigation into a shipping cas
• Art. 326(1) The court of survey shall consist of a chairman sitting with two assessors. (2) The chairman shall be a ma
• Art. 327(1) The court of survey sha ll hear every case in open court. (2) The chairman of the court may appoint any co
• Art. 328(1) If the Minister is of opinion that an appeal to the court of survey involves a question of construction or
• Art. 329The Minister may make general rules - (a) for carrying into effect the provisions of this Act relating to form
• Art. 330In this Part of this Act, unless the context otherwise requires- "wreck" includes jetsam, flotsa m, lagan and
• Art. 332Where any person finds or takes possession of any wreck within the limits of Malta, or finds or takes possessi
• Art. 333(1) Where a vessel is wrecked, stranded or in distress on the coasts of Malta or at sea with in the territoria
• Art. 334If any person takes into any foreign port any vessel stranded, derelict, or otherwise in distress, found on th
• Art. 335Where the receiver of wreck takes possession of any wreck, he shall as soon as convenient cause to be publishe
• Art. 336(1) The owner of any wreck in the possession of the receiver of wreck, upon establishing his claim to the sati
• Art. 337The receiver of wreck may at any time sell any wreck in his custody, if in his opinion - (a) it is under the v
• Art. 339Where any vessel is sunk, stranded or abandoned on or near the coasts within the terri torial jurisdiction of
• Art. 340The provisions of this Part of this Act relating to removal of wrecks shall apply to every article or thing or
• Art. 341T h e p o w e r s c o n f e r r e d b y t h i s P a r t o f t h i s A c t f o r t h e removal of wrecks shall
• Art. 342(1) Where services are rendered wholly or in part within Maltese waters in saving life fro m any Maltese or fo
• Art. 343(1) Where any vessel, whether Maltese or foreign, is wrecked, stranded or in distress at any place on or near
• Art. 344For the purpose of the salva ge provisions of this Act - (a) the liability of the owner to pay salvage shall e
• Art. 345(1) The amount and apportionment of salvage, whether of life or property, and also any question whether the se
• Art. 346(1) Where salvage is due to any person under this Act, the receiver of wreck may - (a) if the salvage is due i
• Art. 347Subject to the provisions of this Part of this Act, and to any other exclusion or limitation provided by law i
• Art. 348The owners of a Maltese ship shall not be liable to make good, to any extent whatever, any loss or damage happ
• Art. 349(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Amount to which liability
• Art. 350(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Limitation to apply to eac
• Art. 351(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Cases where articles 349 a
• Art. 352(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Extension of exclusion or
• Art. 353(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Unregistered ships and shi
• Art. 354(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Power of court to consolid
• Art. 355(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). M E R C H A N T S H I P P
• Art. 356(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Release of ship.357. (Not
• Art. 358(Not applicable as from 1st March, 2004 - vide Legal Notices 361 and 447 of 2003 ). Apportionment of liability
• Art. 359For the purposes of the following provisions of this Part of this Act, "freight" includes pass age money and h
• Art. 360(1) Where by the fault of two or more vessels damage or loss is caused to one or more of those vessels, their
• Art. 361Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of tha
• Art. 362Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of tha
• Art. 363(1) There shall be a Registrar-General of Shipping and Seamen to be appointed by the Authority who shall, subj
• Art. 364(1) The Authority may also appoint registrars for the purposes of this Act in such number as the Authority may
• Art. 365(1) Every registrar shall keep a record to be called the register and there shall be made therein all such ent
• Art. 366The Registrar-General with the consent of the Minister may, for carrying into effect the provisions of this Ac
• Art. 367(1) For the purposes of this Act, a surveyor of ships is a person fit to be a surveyor of ships appointed, eit
• Art. 368(1) A surveyor of ships in the execution of his duties and functions may go on board any ship at all reasonabl
• Art. 369(1) Surveyors of ships shall make such returns to the Registrar-General as the Registrar-General may require w
• Art. 370Deleted by XIV . 2006.104. Detention of ships.  Amended by:  L.N. 148 of 1975;  XIII. 1983.5; XXII. 2000.2
• Art. 371(1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval
• Art. 371AWhere the Authority has reason to believe that any person is being kept in custody on board any merchant ship
• Art. 371B(1) If the magistrate finds that the person aforesaid is being kept in custody under a written order made by t
• Art. 371CWhere, upon a declaration on oath made before him by the master of the ship or by any other person, the magist
• Art. 371D(1) If the prisoner is being kept in custody on board a foreign merchant ship, not under a written order of a
• Art. 371EIt shall also be lawful for the magistrate, at any time until he forwards his report to the President of Malta
• Art. 371FThe maintenance of any person conveyed to a public prison in any of the cases mentioned in the foregoing artic
• Art. 371GIn no case shall any such person be kept in custody in Malta, whether on board any ship, or in a public prison
• Art. 371HIf it appears from the magistrate’s report that the circumstances are not such as to justify the making of an
• Art. 371IWhere the person aforesaid, before an order is made by the President of Malta for his discharge, escapes from
• Art. 372Where an offence under this Act is committed by an association or body of persons, every person who at the tim
• Art. 372A(1) All penalties contemplated by any provision of this Act may be fixed and imposed by the Registrar-General.
• Art. 372BThe Registrar-General shall serve a demand note upon the person upon whom a fine is imposed and if payment is
• Art. 372CThe term “unit” with reference to any fine ( multa ) that may be imposed under this Act shall be equivalent to
• Art. 373Where it has been made to app ear to the Minister that the government of any foreign countr y is desirous that
• Art. 374(1) Without prejudice to the powers conferred by the foregoing provisions of this Act, the Minister may make r
• Art. 375(1) For the purposes of the Ratification of Treaties Act , the Government of Malta is hereby empowered to rati

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