Seafarer’s Competency of Seaworthiness

• Main Authors: LIN,HSING-LIN, 林幸臨
• Other Authors: 林文里
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/z888r4

碩士 === 南臺科技大學 === 財經法律研究所 === 107 === Abstract This study focuses at the competence of seafarer. The competence of seafarer is a partition of seaworthiness which is about the liability of the carrier or ship owner shall be bound, before and at the time of the commencement of the voyage, to exercise due diligence to proper man. This study searched the competence of seafarer about： 1. Laws and regulations and others and three cases of my country. 2. International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW) 1978，Amended in 2010，(STCW 2010) 3. International Convention on Standards of Training, Certification, and Watchkeeping for Fishing Vessel Personnel, 1995, (STCW-F 1995) 4. Other regulations or codes formulated by International Maritime Organization. Article 6 (3) of the Seafarer Act："Anyone who has been convicted under final and unappealable judgment of a violence under the Act Governing the Control and Prohibition of Gun, Cannon, Ammunition, and Knife, the Punishment of Smuggling Act or the Drug Prevention and Control Act, and sentenced to 6-month imprisonment or above shall not be a seafarer. " infringed on the exclusive right of seafarer. It is not advisable to give a professional training exemption for the seafarers of the high speed ship. It is not appropriate to take the onboard training record book as the statutory requirement for issuing a certificate of competence. From the perspective of the actual experience of the merchant ship seafarer, how to judge the seaworthiness of the seafarer should be the Mandatory standards regarding provisions of the annex to the STCW Convention. The ISM Code is an international standard for ship safety operations and pollution prevention. It is not a seaworthiness judgment standard. The documents formulated according to the ISM Code are only written evidence when seaworthiness judgment. According to the seafarer's experience of actually working on fishing vessels and participating in Professional training for crew officers, and compared the differences with the relevant literature. Recreational fishing vessel should be defined as "substantial passenger ship" and enhance the training intensity of the seafarer. At present, seafarers face difficulties are the cadet practice on board and employment. It was recommended that the authorities create a national seafarer’s human resources management company. Keywords: seafarer、competence、seaworthiness、STCW 2010、STCW-F 1995、IMO、ISM Code、Recreational fishing vessel