747.30
Federal Law on Navigation under the Swiss Flag
(Navigation Act)
of 23 September 1953 (Status as at May 2001)
__________________________________________________________________________
The Federal Assembly of the Swiss Confederation,
in accordance with article 24ter, article 64 and article 64 bis of the Federal Constitution1 ,
after examination of a dispatch from the Federal Council of 22 February 1952 2 ,
herewith enacts the following:
Part One: General provisions and authorities
Section One: General principles
Art. 1
Swiss law and
international law
Navigation under the Swiss flag shall be subject to Swiss law insofar as it is
compatible with the principles of international law.
Art. 2
Swiss seagoing ves- 1
sels
Swiss seagoing vessels shall be understood to be ships that have been entered
in the Register of Swiss Seagoing Vessels (hereinafter the «Swiss ship register»).
2
The sole port of registration for Swiss seagoing vessels shall be Basel. 3
Art. 3
1
Swiss flag at sea
The Swiss flag may only be flown by Swiss seagoing vessels. Swiss seagoing
vessels shall fly nothing but the Swiss flag.
2
The Swiss flag bears a white cross in a red field. Its shape and proportions
shall correspond to the sample shown in the Appendix hereto.
Art. 4
1
Scope of
On the high seas Swiss federal law alone shall apply on board Swiss seagoing
application of Swiss
vessels. In territorial waters Swiss federal law shall apply on board Swiss sealaw
going vessels provided that the riparian State does not declare its law to be
compulsorily applicable. In the event of shipwreck, Swiss law shall apply to the
same extent to the survivors.
2
Criminal offences under the Swiss Penal Code 4 and other penal provisions of
1
SR (Classified Compilation of the Federal Law) 101
BBl (Federal Journal) 1952 I 253
3
Wording in accordance with the Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
2
1
the Confederation that have been committed on board a Swiss seagoing vessel
shall, however, be subject to Swiss law irrespective of the place where the
vessel was at the time the offence was committed.
3
The penal provisions hereof shall apply irrespective of whether the offence
was committed in Switzerland or abroad.
4
The offender shall not be liable for punishment in Switzerland:
-
if he was acquitted of the felony or misdemeanour by a final decision
taken abroad;
-
if the penalty imposed on him abroad for the offence has been enforced,
discharged or barred by statute of limitations.
5
If the penalty has only been partially enforced abroad, the portion already enforced shall be credited to the offender.
Art. 5
Ordinances of the
Federal Council
1
The Federal Council shall enact the provisions necessary for the imple mentation hereof.
2
The Federal Council may enact supplementary provisions if they arise from
those international agreements or internationally stipulated rules that are applicable to navigation under the Swiss flag.
3
If the standard amounts or the units of account for the limitation of liability are
modified in international agreements or if substantial and lasting changes occur
in the valuation or calculation bases, the Federal Council may reduce or
increase the standard amounts for liability (Art. 49, 105, 118 and 126) or fix
them in other units of account and stipulate the procedure for conversion into
the local currency. 5
Art. 6
Extraordinary
measures
1
The Federal Council may take any suitable measures which are necessary:
a
to prevent the safety or neutrality of the Confederation being endangered by or international difficulties arising as a result of flying the
Swiss flag at sea;
b
to place Swiss navigation at the service of the economic supply of the
country.
2
For this purpose, the Federal Council may, in particular, requisition or expropriate Swiss seagoing vessels against payment of reasonable indemnification. The Swiss Federal Court alone shall decide in the event of disputes as to
the amount of the indemnification.
3
Should it adopt other measures, the Federal Council may fix the indemnification according to the circumstances if as a result of such measures the seagoing
vessels cannot be profitably used for other purposes and if substantial loss or
damage has occurred. The indemnification shall be paid to the shipowner,
operator or carrier by sea.
4
5
SR 311.0
Added by the Federal Law of 20 March 20 1987 (Section I), in effect since 1 February 1989
2
operator or carrier by sea.
Art. 7
Application of the
law by the Court
1
In the event that the Federal legislation, in particular in respect of this law or
the aforementioned international agreements, does not contain any applicable
provision, the Court shall decide in accordance with the generally recognised
principles of maritime law. If such principles do not exist, the Court shall decide in accordance with the rule that it as legislator would lay down, taking into
consideration legislation and custom, legal writings and judicial precedents in
maritime countries.
2
The Court shall be unrestricted in its consideration of the evidence. Entries
made by the master in logbooks, registers, records and reports shall also be
subject to this free right of appraisal.
Section Two: the Authorities
Art. 8
Supervision
1
Navigation under the Swiss flag shall be subject to the superintendence of the
Federal Council.
2
Direct supervision shall be the responsibility of the Federal Department of
Foreign Affairs, which will exercise such supervision through the Swiss Navigation Office.
3
The Swiss Navigation Office shall implement the provisions on navigation
under the Swiss flag in accordance with the instructions of the Federal Department of Foreign Affairs and shall supervise the application thereof. The Navigation Office shall report to the Federal Department of Foreign Affairs.
Art. 9
Swiss Maritime
Navigation Office
1
The Swiss Maritime Navigation Office shall have its main office in Basel and
shall fulfil its obligations with respect to Swiss seagoing vessels through its
own officials or through the Swiss consulates.
2
For this purpose, the Swiss Maritime Navigation Office may operate directly
with the Swiss consulates and consuls as well as with the authorities and representatives of foreign States.
3
Owners, operators and masters of Swiss seagoing vessels shall have a duty at
any time to provide information which the Swiss Maritime Navigation Office
requires and demands in order to fulfil its responsibilities. The Swiss Maritime
Navigation Office may carry out inspections on board Swiss seagoing vessels.
Art. 10
Swiss ship register 1
The Swiss ship register shall have its main office in Basel and shall keep the
register in which Swiss seagoing vessels and rights in rem in such vessels are
entered.
2
The legislation of the Confederation in respect of a ship register shall be
applied by analogy to the setting up and keeping of the Swiss ship register
provided said law and the relevant ordinances do not contain any provisions
3
provided said law and the relevant ordinances do not contain any provisions
contrary hereto. 6
Art. 11
Organisation of
offices; liability
1
The Federal Council shall be responsible for the organisation and administration of both offices and shall fix the fees for the services of said offices and of
the Swiss consulates.
2
The Confederation shall be liable for any loss or damage caused by measures
or instructions of said offices, in particular arising from the keeping of the
Swiss ship register. The Confederation shall have a right of recourse against the
officials and employees who are at fault.
Art. 12
Delegation
1
In consultation with the government of the relevant canton, the Federal Council may transfer the mana gement of both offices or some of their individual
obligations to a canton’s administration.
2
In such a case, provided they are acting in accordance herewith, the officials
and employees shall be subject to the Federal laws in respect of their employment relationship and their liability.
Section Three: Jurisdiction
Art. 13 7
Administrative
jurisdiction
1
Appeal proceedings against decisions of the Swiss Navigation Office shall
comply with the general provisions relating to federal jurisdiction.
2
The Federal Supreme Court shall be the only court of appeal in the event of an
appeal against decisions made by the Swiss Seagoing Vessels Registration
Office.
Art. 14
Civil jurisdiction
1
Irrespective of the place of domicile of the defendant, Basel shall be the competent place of jurisdiction for all actions in rem with respect to a vessel entered
in the Swiss ship register.
2
For all claims arising out of unauthorised acts carried out on board a Swiss
seagoing vessel and for all other civil actions hereunder, Basel shall be the
competent place of jurisdiction provided no other jurisdiction in Switzerland is
stipulated.
3
Basel shall be the competent place of jurisdiction for actions in connection
with proceedings to limit the liability of the ship operator or for confirmation by
the Court of a general average adjustment.
Art. 15
Criminal juris6
7
1
Criminal offences committed on board a seagoing vessel as well as criminal
New wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
Wording in accordance with the Federal Law of 17 December 1976 (Section I), in effect since 1 August 1977
4
diction
offences punishable hereunder shall be prosecuted and judged by the authorities
of the canton of Basel Stadt provided said authorities are not subject to the
jurisdiction of the Federal Supreme Court or of a court martial. The Canton of
Basel Stadt shall be entitled to receive the fines imposed in accordance herewith.
2
In the event of a contravention hereunder, the Swiss Maritime Navigation
Office shall be the authority reporting said contravention.
3
The authorities of the canton of Basel-Stadt shall have a duty to submit to the
Office of the Attorney General of Switzerland all penal judgements and orders
to dismiss proceedings issued hereunder.
Art. 16
Rights of the parties
In civil and criminal proceedings the parties may use any of the three official
Swiss languages and be represented or defended by an attorney of Swiss
nationality licensed in accordance with the Federal Law of 16 December 1943
on the administration of justice.
Part Two: Swiss Seagoing Vessels
Section One: Registration of Seagoing Vessels
Art. 17
I. General
conditions
1
Seagoing vessels may be entered in the Swiss ship register only if they are
used or intended for the commercial conveyance of persons or goods or for
another commercial activity at sea. Furthermore they must comply with the
requirements herein with respect to ownership, financial funds, admission for
sea navigation, name and procedure. 8
2
Every registration or deletion shall be published by the Swiss Seagoing Vessels Registration Office in the Schweizerisches Bundesblatt (Federal Journal)
and in the Schweizerisches Handelsamtsblatt (Swiss Official Gazette of Commerce). 9
Art. 18
II. Public corporations and
institutions
Seagoing Vessels owned by the Confederation, the cantons and Swiss public
corporations and institutions must be entered in the Swiss ship register.
Art. 19 10
III. Companies
under private law
1. Right of registration
Sole proprietorships and commercial companies and co-operatives that are
entered in the Swiss Commercial Register and that comply with the provisions
of articles 20 to 24 may have their seagoing vessels entered under their name in
the Swiss ship register provided their registered office and the actual centre of
their business activities are located in Switzerland.
8
Wording in accordance with Sec. 1 of the Federal Act of 20 March 1987 (Section I), in effect since 1 February
1989
9
Originally paragraph 3, paragraph 2 having been repealed by the Federal Act of 17 December 1976 (Item I)
10
Wording in accordance with the Federal Act of 18 December 1992 (Item I), in effect since 1 June 1993
5
Art. 20 11
2. Nationality and
residence
Unless otherwise provided for by international law, the Federal Council shall
stipulate the conditions of nationality and residence that must be fulfilled by
natural persons, sole proprietors, corporate members, limited partners, shareholders, members of a co-operative or other joint owners, as well as by all the
managers of a general or limited partnership or of a limited liability company.
Art. 21 12
3. Administration
and supervisory
bodies
Unless otherwise provided for by international law, the Federal Council shall
stipulate the conditions of nationality and residence that must be fulfilled by the
board and management of a company limited by shares, a limited partnership, a
limited liability company or a co-operative as well as by the persons in charge
of supervising these companies.
Art. 22
4. Shares and
contributions in a
company
1
All shares must be registered shares. Subject to compliance with the Swiss
Code of Obligations (CO)13 , the company may refuse its consent to the transfer
of registered shares, particularly if the acquirer does not fulfil the conditions of
this Act or the ordinances enacted on the basis hereof. 14
2
Membership of a co-operative may neither be inherited nor assigned even by
transfer of share certificates.
3
In order to be valid, a lien, a right of usufruct or any other right in a share or
company contribution shall require the approval of the company and must be
entered in the share register or register of contributions.
Art. 23 15
5. Participating
companies and
creditors
The Federal Council shall determine, in terms of articles 20 and 21, the conditions that are to be fulfilled by commercial companies or corporate bodies that:
a.
participate as corporate members, limited partners, shareholders,
members of a cooperative, or as other joint owners in the commercial
undertakings of the Swiss shipowner;
b.
have rights in such commercial undertakings as creditors for invested
funds of Swiss origin, as usufructuaries or in any other manner;
c.
act as supervisory bodies.
Art. 24 16
6. Financial
resources
1
Unless otherwise provided for by international law, the Federal Council shall
lay down regulations relating to the financial resources required from the shipowner as well as the origin of the borrowed funds invested in his seagoing
vessel.
11
Wording in accordance with the Federal Act of 18 December 1992 (Item I), in effect since 1 June 1993
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
13
SR 220
14
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
15
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
16
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
12
6
2
A shipowner must have funds of his own corresponding to at least twenty per
cent (20%) of the book value of the seagoing vessel that is registered in his
name. For each new seagoing vessel to be registered the purchase price shall be
deemed to be the first book value.
3
In the event of losses, the Federal Council shall determine to what extent and
for how long the private funds may fall short of the minimum amount stipulated
in paragraph 2.
Art. 25 17
7. Compliance certificate
The Swiss Maritime Navigation Office shall issue a certificate provided the
conditions set out in articles 18 to 24 are fulfilled.
Art. 26
8. Control
1
Within nine months following the end of each business year, the Swiss shipowner shall submit to the Swiss Maritime Navigation Office a special audit
report showing that the legal requirements have been fulfilled. This audit report
must be prepared by an auditing association or by an accountancy firm recognised as an auditor for this purpose by the Federal Council. 18
2
The Federal Council may, with regard to this audit, lay down special rules
relating to the keeping of the registers and books as well as to the fees for the
work of the auditor.
Art. 27
9. Rectification pro- 1
cedure
In the event that the legal requirements are no longer fulfilled due to a change
of nationality or domicile, the devolution of inheritance, or any other reason,
the shipowner or his legal successor shall have thirty (30) days to comply with
these requirements, starting from the day of non-compliance.
2
In the event that the conditions cannot be met by the expiry of the foregoing
period of time or if the parties concerned do not make use of the means of rectification available to them, the Swiss Maritime Navigation Office may, provided
the deficiency continues to exist, invalidate the compliance certificate and order
the sea pass to be withdrawn until the conditions are again met. The Federal
Council must be notified of this measure.
3
In the event that the requirements are still not complied with after an additional three months, the Federal Council may order that the seagoing vessel be
deleted from the Swiss ship register or, if it is necessary for the economic supply of the country, may order the sale thereof at a public auction. In this case,
the award may only be made to a bidder who can prove by means of a certificate issued by the Swiss Maritime Navigation Office that he meets the legal
requirements. The Confederation may participate in the auction. The authorities
of the Canton of Basel-Stadt shall have jurisdiction with regard to the auction.
Art. 28
10. Protection of
the participants
17
18
1
In the event that a member of a general or a limited partnership fails to meet
or no longer meets the legal requireme nts, the remaining members, provided
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
Wording in accordance with the Federal Law of 14 December 1965 (Section 1) in force since 1 January 1967
7
the participants
a) Joint ownership
or no longer meets the legal requireme nts, the remaining members, provided
that they jointly hold at least one half of the capital of the partnership and that
they fulfil the legal requirements, may, on expiry of a twenty-day (20) period
for amicable settlement without a settlement being reached, immediately exclude the member in default from the partnership, continue the business, and
reclaim the share of the member in default as part of the company assets.
2
In the event in other cases of joint ownership that a joint owner or co-owner
does not meet or no longer meets the legal requirements, the remaining parties
concerned may at any time, under the same conditions with respect to their
participation, personal eligibility and compliance with deadlines, dissolve the
joint or co-ownership, assume ownership of the seagoing vessel and buy out the
defaulting joint or co-owner.
3
In the case of an inheritance where several co- heirs are present, those who
fulfil the legal requirements shall have a prior right over other co- heirs or
communal property participants to the ownership of the seagoing vessel, the
partnership interest, or the company shares or contributions of the testator. The
authority responsible for the organisation of the administration of the estate
shall immediately take the necessary measures to maintain Swiss ownership of
the seagoing vessel.
Art. 29
b) Corporate bodies 1
In the event that a shareholder or a member of a limited partnership or of a
limited liability company no longer fulfils the legal requirements, his shares or
company contributions shall be sold by auction provided the remaining shareholders or members jointly hold at least one half of the capital and for their part
meet the legal requirements.
2
On application by the company and on expiry of a twenty-day period for amicable settlement without settlement being reached, the court shall, in accelerated proceedings, order the sale by auction. The court shall determine whether
the auction shall be public or shall be held only among the other participants.
The award may be made only to a bidder who can prove, by means of a certificate issued by the Swiss Maritime Navigation Office, that he meets all the legal
requirements.
3
The shareholder affected by the auction must submit his share certificates
immediately to the auction authority. In the event that he fails to do so, the
court, at the request of the company, shall declare the share certificates null and
void immediately and without prior public notice. The court at the location of
the registered office of the company shall have jurisdiction to order the sale by
auction and the declaration of invalidity.
4
In the event that a member of a co-operative no longer fulfils the legal
requirements, he may be excluded from the co-operative.
Art. 30
IV. Licensing for
navigation
1. Permission
1
A seagoing vessel shall be licensed for navigation solely on the basis of a
permit from the Swiss Maritime Navigation Office.
8
a) in general19
2
A licence for navigation may be granted only to seaworthy seagoing vessels
with a minimum capacity of 300 GRT that have been classified by a company
recognised by the Swiss Maritime Navigation Office 20 .
2bis
In exceptional cases the Swiss Maritime Navigation Office may admit for
navigation vessels with a capacity of less than 300 GRT provided that the
registration is justified by a specific Swiss interest. 21
3
After hearing the groups concerned and in accordance with maritime navigation practice, the Federal Council shall issue the regulations necessary for the
classification of Swiss seagoing vessels. 22
Art. 30a 23
b) Inland navigation
vessels going to sea
The Swiss Maritime Navigation Office may set out the safety conditions and
issue the documents necessary for specific sea voyages of an inland navigation
vessel entered in a Swiss ship register that also goes to sea in connection with a
commercial shipment of goods on inland route. The foregoing procedure shall
subject to the regulations of the country in whose coastal waters the vessel
travels.
Art. 31
2. Repairs and
equipment
1
A seagoing vessel entered in the Swiss ship register shall at all times fulfil the
conditions under which it was licensed for navigation.
2
The Swiss Maritime Navigation Office shall ensure that these conditions are
fulfilled at all times. In the event that non-compliance is established, the shipowner shall be given a reasonable period of time to carry out the necessary
repairs or provide the necessary equipment.
3
In the event that the shipowner does not carry out the necessary repairs or
provide the necessary equipment within the stipulated period of time or in the
event that such repairs and equipment prove to be inadequate, the Swiss Maritime Navigation Office shall cancel the licence for navigation and order the
withdrawal of the sea pass.
Art. 32
V. Name of the ves- 1
sel
Every Swiss seagoing vessel shall bear a name, which shall be placed in the
customary form on the stern and on both sides of the bow.
2
The name of the vessel must be clearly distinguishable from the names of
other Swiss seagoing vessels and shall require the approval of the Swiss Maritime Navigation Office.
3
The name of the port of registration shall be placed in one of the three official
Swiss languages on the stern below the name of the seagoing vessel.
19
Wording in accordance with the Federal Act of 20 March 1987 (Section I), in effect since 1 February 1989
Wording in accordance with the Federal Act of 18 December 1992 (Section I), in effect since 1 June 1993
21
Added through the Federal Act of 18 December 1992 (Section I), in effect since 1 June 1993
22
Originally paragraph 4, paragraph 3 having been cancelled by the Federal Act of 17 December 1976 (Section
I)
23
Added by the Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
20
9
Art. 33
VI. Registration
procedure
1. Application
1
The entering of the seagoing vessel in the Swiss ship register shall be effected
upon application of the owner.
2
The Federal Council shall determine the particulars to be mentioned in the
application as well as the supporting documents to be submitted with the application. 24
3
Any change in the facts indicated shall be reported by the shipowner immediately to the Swiss Seagoing Vessel Registration Office, which will inform the
Swiss Maritime Navigation Office.
Art. 34 25
2. ...
Art. 35 26
VII Non
commercial
navigation
1
In exceptional cases, the Federal Department of Foreign Affairs may grant the
right to have a ship entered in the Swiss ships register to a person, commercial
company or corporate body that fulfils the requirements of articles 20 and 21
and that uses the ship for philanthropic, humanitarian, scientific or cultural
purposes. The Department shall determine the conditions for such registrations
in each individual case. 27
2
The Federal Council may, by means of an ordinance, provide for yachts to be
entered in a Swiss register and determine the prerequisites for their registration,
the effect thereof and the legal position of these yachts. It may also authorise
the Swiss Maritime Navigation Office to regulate the granting of a Swiss certificate of competence to yachtsmen.
3
The Federal Council may, by means of an ordinance, determine that under
special conditions a flag confirmation can be issued even for ships which may
not be entered in the Swiss Register of Yachts.
Art. 36
VIII. Voluntary
deletion
1
The deletion of a vessel from the Swiss ship register shall require the consent
of the Federal Council. Such deletion may be refused only if the vessel is necessary for the econo mic supply of the country.
2
In the event that the Federal Council refuses the deletion, the Confederation
must at the request of the shipowner purchase the vessel at the market price,
unless the Federal Council orders that the vessel be sold at public auction in
accordance with Article 27, paragraph 3. The owner of the vessel may submit
his request for purchase at the same time as his deletion request and at the latest
within 30 days of the refusal of deletion. The purchase by the Confederation
must be effected or the order to sell at auction must be issued within 30 days of
receipt of the request, but at the earliest following the refusal of the deletion. 28
24
Wording in accordance with the Federal Law of December 18, 1992 (Section I), in effect since June 1, 1993
Repealed by the Federal Act of 18 December 1992 (Section I)
26
Wording in accordance with the Federal Act of 20 March 1987 (Section I), in effect since 1 February 1989
27
Wording in accordance with the Federal Act of 18 December 1992 (Section I), in effect since 1 June 1993
28
Wording in accordance with the Federal Act of 20 March 1987 (Section I), in effect since 1 February 1989
25
10
3
The transaction for the changing hands of the seagoing vessel shall be null and
void if consent is not given to deletion.
Section Two: Rights in rem to Seagoing Vessels
Art. 37
Ownership and
restricted rights
in rem
1
Subject to any provisions hereof to the contrary, the federal legislation on ship
registers shall apply to the ownership of and restricted rights in rem to Swiss
seagoing vessels.
2
The Swiss Seagoing Vessel Registration Office shall register the purchaser of
a vessel in case of ownership transfer only if a certificate of compliance is produced.
3
A mortgage may only be entered in the Swiss ship register if the Swiss Maritime Navigation Office attests to the fulfilment of the conditions laid down by
article 24 paragraph 1 concerning the origin of the borrowed funds. 29
4
An usufruct may be recorded in the Swiss ship register only in favour of a
beneficiary who proves with a certificate issued by the Swiss Maritime Navigation Office that he fulfils the conditions set forth in articles 18 to 23. The
regularisation procedure shall apply by analogy.
Art. 38
Liens and
mortgages
1
The liens set forth in the International Convention of April 10, 1926 for the
unification of individual rules relating to liens and mortgages on seagoing
vessels are statutory liens without registration and rank ahead of the liens
entered in the Swiss ship register. The provisions of articles 1 to 13 of the
Convention shall apply to the origin, content, scope and effects of these
statutory liens.
2
The statutory liens terminate upon the satisfaction of the claims secured, upon
the forced sale of the seagoing vessel or when the requirements of articles 9 and
10 of the International Convention are met.
Art. 39
Unilateral redemp- 1
tion of a lien
In the event that the seagoing vessel is sold by private contract, the Swiss
Seagoing Vessel Registry Office will upon the request of the purchaser call
upon the creditors of claims secured by a statutory lien without registration, on
basis of a notice published twice in the Federal Journal (Bundesblatt) and in the
Swiss Official Gazette of Commerce (Schweizerisches Handelsamtsblatt) to
submit to the Office for the attention of the purchaser within a period of time of
at least 1 month following publication of the second notice a declaration as to
whether they also wish to lay the lien against the purchaser.
2
The lien creditor who allows this period to expire without submitting a declaration shall lose his lien on the seagoing vessel; its place shall be taken by a
statutory lien without registration against the purchase price claim of the seller,
insofar as it is still owing.
29
Wording in accordance with Federal Law of 18 Dec. 1992 (Section 1), in effect since 1 June 1993
11
insofar as it is still owing.
Art. 40
Effect of deletion
1
The deletion of a vessel from the Register affects only its nationality.
2
Following the deletion of the vessel from the Register the entries shall remain
for the purposes of maintaining the private rights.
Section Three: the Sea Pass
Art. 41
Nature, scope and
content
1
Every Swiss seagoing vessel shall be provided with a sea pass.
The sea pass shall certify that the vessel is authorised and obliged to fly the
Swiss flag. The sea pass shall serves to identify the ship; for this purpose, it
shall contain the name of the operator and the essential details of the entries
made in the Swiss ship register.
2
3
The term of validity, which may not exceed 5 years, shall be mentioned in the
pass. On deletion of the seagoing vessel from the Register the sea pass shall in
each case lose its validity.
4
The permission for navigation and the issuing of the sea pass shall not constitute a concession by the authority.
Art. 42
Issuing and return
1
The sea pass shall be issued by the Swiss Maritime Navigation Office. The sea
pass may be handed over only to a Swiss Operator.
2
In the event that the sea pass is entered in the Swiss ship register, the Swiss
Maritime Navigation Office may by way of exception issue through a Swiss
consulate a provisional sea pass with a maximum term of validity of 3 months.
3
Every sea pass, including provisional passes, shall be returned by the operator
to the Swiss Maritime Navigation Office upon the expiry of its term of validity
or in the event that a new sea pass has been issued prior to expiry.
Art. 43
Extension, amend- 1
ment, replacement
Provided the conditions for the entering a ship in the Swiss ship register are
satisfied, the sea pass must be extended, amended or replaced in accordance
with the circumstances.
2
The Swiss consulates are authorised to extend or amend sea passes in accordance with the instructions from the Swiss Maritime Navigation Office.
3
Sea passes that have been lost shall be declared invalid by the Navigation
Office. The declaration of invalidity shall be published in both the Federal
Journal and the Swiss Official Gazette of Commerce.
4
The Swiss Maritime Navigation Office shall issue a new pass when the vessel
changes its owner or operator or in the event that the sea pass has become unusable or if it has been declared invalid.
12
Art. 44
Revocation of the
sea pass
The Swiss Maritime Navigation Office shall have the right to revoke the sea
pass or refuse its extension or replacement only in the cases set forth under
articles 27, 31, 46 and 91 para. 1. The foregoing shall be subject to any measures taken by the Federal Council in terms of article 6, and to the right of the
debt collection and bankruptcy authorities to confiscate the sea pass.
Part Three: Navigation Operations
Section One: the Operator
Art. 45
Definition of opera- 1
tor
The operator is the person who has possession of a seagoing vessel as owner,
beneficiary or charterer and who operates the said vessel in maritime navigation.
2
The operator must equip, man and provision the vessel. He shall appoint and
dismiss the master. Subject to his statutory powers and obligations, the operator
shall be free to determine the duties of the master.
Art. 46
Swiss operator
1
The operator of a Swiss seagoing vessel, even if he is not the owner of the
ship, must comply with the conditions laid down for owners in articles 18 to 23
as well as those of the Federal Council in relation to the origin of the capital
invested in the company. Similarly, he must comply with provisions concerning
the nationality of the crew. 30
2
Irrespective of the instructions issued by the operator in relation to the use of
the seagoing vessel, the maritime navigation business must be managed from
Switzerland by an organisation properly established with regard to Swiss interests and which is able to implement or order and to supervise the operational
measures required in terms of article 45, para. 2. The master shall at all times be
subject to the instructions of the Swiss operator with respect to all matters
concerning the possession and command of the ship.
3
In the event that these conditions are no longer satisfied, the Swiss Maritime
Navigation Office must allow a period of at least 30 days within which the
operator must comply with the conditions again. In the event that the conditions
have not been fulfilled on the expiry of this period, the Swiss Maritime
Navigation Office may order the revocation of the sea pass.
Art. 47
Operational safety
of the vessels
1
After hearing the groups concerned and with due consideration to the international agreements and navigation practices, the Federal Council shall issue the
required regulations concerning equipment, crew and safety of seagoing vessels
and on the protection of human life.
2
In the event that the operator of a Swiss seagoing vessel fails to comply with
these provisions, article 31 shall apply by analogy.
30
Wording in accordance with Federal Law of 18 December 1992 (Section 1), in effect since 1 June 1993
13
Art. 48
Liability of the
operator
1
The operator shall be liable for any loss or damage caused to a third party by a
crew member, a pilot or any other person working on board the seagoing vessel
and exercising his duties, unless he demonstrates that that such persons were
not at fault. He shall however be liable to persons who claim contractual
damages for the same reasons only to the extent of such claims. 31
2
The operator may have recourse against the person responsible for damage to
the extent that such person is himself liable in damages. In the event that the
operator is the charterer of the vessel, he shall have a right of recourse against
the owner of the vessel only for concealed structural defects or inadequate
maintenance of the vessel prior to the chartering.
3
The operator of a tanker shall be liable for any loss or damage due to pollution
in accordance with articles 1 to 11 of the International Convention of 29
November 1969 on civil liability for damage caused by hydrocarbons and with
the related protocols of 19 November 1976 and 27 November 1992, as soon as
the same have come into force. 32
Art. 49 33
Limitation of
liability
1
The provisions of articles 1 to 13 of the International Convention of 17 November 1976 on the limitation of liability of owners of seagoing vessels shall
apply to limit the liability of the shipowner and of the operator as well as the
liability of the shipper and carrier. The aforementioned provisions shall also
apply to contracts covering the use of a seagoing vessel. 34
1bis
In the case of loss or damage due to hydrocarbons, the limitation of liability
shall be determined by the International Convention of 29 November 1969 on
civil liability for damage by hydrocarbons and to the related protocols of 19
November 1976 and 27 November 1992, as soon as the same have come into
force. 35
2
Fault on the part of the shipowner; operator, charterer or carrier that justifies
the exclusion of the limitation of liability must be proved by the party who
asserts the existence of such fault.
Art. 50 36
Procedure
An ordinance issued by the Federal Council sha ll determine the procedure and
the periods of time allowed for implementing the provisions on the limitation of
liability.
31
Wording in accordance with Federal Law of 14 December 1965 (Section I) in effect since 1 January 1967
Added through Federal Law of 20 March 1987 (Section 1). Wording in accordance with Federal Law of 22
March 1996 (Section 1) in effect since 1 November 1997
33
Wording in accordance with Federal Law of 14 December 1965 (Section 1) in effect since 1 January 1967
34
Wording in accordance with Federal Law of 20 March 1987 (Section 1) in effect since 1 February 1989
35
Wording in accordance with Federal Law of 22 March 1996 (Section 1) in effect since 1 November 1997
36
Wording in accordance with Federal Law of 14 December 1965 (Section 1) in effect since 1 January 1967
32
14
Section Two: The Master
Art. 51
Command of the
vessel
1
The master appointed by the operator shall be authorised and obliged by law
to command the seagoing vessel.
2
The master shall be present on board the vessel and personally assume command for the entire duration of the voyage, except when he disembarks from
the vessel in a port as may be necessary or customary.
3
In the event that the master is required to disembark from the vessel or if he is
prevented from carrying out his duties, the highest ranking deck officer who is
longest-serving in that rank shall be authorised and obliged by law to command
the vessel.
4
Whoever exercises actual command on board a seagoing vessel shall by law
be subject to the duties and the responsibilities of the master in terms of the
civil and criminal law.
Art. 52
Nautical operation of 1
the vessel
The master alone shall be responsib le for operation of the seagoing vessel.
2
The master shall operate the seagoing vessel in accordance with the recognised rules of navigation and in compliance with the international conventions
and generally recognised navigation practices as well as the regulations of
countries whose territorial waters the vessel enters.
3
The master must ensure that the vessel is in a seaworthy condition and that it
is properly equipped, manned and provisioned for the entire duration of the
voyage.
Art. 53
Safety on board
1
The master must in accordance with current practices take all the necessary
measures in order to protect and safeguard the interests of the ship owner, the
operator, the crew, the passengers and those participating in the loading. The
master shall see to proper stowage in accordance with good seamanship.
2
In cases of emergency, the master shall immediately take all the necessary
measures to protect life, the vessel and the cargo. However, before he takes any
exceptional measure, he must, provided the circumstances permit, obtain the
approval of the operator.
Art. 54
Discipline on board
and hiring of the
crew
1
All persons on board shall subject to the power of command of the master, the
substance and extent of which shall accord with the rules and practices generally recognised in maritime law. The master shall be responsible for order on
board and shall exercise disciplinary powers.
2
The master shall be responsible for hiring the crew unless the owner reserves
this duty for himself. In the event however that the number of deck or engine
room crew falls below the minimum requirement for safe manning, the master
15
room crew falls below the minimum requirement for safe manning, the master
shall be obliged to hire the necessary replacements as soon as possible.
Art. 55
Representative
authority
1
The master shall be the legal representative of the operator. Any limitation of
such representative authority shall be invalid with regard to third parties acting
in good faith. However, the master shall have no authority to sell or mortgage
the vessel.
2
In the exercise of his commercial duties, the master must comply with the
instructions of the operator. In accordance with existing practices, he shall
inform the operator about all matters concerning the vessel and the cargo.
3
Legal disputes that concern the vessel must be reported immediately by the
master to the operator. Provided the operator does not participate through another authorised representative in the dispute, the master shall represent the
operator as plaintiff or defendant before the court. 37
Art. 56
Civil law duties38
1
The master shall record births and deaths occurring on board the vessel by
entry thereof in the ship's log and shall hand over an extract from the ship's log
to the nearest Swiss consulate. The latter shall forward the extract to the Swiss
Maritime Navigation Office, marked for the attention of the Federal Office of
Status. 39
2
Births and deaths of Swiss citizens occurring on board Swiss seagoing vessel
shall be recorded in the birth and death registers of their places of origin, and
the deaths and births of foreign citizens that have not been registered abroad
shall be entered in the birth and death register of the canton of Basel-Stadt. 40
3
In the event that a person dies on board a Swiss seagoing vessel, the master
shall take any available items forming part of the estate in accordance with an
inventory to be drawn up by him and another crew member into his custody as
well as any testamentary disposition, and hand them over to the nearest Swiss
consulate.
Art. 57
Competence in
criminal matters
1
In the event of a criminal act being committed on board, the master shall have
the powers of an examining magistrate and shall carry out the preliminary investigation until the competent authority intervenes.
2
For this purpose, he shall conduct any investigations that should not be delayed and shall, if necessary, effect the preliminary arrest of suspects, a search
of the passengers and seamen and a confiscation of any objects that may serve
as evidence. Articles 62 to 65, 69 and 74 to 85 of the Federal Law of 15 June
1934 on criminal procedure shall apply by analogy.
3
The master shall draw up a report on his investigations and the results thereof.
He shall retain his report, the records of interviews with any witnesses, and any
37
Wording in accordance with Federal Law of 14 December 1965 (Section 1), in effect since 1 January 1967
Wording in accordance with Federal Law of 18 December 1992 (Section 1), in effect since 1 June 1993
39
Wording in accordance with Federal Law of 14 December 1965 (Section), in effect since 1 January 1967
40
Wording in accordance with Federal Law of 14 December 1965 (Section 1), in effect since 1 January 1967
38
16
He shall retain his report, the records of interviews with any witnesses, and any
items of evidence, and shall make the same available to the competent authority. He shall also notify the Office of the Public Prosecutor of the Canton of
Basel-Stadt and the nearest Swiss consulate of such evidence and documents.
4
The Federal Council may enact special procedural provisions.
Art. 58
Ship’s documents
1
The master shall ensure that the documents required to identify the vessel, the
crew, the passengers and the cargo are on board. In particular he shall be
responsible for the maintena nce of the deck and the engine room logs.
2
All navigational, meteorological and other significant events during the voyage shall be chronologically entered in the deck log by indicating the exact
time of their occurrence and recording. The entries shall be made on a daily
basis provided circumstances permit. The signature of the ship’s officer in
charge of keeping the deck logs shall certify the correctness of the entries; the
master shall verify the entries and countersign.
3
Whoever demonstrates a justified interest may, through the Swiss Maritime
Navigation Office and against payment of the cost thereof, obtain an extract
from the deck log as well as copies of the minutes, reports and other documents
drawn up by the master or the crew.
Art. 59
Contact with consul- 1
ates
In the event that there is a Swiss consulate in the port entered by the vessel or
where the voyage is ending, the master must advise the consul of the arrival of
the vessel and inform him in due time of its departure.
2
Until the departure of the seagoing vessel, the master shall keep the ship's
documents available for the inspection of the consulate.
3
At the master’s request, the consulate shall be authorised on behalf of the
Swiss Confederation to ask the competent authorities of a foreign state to give
legal assistance.
Part Four: the Crew
Section one: General provisions
Art. 60
Composition
1
Members of the crew are the master and the seamen serving on board and
entered as such in the shipping articles (muster roll).41
2
Ship's officers are seamen who have a corresponding certificate of qualification and have been hired in such capacity.
3
If it is necessary in order to protect Swiss interests, the Swiss Maritime Navigation Office may, at any time and without indication of grounds, order the
dismissal of a crew member. The Confederation shall reimburse any losses
incurred by the dismissed member or the operator unless the dismissal is due to
fault on the part of the operator or the seaman.
41
Wording in accordance with Federal Law of 18 December 1992 (Section 1), in effect since 1 June 1993
17
fault on the part of the operator or the seaman.
Art. 61
Citizenship and
vocational training
1
The Federal Council may issue regulations on the required minimum number
of masters and seamen of Swiss nationality on board Swiss seagoing vessels. 42
2
The Confederation may support the vocational training of Swiss masters and
seamen. The Federal Council shall determine the measures. 43
Art. 62
Vocational requirements
1
Anyone who holds a valid passport or an equivalent certificate of identity and
proves his qualification for the intended service may be hired, subject to article
61, 1st paragraph, as crew member of a Swiss seagoing vessel.
2
Seamen may be hired as ship's officers for the deck, engine room or wireless
service of a Swiss seagoing vessel only if they have a certificate of qualification for the intended service issued by the Swiss Maritime Navigation Office or
by the competent authorities of another seagoing country.
3
A person may be appointed master of a Swiss seagoing vessel only if holding
a master's licence issued or recognised by the Swiss Maritime Navigation
Office.
Art. 63 44
1
Labour and social
insurance legislation
On board Swiss vessels, the Swiss legislation on labour and social insurance
shall apply to each crew member unless exceptions or derogations are provided
for by law, international agreements or by the Federal Council.
2
The Federal Council, with due consideration to international conventions and
the navigation practices and after hearing the groups concerned, shall enact
provisions relating to:
a.
the minimum age of a crew member;
b.
the health requirements to be fulfilled by anyone being hired;
c.
the working hours, vacation and public holidays;
d.
board and lodging on board.
Art. 64
Shipping articles
1
The master shall keep the shipping articles (muster roll) in the form prescribed by the Swiss Maritime Navigation Office.
2
Every seaman hired on board a Swiss seagoing vessel shall be entered in the
shipping articles before the vessel leaves the port where the seaman was hired.
The entry shall give the personal details of the seaman, his position on board
and the conditions and certificates on the basis of which he was hired.
3
In the event that the employment of the seaman on board is terminated, the
master must delete his name from the shipping articles and indicate the circum42
Wording in accordance with Federal Law of 18 December 1992 (Section 1), in effect since 1 June 1993
Wording in accordance with Appendix of Federal Law of 5 October 1990 (Section 17) on financial help and
compensation, in effect since 1 April 1991
44
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since February 1989.
43
18
master must delete his name from the shipping articles and indicate the circumstances.
4
Whoever is on board without providing any services shall be entered by the
master in the shipping articles unless he is listed among the passengers.
Art. 65
Signing on and
signing off
1
The signing on of a seaman shall be effected whenever possible on board the
seagoing vessel, in the absence of employment agents but in the presence of a
Swiss consul.
2
The master or another authorised representative of the operator and the seaman hired shall sign the entry in the shipping articles.
3
After signature by the parties, the consul shall declare the signing on valid by
affixing his stamp of approval in the shipping articles. In the event that there is
no Swiss consulate in the port of signing on, the entry in the shipping articles
must be submitted to the nearest consulate for approval.
4
The signing off shall be effected in the same manner as the signing on. In the
event that the consul suspects that a seaman has been improperly deleted from
the shipping articles, he shall report the matter to the Swiss Maritime Navigation Office.
Art. 66 45
Swiss seaman’s
book
1
Every Swiss crew member of a Swiss seagoing vessel will receive a seaman's
book issued in his name by the Swiss Maritime Navigation Office. This book
may be also be given to a Swiss crew member on board a foreign seagoing
vessel. A seaman’s book or a similar document may also be given to a Swiss
citizen who needs it specifically in order to perform other activities at sea.
2
At the time of signing off, the master shall enter in the seaman's book the
nature and duration of the work performed on board.
Art. 67
Serving on board
1
Serving on board of Swiss seagoing vessel shall not result in any change in
domicile.
2
The Swiss Maritime Navigation Office may issue shipboard regulations for
service on board Swiss seagoing vessels in order to regulate the medical examination, personal hygiene and customary care on board as well as the conduct of disciplinary measures. The shipboard regulations shall require the approval of the Federal Council.
3
Every crew member of a Swiss seagoing vessel shall receive a copy of the
Swiss regulations for seamen when he is signed on. The Swiss regulations for
seamen shall be drawn up by the Swiss Maritime Navigation Office and shall
contain the main provisions applicable to seamen.
45
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since February 1989
19
Section Two: Contract of Hire
Art. 68
Application of Swiss 1
law
The provisions governing the contract of hire shall apply to all seamen and
women serving on board Swiss seagoing vessels irrespective of the ir nationality.
2
The Swiss Code of Obligations 46 shall apply to the contracts of hire of seamen
for Swiss seagoing vessels unless the provisions hereof stipulate otherwise. The
following articles of the Code of Obligations, however, shall not apply: article
333a on consulting the employee’s representatives in the event of business
transfer, article 335d to 335g on mass dismissals and article 336 paragraph 3. 47
Art. 69
Signing of a contract 1
The contract of hire may be drawn up for a specific period of time, for one or
more voyages, or for an indefinite period. If a contract of hire that has been
drawn up for a specific period of time or for several voyages lasts longer than
one (1) year, the contract shall be deemed to have been drawn up for an indefinite period of time.
2
The contract of hire shall require to be made in writing in order to be valid.
Each party shall be entitled to receive a copy of the contract. The copy intended
for the seaman shall be handed over to him at the latest upon his being hired.
3
The effects of a contract of hire shall commence at the latest on the embarkation of the seaman.
Art. 70
Content of the contract of hire
46
47
The contract of hire shall clearly and unambiguously set forth the rights and
obligations of both parties and in particular shall record:
a.
the last name, first names, date of birth, place of birth and nationality
of the seaman, and for Swiss citizens, the place of origin;
b.
the place and date of the hiring and of the commencement of service;
c.
the name of the vessel or vessels on which the seaman is to serve;
d.
the voyage or voyages which are to be carried out insofar as they can
already be determined at the time of the signing on;
e.
the service for which the seaman is hired;
f.
a reference to the legislation covering working hours, holidays as well
as health and occupational accidents insurance;
g.
the amount of the pay and the currency in which it is to be paid;
h.
the remuneration for allowable overtime;
SR 220
Second sentence added in the Federal Law of 17 December 1993 (Section II), in effect since 1 May 1994
20
i.
the termination of the contract and particularly the periods of notice.
Art. 71
Duty of the crew
1
Every crew member shall carry out the work taken on with due care. He shall
be liable for any damage that he causes intentionally or through negligence.
2
The seaman shall show his master and other superiors respect and obedience.
He shall follow the orders given and conform to the accepted practices.
3
In the event of danger at sea, the seaman shall give all the assistance required
of him to save people, ship or cargo.
Art. 72
Exceptional work
1
The master may order the seaman to carry out work other than that stipulated
in the contract of hire if special circumstances require this in the interests of
uninterrupted navigation. In such case the pay may not be reduced.
2
If the seaman is required to carry out work that is more demanding than that
for which he was hired, he shall be entitled to a corresponding increase in his
pay for the duration of such work.
3
Ship's officers may not be constrained to do any work that, according to
accepted practice, is incompatible with their position.
Art. 73
Indemnification and 1
hire
The seaman shall be entitled to the pay stipulated and overtime pay, where
applicable, as well as to board and lodging on board ship.
2
For every hour of overtime work, the seaman shall be entitled to remuneration
that is 25% higher than his hourly wage calculated on the basis of the stipulated
pay. 48
3
The Federal Council shall determine by ordinance in what cases a fixed nonrecurring payment for overtime work may be stipulated in a hire contract. 49
Art. 74
Termination and
suspension of entitlement to pay
1
The entitlement to the pay shall begin at the latest on the day of signing on.
2
The pay is to be paid out at the end of each month and at the latest on the day
of signing off, any advance payments being deducted.
3
For the period of time during which the seaman is unable to fulfil his duties
because he is in detention or because of self- inflicted unfitness for work, he
shall not be entitled to pay.
4
If the seaman is unable to work because of illness or accident, the right to pay
shall be suspended for the period of time during which the seaman receives a
daily allowance.
48
49
Wording in accordance with the Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with the Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
21
Art. 75
Special remuneration 1
If during a voyage the number of crew members should for any reason drop
below the prescribed or usual number, any seamen who have to carry out additional work shall be entitled to share the pay saved thereby in proportion to the
additional work performed by each of them, unless the said additional work has
been already remunerated as overtime. 50
2
Remuneration for assistance and salvage shall accrue, after deduction of the
extra operating costs and damages, on a fifty-fifty basis to the operator and the
crew. The share devolving upon the crew shall, as a rule, be distributed in proportion to the entitlements to hire. However, the specific performance of the
individual members of the crew shall be taken into account.
Art. 76
Payment to seamen
1
The master shall keep the pay book in which every payment made to a seaman shall be entered, indicating the currency and the rate of exchange.
2
The seaman shall acknowledge receipt of each payment by signing the corresponding entry in the pay book. In addition, a written statement shall also be
given to the seaman.
3
No payments may be made to seamen in bars or taverns.
Art. 76a 51
Transfer of employ- 1
ment contract
In the event that the employer transfers the business to a third party and
arranges with him for the taking over of the employment contract, the said
contract shall be transferred with all the rights and obligations to the acquirer
on the day of the business transfer, unless the employee refuses such transfer.
2
In the event that transfer is refused, the employment contract shall terminate
according to the statutory period of notice. The acquirer of the business and the
employee shall have a duty to adhere to the contract until the end of the said
period of notice.
3
The previous employer and the acquirer of the business shall be jointly and
severally liable for those claims on the part of the employee which became due
before the transfer or which subsequently become due up to the statutory end of
the contract or, in the event of a refusal of the trans fer, up to termination
thereof by the employee.
4
Furthermore, the employer shall not be entitled to transfer to a third party any
rights arising out of the employment contract unless it is so arranged or results
from the circumstances.
Art. 77
Termination of a
contract of hire
50
51
1
In the event that a contract of hire that has been entered into for a specified
period of time expires during a voyage, the contract shall be extended until the
arrival of the vessel in the next port.
Wording in accordance with the Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Added by virtue of the Federal Law of 17 December 1993 (Section II), in effect since 1 May 1994
22
arrival of the vessel in the next port.
2
A contract of hire which has been entered into for an indefinite period of time
may be cancelled by either party at any time by giving written notice twentyfour (24) hours in advance. If the period of notice comes to an end during a
voyage, the contract shall be extended until the arrival of the vessel in the next
port. Longer periods of notice may be stipulated in the contract of hire. The
periods of notice shall be the same for both parties.
3
Each party may at any time terminate the contract of hire immediately for
good cause. In addition to the exa mples of good cause cited in employment
contract law, the following cases in particular shall be deemed to constitute
good cause: breach of the health and labour regulations by the operator or
master, misuse of the power of command or of disciplinary authority, felonies,
misdemeanours and contraventions committed at sea, serious breaches of discipline, and if the seaman has to be taken ashore owing to illness or accident, or
if the statutory requirements stipulated for hire are no longer fulfilled.
Art. 78
Exceptional extension of contract
1
If in a port of signing off the Swiss consulate or, in the absence of a consulate,
the competent local authority finds that it is impossible to hire a suitable
replacement, the departing seaman shall remain in the ship's service for a
maximum of an additional three (3) months, his contractual pay thereby
increasing by 25%.
2
In the event that a contract of hire terminates in a port in which the seaman is
unable to disembark on account of orders or sanctions imposed by the local
authorities, the contract of hire shall be extended by law under the existing
conditions until arrival at the next port in which the seaman may be signed off.
The foregoing extension may not exceed two (2) months.
3
If the seaman is unable to disembark before the end of such period of time, the
Swiss Maritime Navigation Office shall take over the case.
Art. 79
Payment to depend- 1
ants
In the event that a Swiss seagoing vessel, having been deemed to be lost, is
deleted from the Register, the hire contracts of the seamen shall terminate upon
expiry of one month from the time that the vessel was last heard from. After the
deletion of the seagoing vessel, the operator shall pay the hire owing up to that
time to the Swiss Maritime Navigation Office.
2
If a crew member has died, is reported missing, or has disappeared under
circumstances that give rise to a presumption of death, the operator shall remit
the outstanding pay to the Swiss Maritime Navigation Office.
3
The Swiss Maritime Navigation Office shall hold the amounts received and
make them available to the persons entitled thereto.
Art. 80
Certificate
1
Every crew member may ask the master to issue a certificate stating only the
nature and duration of the service performed on board.
2
For Swiss citizens this certificate shall be entered in the seaman's book at the
23
time of signing off.
3
Furthermore, on special request, the seaman shall be issued with a certificate
showing the quality of his work and his behaviour.
Art. 81
Conciliation and
arbitration proceedings
1
In the event of disputes arising from the hire contract, the Swiss consulates
shall at the request of either of the parties take steps, free of charge, to reach an
amicable settlement. A record shall be kept of the conciliation proceedings and
submitted to the Swiss Maritime Navigation Office.
2
The contract of hire may stipulate that disputes arising from the contract
including repatriation are to be decided by the nearest Swiss consul acting as an
arbitrator. Any other arbitration agreement shall be null and void. Proceedings
conducted before the consul shall be free of charge.
Section Three: Social Security
Art. 82
Repatriation right
1
A seaman who is to be disembarked shall be entitled to be brought back to the
place where he was hired at the expense of the operator unless he has himself
cancelled the contract of hire or the contract has been cancelled for good cause
for which he is responsible.
2
The expenses to be borne by the operator include all necessary costs for
transport and board and lodging of the seaman during the voyage and for his
maintenance until the time stipulated for the homeward voyage. If the seaman
fails to take up the first voyage offered to him, he shall himself bear any additional expenses resulting therefrom.
3
In the event that the operator refuses to provide repatriation although the seaman appears entitled thereto, the nearest Swiss consul shall deal with the matter. The Confederation may have recourse against the operator and, if the claim
to repatriation is found to be unjustified, against the seaman.
Art. 83
Conditions of repatriation
1
In the case of an existing right to repatriation, the parties may agree on
indemnification corresponding to the cost of repatriation.
2
The operator may also fulfil his duty to provide repatriation for the seaman by
offering him a reasonable position on another seagoing vessel calling at such
seaman's port of destination or, if the seaman has to return inland, to the port
from where he has to start the return trip to the country in accordance with the
operator's instructions.
Art. 84
Illness and accident 1
insurance
Navigation operations shall be excluded from compulsory state accident
insurance, except for operational units located in Switzerland.
2
The operator of a Swiss seagoing vessel shall insure the crew against illness
and accidents at work.
24
3
After inviting the groups concerned to express their opinion, the Federal
Council shall fix the minimum benefits and the provisions that the insurance
contract must contain in order to comply with the operator's insurance obligation.
Art. 85
Liability and insurance
1
In the event that insurance cover is provided in terms hereof, the operator
shall be freed from his liability for simple negligence in respect of illness and
accidents at work.
2
If insurance cover is not provided for hereunder, the operator shall be liable,
even if he is not responsible, to the person suffering the accident or illness or to
his dependants, at least to the extent of the insurance benefits that would have
been paid if insurance cover had been provided. These claims shall be accorded
the same status as claims for pay.
Art. 86
Unemployment after 1
a shipwreck
In the event that a seagoing vessel has been reported missing as a result of
shipwreck, the surviving crew members shall, without prejudice to their right to
repatriation, be entitled to unemployment benefit.
2
The benefit shall be paid, for a maximum duration of two (2) months, for each
day of actual unemployment at a rate corresponding to the stipulated pay.
3
The unemployment benefits shall be accorded the same status as the claim for
pay.
Part Five:
Contracts Covering the Use of a Seagoing Vessel
Section One: General Provisions
Art. 87 52
Application of the
CO and period of
limitation
1
Provided that this law does not contain any special provisions, the Swiss Code
of Obligations 53 shall apply to contracts covering the use of a seagoing vessel.
2
All claims arising from a bare boat charter, a charter party and a freight contract shall be time-barred after one year, in the case of a bare boat charter and
charter party as from the termination of the contract and in the case of a freight
contract as from the day on which the goods were or should have been delivered to the consignee. 54
Art. 88
1
Frustration
Contracts covering the use of a seagoing vessel shall terminate
a) permanent imposeither
party being under the obligation to pay indemnification
sibility
by law without
to the other in
the event that the use of the seagoing vessel in accordance with the contract has
become permanently impossible as a result of force majeure, war, natural
52
Wording in accordance with the Federa l Law of 14 December 1965 (Section I), in effect since 1 January 1967
SR 220
54
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
53
25
become permanently impossible as a result of force majeure, war, natural
catastrophe, accident, Swiss or foreign government measures or interventions
for which the party concerned is not responsible.
2
If such an impediment occurs during a voyage, the contract shall expire at the
latest upon arrival at the nearest reachable port or the port designated by the
authority. The goods shall be unloaded at said port and deposited for the
account of the beneficiaries. The contractual consideration shall be due in the
case of a bare boat charter or charter party until the day of the termination of
the contract and in the case of freight contracts until the goods are completely
unloaded, and the freight is to be paid according to the distance carried.
Art. 89
b) temporary
impediment
1
In the event that a temporary impediment occurs before the start of a voyage,
either party may withdraw from the contract after giving formal notice and
after a reasonable period of time has elapsed. The expenses incurred up to the
time of withdrawal including the necessary expenses of unloading and stowage
shall be borne by the withdrawing party. However, if the contract lapses
because of governmental measures and if the authorities order the unloading of
the goods, the expenses connected therewith shall be borne by the owner of the
cargo even if the carrier himself has withdrawn from the contract.
2
In the event that a temporary impediment occurs during a voyage, the contract
may be terminated only by mutual agreement unless the impediment appears to
be of considerable duration or the unloading of the goods is ordered by an
authority. In such a case, each party may withdraw from the contract upon
arrival at the nearest reachable port or the port designated by the authority. The
contractual consideration, cost and freight shall be due as in the case of permanent impediment during a voyage.
Section Two: Ship Rental
Art. 90
Definition and form 1
The lessor shall, under a bare boat charter in respect of a seagoing vessel,
agree to turn over to the lessee an unmanned unequipped seagoing vessel for
use and operation, and the lessee shall agree to pay the lessor a rental fee for
said vessel. 55
2
The ship's lease shall require to be in written form in order to be valid.
Art. 91
Leasing and subleas- 1
ing
Lease and sublease of a Swiss seagoing vessel shall only be valid if the lessee
or sublessee is a Swiss operator within the meaning of article 46.
2
55
A sublease shall only be permitted if it is provided for in the contract of lease.
Wording in accordance with the Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
26
3
The provisions of the Code of Obligations 56 relating to leases shall apply to
the leasing and subleasing of a seagoing vessel provided they are compatible
with the particularities of maritime navigation. 57
Art. 92
Rights and obligations of the parties
1
The lessor shall be obliged to hand over the seagoing vessel in seaworthy
condition together with accessories, parts and the necessary ship's documents.
2
The lessee shall return the seagoing vessel in the same condition, subject to
normal wear and tear, and to the same port as that in which he received it.
3
Rental fee shall be due from the day on which the seagoing vessel is handed
over to the lessee until the day of the return thereof to the owner.
4
A ship's lease entered into for an indefinite period of time may be terminated
at any time subject to four (4) months' prior notice. 58
5
The lease of a seagoing vessel may be noted in the ship register in accordance
with article 261b of the Code of Obligations. 59
Art. 93
Mention of lease
Provided that the lease of the seagoing vessel has not been recorded in the
Swiss ship register, the owner of the ship shall deemed to be the operator with
regard to any third party provided the said third party was unaware of the lease
of the vessel at the time he lodged his claim.
Section Three: the Charter Party
Art. 94
Definition
1
By means of a charter party, the operator agrees as grantor to make the
capacity of a given vessel wholly or partly available to the charterer for a given
period of time (time charter) or for one or more voyages (trip charter) and the
charterer agrees to make payment therefore.
2
Grantor and charterer may demand that a written document (charter party) be
issued.
3
Grantor and charterer may agree that the charter party will be recorded as a
bare boat charter in the Swiss ship register. This has the consequence that in the
event that the vessel is sold, the new owner must allow the charterer to use the
vessel in accordance with the provisions of the charter party. 60
Art. 95
Liability of the gran- 1
tor
The grantor must maintain the seagoing ship in seaworthy condition and
equip, man and provision it in accordance with the contractual purpose and
provide it with the required ship's documents.
56
SR 220
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
58
Wording in accordance with the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
59
Added by virtue of the Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993; SR 220
60
Added by Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
57
27
2
The grantor shall be liable to the charterer for any loss or damage that has
arisen due to the vessel not being seaworthy unless he proves that before or
upon the start of a sea voyage he exercised the required diligence to bring the
ship to a seaworthy condition, and that he properly equipped, manned and provisioned her61 .
3
In the event that the grantor has undertaken to transport goods at sea according to the charter party, the provisions of the freight contract shall apply to his
rights regarding the unloading company and the consignee as well as to his
liability for the goods to be transported. 62
Art. 96
1
Relationship
The master
between operator,
master and charterer respect to the
shall remain without limitation subordinate to the operator with
command of the vessel.
2
On the other hand, the charter party may grant the charterer the right to give
the master instructions concerning the acceptance, transportation and delivery
of the goods and for the issuing of bills of lading; if the master acts on basis of
such instructions he shall bind the charterer. 63
3
In the event that the master in these cases has not acted with respect to third
parties expressly in the na me of the charterer or has not issued bills of lading
expressly in the latter's name, the operator and the charterer shall be liable
jointly and severally. The operator has nevertheless a right of recourse against
the charterer in accordance with the provisions of the charter party. 64
4
The operator shall however not be liable to the charterer for acts of the master
based on instructions of the charterer.
Art. 97
Allocation of the
expenses
1
In the case of a time charter party, the expenses for fuel and lubricants, for the
ordinary shipment of the cargo as well as for ordinary navigation and port fees
shall be borne by the charterer.
2
In the event that the operator requires more than 24 consecutive hours for
maintaining the vessel in seaworthy condition and for providing the crew, the
charterer shall not pay him any remuneration for the additional time.
3
In the case of a charter party, the indemnification of the crew for overtime
work shall be borne by the charterer.
Art. 98
Cancellation of the
charter party
1
A time charter party shall not oblige the grantor to carry out a voyage that
would expose the vessel and the crew to a major danger that was not foreseen
at the conclusion of the charter party and that arose or was recognised only
after the conclusion thereof.
2
In the event that the use of the ship in accordance with the charter party has
61
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Added by Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
63
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
64
Wording in accordance with Federal Law of December 14, 1965 (Section I), in effect since 1 January 1967
62
28
become impossible for the foregoing reasons, the charterer may at any time
withdraw from the charter party and demand reimbursement of the advance
payment provided no services have been performed in return therefore.
Art. 99
Termination of the
charter party
1
On the termination of the time charter party, the ship must be back in the port
in which she started the first voyage.
2
In the event that the stipulated duration of the time charter party is exceeded
by the last voyage of the vessel, the charter party shall be considered as
extended until the return of the ship; additional remuneration shall be payable
in accordance with the delay that has occurred.
3
The grantor may refuse to start a voyage that under ordinary conditions would
substantially exceed the stipulated duration of the time charter party.
4
In the event that the ship is not made available to the charterer at the time
stipulated in the charter party and at the agreed place, the charterer may by
written notice withdraw immediately from the charter party without any special
warning or notice of default and claim damages unless the grantor proves that
he was not responsible for the delay.
Art. 100
Duties of the charterer
1
The entire remuneration shall be payable even if the charterer does not make
full use the agreed upon capacity of the vessel unless the grantor was able to
make other use of the unutilised space.
2
The grantor shall determine the route between ports of loading and unloading.
3
The loading and unloading of the goods shall be the responsibility of the
charterer.
Section Four: the Freight Contract
Art. 101 65
The freight contract 1 By
in general.
with
Definition
a freight contract, the carrier agrees to transport goods overseas as agreed
the shipper and against payment of the freight.
2
For the application and interpretation of this section, the provisions of the
International Convention of 25 August 1924 for unifying certain rules relating
to bills of lading as well as the corresponding protocols shall be taken into
consideration. 66
Art. 102 67
Duty of diligence of 1
the carrier
Prior to and upon the start of the sea voyage, the freight carrier shall be
obliged to exercise the due diligence to make the ship seaworthy, man, equip
and provision her properly, to arrange and care for the cargo, refrigeration and
deep-freezing facilities, as well as all other parts of the vessel in which goods
are stored for the purposes of their safe receipt, conveyance and preservation.
65
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
67
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
66
29
are stored for the purposes of their safe receipt, conveyance and preservation.
2
The freight carrier must properly and carefully load, store, carry, protect,
handle and unload the goods, insofar as these services are not to be provided by
the shipper or consignee.
Art. 103 68
Liability of the
carrier
1
During the time from the reception until the delivery, the freight carrier shall
be liable for the loss, complete or partial destruction or damaging of the goods
and for any delay in the delivery unless he proves that neither the carrier nor
the master, the crew or other persons on duty on the vessel or persons helping
the carrier to effect the transportation is responsible.
2
In the event that the damage is due to a lack of seaworthiness of the vessel,
the liability of the carrier lapses only if he proves that he exercised the due
diligence in terms of article 102, paragraph 1.
3
In the event that claims for the loss, destruction or damage of the goods or
delay are made against the master, the crew or other persons working on the
vessel or persons helping the carrier to effect the transportation, they may rely
on the exemptions from and restrictions of liability in the same way as the carrier, whatever legal basis the claim relies on, but subject to the provisions of
article 105a. 69
Art. 104 70
Exemption of the
carrier’s liability
1
In the event that the loss, destruction or damage of goods or the delay has
arisen from acts, omissions or negligence of the master, pilot or other persons
working on the vessel in connection with navigating or technical operation, or
if it is due to fire, the carrier shall be exempted from his liability, provided that
there is no personal fault on his part. Measures that are principally taken in the
interest of the cargo shall not be considered to be the technical operation of the
ship.
2
The carrier shall not be liable for the loss, destruction or damage of goods or
delay if he proves that it is due to one of the following causes:
a.
force majeure, accident, dangers or incidents on sea or other navigable waters;
b.
acts of war, riots and public disturbances;
c.
official measures such as sequestration, quarantine or other limitations;
d.
strike, lock-out or other work impediment;
e.
saving (as fact or as attempt) of life or property at sea or other justified deviation from the course of travel, which do not constitute any
violation of the contract of freight;
f.
acts or omissions of the shipper, consignee or owner of the goods,
their agents or representatives;
68
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
70
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
69
30
g.
shrinkage of volume or weight or other damage as a result of concealed defects of the goods; special nature or peculiar condition of the
goods;
h.
unsuitability of the packaging or unsuitability or inaccuracy of the
markings;
i.
concealed defects of the vessel impossible to discover by exercising
the due diligence.
3
The exemption from liability shall not apply if it is proved that the damage
was due to the carrier or his auxiliary staff.
Art. 105 71
Extent and limit of
the liability
1
In the event that the charterer is responsible for the loss or complete destruction of the goods, he shall be required to pay only the value of the goods at the
place of destination on the day the vessel is or should be unloaded according to
the freight contract. The value of the goods sha ll be determined by the stock
exchange value or by the market price, or in the absence of both such values,
according to the common value of the goods of the same type or character.
2
In the case of partial destruction, damage or delay, he shall be required to pay
only the amount of the reduction in value of the goods without further damages, but in no case more than in the event of total loss.
3
Subject to the provisions of article 105a, the carrier shall in no case be liable,
whatever legal basis the claim relays on, to pay liability amounts in excess of
those stipulated by the Federal Council. These amounts shall be calculated
according to a rate determined either for every unit or other transporting unit,
or for each kilogram of gross weight of the lost or damaged goods, whichever
amount is higher.
4
The carrier may not call upon these maximum amounts in the event that the
shipper has expressly stated the particular nature and the maximum value of the
goods before the start of the loading, and this value, which may be refuted by
the charterer, has been entered in the bill of lading, or if maximum liability
amounts have been agreed.
5
In the event that a container, a pallet or a similar device is used to collect
goods, every piece or transport unit mentioned in the bill of lading as contained
in or as being upon such a device shall be regarded as a separate piece or transport unit; in all other cases the whole device shall be regarded as a piece or a
transport unit.
6
The carrier and his auxiliary staff (art. 103 paragraph 3) taken together may
not be held liable for an amount in excess of the maximum amount for which
the carrier alone would be liable.
Art. 105a 72
Lapse of the limitation of liability
71
72
Neither the carrier nor his auxiliary staff (art. 103 paragraph 3) may rely on the
exemptions from and restrictions of liability if it is proved that they have
caused the loss or damage through an act or omission perpetrated with the
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
Added by Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
31
caused the loss or damage through an act or omission perpetrated with the
intention of causing loss or damage, or by acting carelessly in the knowledge
that loss or damage was likely to occur.
Art. 106 73
1
Information provided by the shipper
Before loading the goods the shipper must give to the carrier the following
written information with regard to the goods to be conveyed:
a
the dimensions, number or weight of the goods to be conveyed;
b.
the markings that are required for the identification of the goods;
c.
the nature and condition of the goods.
2
The shipper shall be liable to the carrier for any loss or damage that results
from his provision of incorrect information as to the goods even if he is not
responsible for the loss or damage, and shall be liable to the other cargo owners
if he is at fault with regard to the loss or damage.
3
In the event that the shipper has deliberately provided false information as to
the nature or value of the goods, the carrier shall not be liable for damage to the
goods or other detriment due to the incorrect information provided by the shipper.
Art. 107 74
Dangerous or
prohibited goods
1
In the event that inflammable, explosive or otherwise dangerous goods or
items prohibited by law or agreement are brought on board without the carrier
or master being aware of their nature and condition, the shipper shall be liable
for any loss or damage caused by such goods or items. The master may at any
time and at any place discharge, destroy or neutralise the goods or items without the carrier being liable to pay damages.
2
In the event that such goods or items have been loaded on board with the
consent of the carrier or master and in the knowledge of their dangerous nature
or condition, they may be unloaded, destroyed and neutralised in the same
manner, without the carrier being liable to pay damages, if they endanger the
ship, persons on board, or the other cargo.
Art. 108
Loading and unload- 1
ing the goods
The carrier shall receive the goods in the port of loading under the hoisting
device of the ship and deliver them to the consignee in the same manner at the
port of unloading unless another means of loading and delivery has been agreed
upon or is customary locally.
2
In the event that the place of loading or unloading is not stipulated in the contract, the carrier shall determine the customary place.
3
In the event that the loading and unloading times of the vessel as well as the
demurrage are not contractually stipulated, local custom in the ports of loading
and unloading shall apply.
73
74
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
32
Art. 109
Due freight
1
Subject to the provisions of articles 88 and 89, the freight shall be due only if
the goods have been delivered or made available to the consignee at the place
of destination.
2
The full freight is however due if the delivery of the goods has not been
effected because of acts or omissions of the shipper or consignee or because of
the specific nature or properties of the goods, or in the event that dangerous or
prohibited goods have been unloaded ashore, destroyed or thrown overboard.
....75
3
The full freight shall be paid in respect of animals that have died during the
voyage unless the shipper proves that the death of the animals was due to fault
on the part of the carrier.
Art. 110
Debtor for the
freight
1
Whoever demands delivery of the goods shall become the debtor for the
freight and the other debts attached to the goods.
2
However he shall be liable for the demurrage and other debts that have arisen
in the port of loading only if these are recorded in the bill of lading or if it can
be proved that he had otherwise obtained knowledge of these claims.
Art. 111 76
Assessment of dam- 1
ages
The carrier and the consignee may demand that the condition and quantity of
the goods be determined on delivery in the presence of both parties.
2
The acceptance of the goods without reservation by the consignee justifies the
assumption that the carrier has delivered the goods in the same condition and in
the same quantity as they were accepted by him for transportation.
3
Provided that a joint determination of the condition and quantity of the goods
delivered has not been effected, notification of reservations shall be submitted
in writing by the consignee with an indication of the gene ral nature of the
damage. In the case of loss or damage that is visible externally, notification
shall be submitted at the latest by the time of delivery and, in the case of loss or
damage that is not visible externally, at the latest within 3 days of delivery to
the consignee, failing which the goods will be deemed to be accepted unconditionally.
Art. 112
Bill of lading
A bill of lading is a document in which the carrier acknowledges the receipt of
specific goods on board a vessel and at the same time undertakes to transport
the said goods to the agreed place of destination and to deliver them there to
the authorised holder of the document.
Art. 113
Bill of lading:
issuing and forms
thereof
75
76
1
As soon as the goods are taken on board, the shipper shall be entitled to
request that a bill of lading be issued (shipped bill of lading).
Last sentence cancelled through Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
33
thereof
request that a bill of lading be issued (shipped bill of lading).
2
A bill of lading may also be issued for goods that are accepted for conveyance
but have not yet been loaded (received for shipment bill of lading).
3
A bill of lading may also be issued for the conveyance of goods by several
successive carriers and for conveyance by sea together with conveyance on
shore, on inland waters or by air (through bill of lading).
Art. 114 77
Bill of lading: form
and content
1
The bill of lading shall contain the conditions under which the acceptance,
conveyance and delivery of the goods shall be effected.
2
The bill of lading should in particular contain the following information:
a.
the name and address of the carrier and of the shipper;
b.
the authorised consignee of the goods, the bill of lading being issued
either to name, to order or to holder;
c.
the name of the vessel if the goods are taken on board or designation
as a «received for shipment bill of lading» or a «through bill of lading»;
d.
the port of loading and the place of destination;
e.
the nature of the goods taken on board or received for shipment, their
volume, number or weight and their markings, in accordance with the
information provided by the shipper in writing before the start of the
loading, as well as the apparent condition and nature of goods;
f.
a provision relating to the freight;
g.
the place and date of issuance;
h.
the number of original copies: there shall be issued as many copies as
is required in the circumstances.
3
The carrier shall not be obliged:
a.
to include in the bill of lading markings which are not printed on the
goods themselves or in case of packing on their containers or wrappings or otherwise affixed thereto in such a manner that they remain
legible under ordinary circumstances until the end of the voyage;
b.
to include the volume, number or weight of the goods in the bill of
lading if he has good reasons to assume that the information given by
the shipper is inaccurate or if he does not have reasonable means to
check such information;
4
The original copies of the bill of lading must be signed by the master or the
carrier; upon request of the master, the carrier or the shipper they must also be
countersigned by the shipper.
Art. 115
Importance of the
information on the
bill of lading
77
1
The bill of lading shall be the decisive document with regard to the legal relationship between the carrier and the consignee of the goods. In particular it
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
34
bill of lading
tionship between the carrier and the consignee of the goods. In particular it
establishes a presumption that the carrier has taken over the goods as they were
described in the bill of lading. Proof of the contrary shall not be admissible in
the event that the bill of lading has been transferred to a bona fide third party. 78
2
For the legal relationship between the carrier and the shipper, the provisions
of the freight contract shall be decisive. The provisions of the bill of lading
shall be deemed to be the contractual intent unless derogations are agreed upon
in writing.
3
The carrier shall be entitled to give notice of reservations with regard to the
description of the goods in the bill of lading provided such reservations concern
details that he is not obliged to include in the bill of lading or in a case falling
under article 114, paragraph 3. 79
Art. 116
Bill of lading: legal
effects
1
The original copies of the bill of lading shall be deemed to be mercantile
papers in terms of article 925 of the Swiss Civil Code 80 ; they confer the right to
receive the goods.
2
In the event that a bill of lading is issued, the goods shall be delivered at the
place of destination only against surrender of the first original copy submitted,
as a result of which the other original copies shall lose their validity. In the
event that more than one original copy is submitted simultaneously by different
holders, the master must deposit the goods at the competent authority or at a
third party for safekeeping on behalf of the rightful owner.
3
Before arrival at the place of destination, the carrier may only return or deliver
the goods if all original copies of the bill of lading are surrendered; a subsequent order from the shipper or from the holder of the bill of lading may only
be complied with if all original copies are produced for inspection.
4
In the event that the carrier fails to comply with the foregoing provisions, he
shall be liable towards the authorised holder of the bill of lading for any damage that may result thereby.
Art. 117 81
Void clauses
1
Any agreement in the bill of lading that has the direct or indirect purpose of
excluding or of limiting the statutory liability of the carrier for the destruction
or loss of, or damage to the goods, or of shifting the burden of proof for such
liability shall be null and void.
2
Agreements contrary to the foregoing with regard to the liability of the carrier
shall however be permissible provided they relate to the conveyance of living
animals or a cargo that has actually been loaded on deck and has been entered
as such in the bill of lading, or relate to the carrier’s liability for the period of
time before the loading of the goods on board and after their unloading.
3
Such contrary agreements with regard to the carrier’s liability shall be permissible in a charter party in the event that a contract of freight is combined with
78
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
80
SR 210
81
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
79
35
sible in a charter party in the event that a contract of freight is combined with
the charter party, but such agreements may only apply to the relationship
between the grantor and the charterer, and may not apply to a third party consignee with title in terms of a bill of lading.
4
This article shall not preclude an agreement being entered into in a case of
general average.
Section Five: Transport of Passengers
Art. 118 82
1
The provisions of articles 1 and 3-21 of the Convention of Athens of 13
December 1974 on the carriage of passengers and their luggage by sea together
with those the related protocols of 1976 and 1990 when in force shall apply to
the liability of the carrier and his personnel in respect of passengers and their
luggage. 83
2
The carrier shall issue to each passenger on board a Swiss vessel upon embarkation a passage ticket that indicates the date of issue, the date of departure, the
name and type of the vessel, the ports of embarkation and of arrival, the conditions relating to accommodation and food on board, and the fare for the passage.
3
A passenger shall be entitled to have his personal travel effects carried free of
charge. For further luggage it will be assumed, unless otherwise stipulated, that
the transport shall be effected in accordance with a separate freight contract.
4
The Federal Council may issue further regulations concerning the transport of
passengers on Swiss vessels.
Part Six:
Accidents and Special Occurrences in Navigation
Art. 119
Ship’s protest
1
In the event that the vessel or its cargo suffers an accident or in the event of
any other special occurrence, the master must draw up a protest and submit the
same to the Swiss consulate or, if in the absence of a consulate, to the competent local authorities at the next port of arrival.
2
The consul may carry out an administrative investigation on board and ask the
questions required to clarify the facts of the matter.
Art. 120
Consular report
1
In the event that the consul receives a protest, he must draw up a report in
which the facts of the matter must be described as accurately as possible.
2
A copy of this report shall be sent immediately to the Swiss Maritime Navigation Office. If the protest is submitted to the competent local authorities, the
master shall be responsible for sending a copy to the Swiss Maritime Naviga82
83
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of December 18, 1992 (Section I), in effect since June 1, 1993
36
master shall be responsible for sending a copy to the Swiss Maritime Navigation Office.
Art. 121
Collision of ships,
assistance and salvage
1
In the event of a collision between vessels, the provisions of the International
Convention of 23 September 1910 for the unification of certain rules of law
with respect to collisions between vessels shall determine the rights and obligations of each party. An occurrence in accordance with article 13 of aforementioned international convention shall also be considered to be a collision
between vessels and the rules thereof shall apply by analogy to any collision
between vessels or contact of vessels with other movable or immovable objects
and damage to them. 84
2
The provisions of the International Convention on salvage of 28 April 1989
shall apply to navigation under Swiss flag. The operator of the salvaged vessel
shall be required to pay the costs of salvage. He may have recourse in respect
of such costs in proportion to their respective shares against the persons who
hold rights to the other valuables salvaged. 85
Art. 122 86
General average
1
General average shall apply in the event that exceptional loss or damage has
been caused by the fact that a sacrifice has been made or costs incurred intentionally and in reasonable manner in order to save the ship and cargo and protect the assets exposed to a joint danger at sea. General average shall be borne
jointly by the ship, the freight and the goods on board.
2
The provisions of the York-Antwerp rules shall apply to general average. The
Federal Council shall specify the provisions and versions that are to apply. 87
Art. 123
Average bill
1
Aside from the measures stipulated in articles 119 and 120, the master shall
for each case of general average, enter in the ship's log the facts, the measures
taken, and the valuables sacrificed or damaged, and he must bring these facts
immediately to the attention of the operator.
2
The master shall be obliged to have the loss or damage determined and
apportioned (adjustment) at the latest on arrival in the port at which the voyage
terminates. For this purpose he must contact the competent local authorities
immediately upon arrival.
3
Every participant in general average must make the evidence in his possession
available to the adjusters for drawing up the average adjustment.
Art. 124
Time-limits and pro- 1
cedure
The making of contributions to and payment of remuneration from general
average shall be time-barred after a period of two years starting from the day
on which the goods arrived or would have arrived at the port of destination.
84
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording in accordance with Federal Law of 18 December 1992 (Section I), in effect since 1 March 1997
86
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
87
Wording in accordance with Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
85
37
on which the goods arrived or would have arrived at the port of destination.
2
The Federal Council shall issue the procedural provisions necessary for an
average adjustment to be confirmed by a Swiss court.
Part Seven: Provisions applying to Inland Navigation
Art. 125
Requirements
1
Navigation conducted with inland vessels on the Rhine, its tributaries and side
canals, as well as on other navigable waters connecting Switzerland with the
sea, shall be accorded the same treatment as navigation at sea to the extent that
provisions of this law are declared applicable in this part, and subject to the
special laws governing inland navigation.
2
Inland vessels shall be defined as vessels with or without propulsive power
that are entered in a public register and that have a carrying capacity or water
displacement of 15 tonnes or more and that are used or intended for the commercial conveyance of people or goods.
3
The provisions of this law, however, shall not apply to inland navigation
based on a Swiss federal concession.
Art. 126
The operator and his 1
liability
An inland operator shall be anyone who is in possession of an inland vessel as
owner, usufructuary or lessee and who uses it for inland navigation operations.
2
An inland operator shall be liable in accordance with the provisions of articles
48, paragraphs 1 and 2. His liability may be limited according to the provisions
of the Convention of Strasbourg of 4 November 1988 on the limitation of
liability in inland navigation. 88
3
In the event that, at the moment of damage, a push boat was connected rigidly
to pushed barges as convoy set, the overall amount of liability shall be calculated according to the engine output of the push boat and carrying the capacity
of the pushed barges. 89
Art. 127
Other cases
1
Articles 51-53 and 71 shall apply to the master and the crew members of an
inland vessel.
2
The provisions of title 5 (with the exception of article 91, paragraph 1; article
94, paragraph 3; article 96, paragraph 1; artic le 113, paragraph 1 and article
118, paragraphs 2, 3 and 4) shall apply to contracts covering the use of an
inland vessel and to the bills of lading. The cantons shall have the right to enact
provisions for ports within their territory relating to the loading and unloading
times for an inland vessel as well as demurrage. 90
3
In the event of a collision between vessels or if a vessel collides or comes in
88
Wording in accordance with Federal Law of 22 March 1996 (Section I), in effect since 1 November 1997
Added through Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
90
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
89
38
contact with other movable or immovable objects and damages them, the
provisions of the Convention of 15 March 1960 on unification of certain rules
of law with respect to collision between vessels shall determine the rights and
obligations of each party. 91
4
The provisions of article 121 paragraph 2, and articles 122, 123 and 124 shall
apply in the case of assistance, salvage as well as for general average in inland
navigation. However they shall be subject to mutual agreements between the
parties in case of general average. 92
5
Otherwise, articles 7 and 14, paragraph 3, shall find corresponding application
to inland navigation. 93
Part Eight: Penal and Disciplinary Provisions
Section one: Criminal Offences against the Safety of the Ship
and of Navigation
Endangering the
ship
Art. 128
1
Whoever intentionally damages, destroys, renders unusable or misappropriates a Swiss vessel, its parts or accessories, fuel or foodstuffs reserves on
board,
whoever intentionally impedes or interferes with the management of the vessel
or with the order and operations on board and thereby wilfully endangers the
vessel or the persons on board,
hall be liable to a term of penal servitude not exceeding ten years or to a term
of imprisonment.
2
In the event that the offence has resulted in the loss of the ship or the death of
a person and if the offender could have foreseen this, the penalty shall be penal
servitude.
3
In the event that the offender has acted negligently, the penalty shall be
imprisonment or a fine.
Art. 129
Endangering the
navigation
1
The master or a seaman of a Swiss vessel who intentionally disregards the
provisions of law or the recognised rules of navigation or the regulations of the
maritime police in Switzerland or abroad and thereby wilfully endangers a
vessel or persons on board, shall be liable to a term of imprisonment.
2
In the event that the act has resulted in the loss of a vessel or in the death of
persons, and if the offender could have foreseen this, he shall be liable to a
term of penal servitude not exceeding ten years or to a term of imprisonment.
3
In the event that the offender has acted negligently, the punishment shall be
imprisonment or a fine.
91
Wording in accordance with Federal Law of 8 October 1971 (Section II), in effect since 1 February 1972
Wording in accordance with Federal Law of 8 October 1971 (Section II), in effect since 1 February 1972
93
Former paragraph 4 of the wording in accordance with Federal Law of 14 December 1965 (Section I), in effect
since 1 January 1967
92
39
Art. 129a 94
Pollution of the seas 1
Whoever violates international conventions, this law or its implementing
ordinances by discharging from a Swiss seagoing vessel into the sea any solid,
liquid, gaseous or radioactive substances and thereby pollut ing the waters or
the sea bed or the subsoil thereof shall be liable to a term of imprisonment or to
a fine.
2
In the event that the offender has acted negligently, he shall be liable to a term
of imprisonment not exceeding six months or to a fine not exceeding 20’000
Swiss francs.
3
In minor cases, the offender shall be liable to a disciplinary penalty.
Art. 130
Violation of the
navigation rules
The master or a seaman of a Swiss vessel who violates the provisions of law or
the recognised rules of navigation or the regulations of the maritime police in
Switzerland or abroad shall, provided the offence is not punishable in terms of
another provision, be liable to a fine not exceeding 5’000 Swiss francs.
Art. 131
Departure with a
non- seaworthy
vessel
1
master who intentionally or through negligence goes to sea with a Swiss
vessel that is not seaworthy, in that it is insufficiently manned, equipped or
provisioned, and thereby endangers the vessel or persons on board shall be
liable to a term of imprisonment or to a fine.
2
In the event that the offence has resulted in the loss of the ship or the death of
persons and if the offender could have foreseen this, the penalty shall be penal
servitude not exceeding five years or imprisonment.
Art. 132
Contravention of
provisions as to seaworthiness
A master who puts to sea with a Swiss vessel that is not seaworthy, in that it is
insufficiently manned, equipped or provisioned, or the operator who sends out
such a vessel shall, provided the offence is not punishable in terms of another
provision, be liable to a fine not exceeding 5’000 Swiss francs.
Art. 133
Failure to give assis- 1
tance
The master of a Swiss vessel shall be liable to a term of imprisonment in the
event that he fails to give assistance to another vessel in distress or persons in
danger even though he is able to do so without seriously endangering his vessel, the crew or the passengers.
2
94
In the event that the offender has acted negligently, the penalty shall be a fine.
Added by Federal Law of 20 March 1987 (Section I) in effect since 1 February 1989
40
Section Two:
Criminal Offences against Order and Discipline on Board
Art. 134
Deserting a ship in
distress
1
A master who is not the last to leave a Swiss ship in a case of danger shall be
liable to a term of imprisonment or to a fine.
2
A seaman who leaves a Swiss ship in a case of danger without the permission
of the master shall be liable to a term of imprisonment not exceeding one year
or to a fine.
Art. 135
Failure to exercise
command
1
The master of a Swiss vessel who wilfully or through negligence fails to exercise the command of his vessel shall be liable to a term of imprisonment not
exceeding one year or to a fine.
2
In the event that the offender has acted negligently, he shall be liable to a fine.
Art. 136
Misuse and usurpa- 1 The master or an
tion of the power of
command and disci- mand by giving a
plinary authority
service on board,
officer of a Swiss vessel who misuses his power of comsubordinate commands which bear no relatio nship to his
the master who exceeds or misuses his disciplinary authority, or
anyone who, without the power of command or punishment, usurps such power
on board a Swiss vessel,
shall be liable to a term of imprisonment.
2
In minor cases, the offender shall be liable to a fine.
Art. 137 95
Desertion
1
The master or the seaman of a Swiss vessel who, in violation of the contract
of hire, does not board the vessel or leaves the vessel after signing on, shall,
provided that the departure of the vessel is considerably delayed thereby or
considerable expense is incurred in order to avoid the delay, be liable to a term
of imprisonment not exceeding six months or to a fine not exceeding 5’000
Swiss francs.
2
In the event that several persons act in accordance with a common plan, the
penalty shall be a term of imprisonment or a fine. The instigators shall be liable
to a more severe penalty.
3
In minor cases, a disciplinary penalty shall be imposed.
Art. 138
Leaving the post
95
1
In the event that a seaman of a Swiss vessel leaves his post during period of
duty that is essential to the safety of the ship or to navigation, or if he falls
asleep while on such duty, he shall be liable to a term of imprisonment not
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
41
asleep while on such duty, he shall be liable to a term of imprisonment not
exceeding six months or to a fine not exceeding 2’000 Swiss francs.
2
In minor cases, a disciplinary penalty shall be imposed.
Art. 139
Drunkenness
1
The master of a Swiss vessel who due to the deliberate consumption of alcohol or drugs is in a condition that wholly or substantially precludes him from
commanding the vessel shall be liable to a term of imprisonment not exceeding
one year or to a fine not exceeding 5’000 Swiss francs.
2
A seaman who, during a period of duty that essential to the safety of the vessel or to navigation, is in a state of deliberately induced intoxication through
alcohol or drugs shall be liable to a term of imprisonment not exceeding six
months or to a fine not exceeding 2’000 Swiss francs. In minor cases, a disciplinary penalty shall be imposed.
Art. 140
Disobedience
1
A seaman of a Swiss vessel who does not obey the orders of a superior with
regard to the navigation or technical operation of the vessel or with regard to
the service of a disciplinary penalty shall be liable to a term of imprisonment
not exceeding three months or to a fine not exceeding 1’000 Swiss francs.
2
In minor cases, a disciplinary penalty shall be imposed.
3
In the event that the order is to save a ship or persons in distress at sea, the
penalty shall be a term of imprisonment not exceeding one year or a fine not
exceeding 5’000 Swiss francs.
4
A simple assault or act of aggression perpetrated by a seaman against a superior shall be automatically prosecuted. 96
Art. 141
Prohibited objects or 1
substances
Whoever brings, keeps or conceals anything on board a Swiss vessel without
the permission of the operator or the master, and in particular dangerous or
prohibited objects or substances, or
Whoever, without permission of the operator or master brings or conceals
persons on board of Swiss vessel,
shall be liable to a term of imprisonment or to a fine.
2
In minor cases, a disciplinary penalty shall be imposed.
Art. 142
Acts detrimental to 1 Whoever without the
the operator or to the
sel smuggles goods or
master97
knowledge of the operator or the master of a Swiss vescommits any other unlawful acts that expose the operator or master to the risk of being punished or of incurring a loss due to the confiscation of the ship or its cargo, to the delay of the voyage and the like, shall
be liable to a term of imprisonment not exceeding one year or to a fine.
96
97
Added by Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
Wording according to Federal La w of 17 December 1976, in effect since 1 August 1976
42
2
In minor cases, a disciplinary penalty shall be imposed.
3
The master of a Swiss vessel who commits such an act without the knowledge
of the operator shall be liable to a term of imprisonment or to a fine.
Section Three:
Criminal Offences against the Rules of Order in Swiss
Navigation
Art. 143
Misuse of the flag
1
Anyone who flies the Swiss flag at sea on a vessel that is not entered in the
Swiss ship register, or
the master of a Swiss vessel who does not fly the Swiss flag at sea, or who flies
a foreign flag,
shall be liable to a term of imprisonment or to a fine.
2
The master of a Swiss vessel who does not fly or hoist the Swiss flag in the
prescribed form or according to the ship’s category shall be liable to a fine.
3
Anyone who flies a Swiss flag or a similar emblem at sea for a yacht that is
not entered in the Swiss Register of Yachts, or flies a foreign flag or a similar
foreign emblem for a yacht that is entered in the Swiss Yacht Register shall be
liable to a term of imprisonment or to a fine. 98
Art. 144
Fraudulent registration99
1
Anyone who makes a false statement or withholds essential information in the
procedure for entering a vessel in the Swiss ship register or in the procedure for
remedying a failure to comply with the statutory requirements for registration,
and who in particular makes statements or withholds information with regard to
the legal conditions governing Swiss ownership, the presence of personal funds
and the origin of the capital, or the absence of any non-allowed foreign interest,
shall be liable to a term of imprisonment or to a fine not exceeding 50’000
Swiss francs.
2
In the event that the offender has acted negligently, the penalty shall be a fine
of up to 10’000 Swiss francs.
3
The owner or an operator of a Swiss vessel who does not report to the competent authorities important new information that would lead to the deletion of
the ship from the Swiss ship register or to the withdrawal of the sea pass, or
the owner or lessee of a Swiss vessel who leases his ship to a lessee or sublessee that does not satisfy the statutory conditions for an owner of a Swiss
vessel,
shall be liable to a fine not exceeding 10’000 Swiss francs.
4
Anyone who violates the regulations of the Federal Council on the entering of
98
Added by Federal Law of 14 December 1965 (Section I). Wording according to Federal Law of 17 December
1976 (Section I) in effect since 1 August 1977
99
Added by Federal Law of 14 December 1965 (Section I)
43
yachts in a Swiss register, or makes a false statement or conceals essential
information for the purpose of the registration of such a vessel shall be liable to
a term of imprisonment or to a fine not exceeding 20’000 Swiss francs. In the
event that the offender has acted negligently, the penalty shall be a fine not
exceeding 5’000 Swiss francs. 100
Art. 145
Disposal of confiscated assets, failure
to comply with
government orders
1
Anyone who withholds a vessel entered in the Swiss ship register from the
enforcement of an order issued by the competent Swiss authorities for its seizure, attachment, sequestration, sale at auction, requisition or expropriation
shall be liable to a term of imprisonment or to a fine not exceeding the value of
the vessel. At the request of the persons suffering loss or damage, the court
may award them the fine paid in return for the assignment to the State of the
corresponding portion of their claim.
2
A shipowner, operator, or master of a Swiss vessel who does not comply with
an order issued by the Federal Council in terms of article 6 shall be liable to a
term of imprisonment or to a fine.
3
An operator, carrier or master who carries goods prohibited by the Federal
Council on board a Swiss vessel shall be liable to a term of imprisonment or to
a fine. In the event that war material has been carried in violation of a prohibition, the offender may be made sentenced to a term of penal servitude not exceeding five years and to a fine.
Art. 146
Unlawful sale
A ship owner who sells to a non-Swiss national a Swiss vessel in respect of
which permission for deletion from the register has not been granted shall be
liable to a term of imprisonment or to a fine not exceeding the market value of
the vessel.
Art. 147
Failure to return the
sea pass
Anyone who is obliged to return the sea pass or any other certificate issued for
a Swiss vessel, and who has not complied with this obligation, shall be liable to
a fine not exceeding 20’000 Swiss francs.
Art. 148 101
Failure to keep the
log properly
The master of a Swiss vessel who neglects the obligations to which he is subject in terms of the law or international conventions
a.
to keep and store properly the ship's log, the muster roll, the engine
logbook, other books and records or
b.
to carry the required ship's books, papers and official documents on
board the vessel,
shall be liable to a fine.
100
101
Added by Federal Law of 14 December 1965 (Section I) in effect since 1 January 1967
Wording according to Federal Law of 18 December 1992 in effect since 1 June 1993
44
Art. 149
Failure to comply
with the reporting
duty
The master, owner or operator of a Swiss vessel who does not comply with the
legal obligations to report and give information to the Swiss Maritime Navigation Office and the Swiss Seagoing Vessels Registration Office or the Swiss
Consulate, shall be liable to a fine.
Art. 150
Violation of provisions as to nationality and labour law
The master or the operator of a Swiss vessel who fails to comply with the provisions established in the present law or in the related ordinances and implementing regulations with regard to the nationality of the crew, working hours,
the minimum age for hiring, medical examinations, qualifications for employment on board, signing on and signing off procedures as well as the catering
and accommodation on board, or
the master who fails to comply with the provisions relating to the enforcement
of disciplinary penalties,
shall be liable to a fine.
Art. 151
Violation of provisions on transporting
persons
The master or the operator of a Swiss vessel who violates the provisions of this
law or of the ordinance or implementing regulations relating to the safe transportation of persons overseas, the equipping of vessels intended for this purpose, or the accommodation or catering provided to passengers, shall be liable
– provided the offence is not punishable in accordance with any other provision – to a fine not exceeding 20’000 Swiss francs.
Section Four: Special provisions
Art. 152
Additional penalties 1
In the event that a person has been convicted of endangering the vessel or
navigation, of departing with a vessel which is not in seaworthy condition, of
failing to give assistance, of leaving a vessel in distress at sea, of failing to
exercise command or of leaving his post, the court may as a secondary penalty
order the withdrawal of the certificate of professional qualification and prohibit
the offender from working on board a Swiss vessel.
2
In the event that a person is convicted of misusing the flag, fraudulently
obtaining registration or failing to comply with an order of the Federal Council
based on article 6, the court may order the withdrawal of the sea pass as a secondary penalty.
Art. 153 102
Offence committed
in a commercial
enterprise
102
1
In the event that an offence is committed while managing the affairs of a legal
person, a general or limited partnership, a sole proprietorship or of a community without legal personality or otherwise while managing a business for a
third person, the penal provisions shall apply to those natural persons who have
committed the offence.
Wording according to Federal Law of 17 December 1976 (Section I), in effect since 1 August 1977
45
committed the offence.
2
A businessman, employer, customer or represented person who in breach of a
legal duty wilfully or negligently fails to prevent an infringement committed by
a subordinate, representative or agent or to rectify its effects shall be subject to
the same penal provisions as apply to the person who committed the offence.
3
In the event that the businessman, employer, customer or the represented
person is a legal person, a general or limited partnership, a sole proprietorship
or a community without legal personality, paragraph 2 above shall apply to the
responsible management body and members thereof, managing partners, the
actually persons entrusted with management or the liquidators.
4
In the cases mentioned in articles 144 to 146, the legal person, the general or
limited partnership, the sole proprietorship or the community without legal
personality shall be jointly and severally liable with the offender for payment
of the fines.
Art. 154
Extradition
The criminal offences that are punishable by a term of imprisonment of one
year or a more severe penalty in terms of the provisions of the present law
shall be deemed to be offences in relation to which extradition may be sought
in terms of the Swiss law on extradition.
Part Five: Disciplinary Penalties
Art. 155
Breach of discipline 1
A breach of discipline is committed by anyone who violates his employment
obligations or offends against good order on board where the act is not punishable as a crime, misdemeanour or contravention.
2
The following acts shall be regarded as a breach of discipline:
a.
disobeying the command of a superior while on duty;
b.
failure to comply with the provisions of the shipboard regulations;
c.
disruption of the order and operations on board;
d.
the negligent or careless performance of a duty;
e.
non-appearance for work or absence from service;
f.
unpermitted absence from the vessel;
g.
drunkenness when on duty; drunkenness when off duty if this constitutes a public nuisance;
h.
unseemly or offensive conduct towards superiors or other persons on
board.
3
Only a person who has acted culpably shall be liable to punishment. The
nature and the extent of the penalty shall be determined in accordance with the
degree of guilt. In this connection the motives, the character of the offender and
his normal conduct on board as well as the severity of the breach of order and
safety on board shall be taken into account.
46
Art. 156
Legal scope of
penalties
1
All persons on board a Swiss vessel shall be subject to the disciplinary provisions of this law.
2
Only the following shall be permitted as disciplinary penalties:
a.
For seamen:
-
a reprimand,
-
withdrawal of shore leave for one to five days,
-
a fine of between 10 and 250 Swiss francs, 103
-
detention for one to three days,
b.104 For passengers or other persons on board:
3
-
a reprimand,
-
a fine of between 50 and 500 Swiss francs.
Different disciplinary penalties may not be combined.
Article 157
Jurisdiction
1
Jurisdiction over disciplinary matters shall be vested in the master or his deputy; they may impose any disciplinary punishments provided for by the present
law.
2
In criminal proceedings in respect of a misdemeanour for which a disciplinary
penalty is imposed in minor cases, if the case is accepted as being minor, or if
the offence is otherwise regarded as a mere breach of discipline, the court may
impose any disciplinary penalty while at the same time acquitting the accused.
Should the investigating authority drop proceedings for the same reason, it
shall refer the matter to the presiding judge of the court who would be competent to hear the penal matter. The latter may impose any disciplinary penalty
requested. 105
3
In the event that the defendant is no longer employed on a Swiss vessel, a
conventional sentence of detention for the same period of time may be imposed
as an alternative to detention on board. 106
Article 158
Enforcement of pen1
alties
A reprimand shall be given verbally or in writing. Reprimands to passengers
may in some cases be given publicly.
2
The withdrawal of shore leave shall be enforced on arrival at the next port.
The defendant must remain on board even during his leisure time.
3
Detention shall be served by officers in their cabins, and by other seamen in a
special room on board the ship. Detention penalties shall be served immediately, provided service on board so permits. The person in detention shall not
be required to perform any duties. The room used as place for detention must
103
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
105
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
106
Added through Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
104
47
be required to perform any duties. The room used as place for detention must
be dry, adequately lit and ventilated, and must fulfil the same sanitary requirements as a cabin.
4
...107
5
Fines shall be paid to the Swiss Maritime Navigation Office and used by the
latter for the welfare of seamen and their families. The Swiss Maritime Navigatio n Office may also use the funds for measures such as the promotion of
navigation under the Swiss flag, or for rewarding the special performances of
seamen. The Federal Department of Foreign Affairs shall issue regulations on
the use of such funds. 108
Art. 159
Statute of
Limitations
1
The prosecution of a breach of discipline and the enforcement of any disciplinary penalty imposed shall be barred by statute of limitations after three
months.
2
The period of limitation shall not be interrupted. If, however, the act results in
criminal proceedings, the period of limitation shall commence only on arrival
at the next port and shall be suspended for the duration of such proceedings. 109
Art. 160
Procedure
1
The accused shall in all cases be given the opportunity to express himself
verbally or in writing with regard to his conduct and motives. If requested, his
statement shall be recorded.
2
Every disciplinary penalty order shall be communicated verbally or in writing
to the accused, indicating the breach of discipline committed, and shall be
recorded in the logbook. The defendant and the master shall certify in the logbook that such notice has been given. If the defendant refuses to certify this,
another officer shall be called in to testify in writing to the order and its communication.
Art. 161 110
Enforcement and
right of appeal
1
The disciplinary punishment ordered by the master shall become enforceable
on its communication. Within ten days after arrival at the next port the party
concerned may appeal in writing:
2
a.
against a detention penalty to the presiding judge of the court mentioned in article 157 paragraph 2, second sentence;
b.
against any other disciplinary penalty to the Swiss Maritime Navigation Office. 111
The appeal shall not suspend the enforcement of the penalty. 112
107
Repealed by Federal Law of 20 March 1987 (Section I)
Wording in accordance with Federal Law of 18 December 1992 (Section I), in effect since 1 June 1993
109
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
110
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
111
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
112
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
108
48
3
The Administrative Procedure Act shall apply by analogy to the appeal procedure. 113
4
The decision of the Swiss Maritime Navigation Office in cases of appeal shall
be final. 114
Final and Transitional Provisions
Art. 162 115
Mandatory provisions
1
The provisions of article 68 paragraph 1, 76, 91 paragraph 1, 96 paragraph 1
and 118 paragraph 2 may not be changed by contractual agreement.
2
The following provisions may not be changed by contractual agreement:
a.
if to the prejudice of a seaman: articles 69, 70, 72 to 75, 77 to 80, 81
paragraph 2, 82 to 86;
b.
if to the prejudice of the holder of an original copy of a bill of lading:
article 117;
if to the prejudice of a passenger, the provisions of article 118 paragraph 1 that have mandatory application relating to the carriage of
passengers at sea.
c.
Art. 163
Swiss Civil Code
The provisions in the Final Part of the Swiss Civil Code 116 shall apply to the
present law.
Art. 164
1
Amendment of
All rights to fly
previous law
a) on the Swiss flag eral Council of 9
the Swiss flag granted in terms of the resolution of the FedApril 1941 on Navigation under the Swiss Flag shall expire
two years after the present law has come into force.
2
At least one year prior to the expiry of the period laid down in the foregoing
paragraph, the Swiss Maritime Navigation Office must officially inform the
owners and operators of Swiss vessels of the additional conditions that must be
fulfilled in order that their ships remain registered after the expiry of the
aforementioned period.
3
In exceptional cases the Federal Council may extend the foregoing period at
the request of the Swiss Maritime Navigation Office or of the shipowner.
Art. 165
b) on hire contracts
The contract of hire signed prior to this law coming into force must be
amended in accordance with the new provisions within one year. After the
expiry of this period, the new law shall also apply to all contracts of hire
entered into prior to this law coming into force.
113
Wording in accordance with Federal Law of 20 March 1987 (Section I), in effect since 1 February 1989
Wording in accordance with Federal Law of 17 December 1976 (Section I), in effect since 1 August 1977
115
Wording in accordance with Federal Law of 14 December 1965 (Section I), in effect since 1 January 1967
116
SR 210
114
49
Art. 166
c) on the use of the
vessel
1
Articles 102 to 117 shall apply immediately to ocean freight contracts signed
prior to the present law coming into force.
2
The other contracts on the use of a vessel, if signed before the present law
coming into force, shall be amended in accordance with the new provisions
within six months. After the expiry of this period, the new law shall also apply
to all the contracts on the use of a vessel entered into prior to this law coming
into force.
Art. 167
Entry into force
The Federal Council shall determine the effective time for this law to be
brought into force.
50