Maritime | Crewing

The Merchant Shipping Act Chapter 234 of the Laws of Malta clearly regulates the position of masters and seamen employed on board Maltese registered yachts in line with recognised international and European standards. Maltese law has ratified the standards endorsed by various International Labour Conventions (ILO),and although Malta has not as yet ratified the Maritime Labour Convention 2006 (MLC), on careful examination it is noted that most of the provisions of Maltese law are indeed in line with the principals found in the MLC 2006.

The Malta flag is an advantageous crewing solution not only because of the strong legal validity it holds on the international front. Maltese Law provides a flexible option of operation since it does not impose specific requirements on the nationality of the crew employed on board Maltese flagged vessels.

Qualifications of Crew on board Maltese Registered Yachts

Subsidiary Legislation 234.17 on Merchant Shipping (Training and Certification) Regulations ratifies and is drafted in terms of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), as well as the Seafarers’ Training, Certification and Watchkeeping Code adopted by the 1995 Conference of Parties to the STCW Convention.

In accordance with this subsidiary legislation a person is qualified as an officer on board a Maltese registered vessel, as prescribed by the STCW Convention if such person holds a certificate of competence issued or recognized and endorsed in one of the following capacities – master, chief mate, officer in charge of a navigational watch, chief engineer officer, engineer officer, officer in charge of an engineering watch.

Below is a table of the criteria for appropriate certification in accordance with the STCW Convention

It is significant to note that the Maltese Authority examines the suitability or otherwise of each crew member to be employed on a Maltese flagged yacht on a case by case analysis based on the technical specifications of the yacht and its nature of service. Furthermore, the Maltese Authority recognises and accepts certification equivalent to STCW.

A valid Minimum Safe Manning Certificate must be carried by all Maltese yachts which are over 24 meters in length or over 500 gross tonnes (GT). . A Minimum Safe Manning Certificate is valid for a period of five years from the date of provisional registration. Thereafter, prior to the expiry of the certificate or upon any change in the equipment, construction or trading of the yacht, the Maltese Authority will issue a new certificate valid for a period of five years which coincides with the date of the renewal of the certificate of registry.

The yacht should be manned at all times in line with the terms of the Minimum Safe Manning Certificate, unless any specific exemptions relative to brief periods of operation of the yacht or other specific circumstances are officially authorised by the Authority.

The placing on board of cooks/stewards remains the Owners’ responsibility if and as required. All crew on board Maltese yachts should hold a valid medical fitness certificate, often a requirement which is also provided for in the specific crew contract.

The Malta Commercial Yacht Code provides for the following minimum requirements:

On yachts less than 24 metres in hull:

• The Master should hold an approved Basic Sea Survival Certificate;
• One crew member should hold an approved Fire Fighting Certificate.

On yachts more than 24 metres in length and above but below 500 GT:

• The Master should hold an approved Basic Sea Survival course Certificate and a Fire Fighting course Certificate;
• One crew member should hold an approved Basic Sea Survival course Certificate;
• One crew member should hold an approved Fire Fighting course Certificate.

On yachts over 500 GT and above but less than 3000 GT:

• All officers are to hold an approved Basic Sea Survival course Certificate;
• The Master should hold an approved First Aid at Sea course Certificate and Fire Fighting course Certificate;
• One crew member is to hold an approved First Aid at Sea course Certificate;
• A minimum of four crew members are to hold an approved Fire Fighting course Certificate.

When determining the minimum manning levels on board a Maltese flagged yacht, the following factors will be taken in consideration:

• Gross tonnage;
• Main propulsion machinery power installed on board;
• Length and nature of voyages with passengers on board;
• Frequency of Port Calls;
• Nature of areas of operation including the environmental conditions and time of year;
• Size, age, type of yacht, type of rig (in case of sailing yachts), equipment, automation and layout;
• Type of construction and type of equipment on board;
• STCW requirements;
• Yacht’s operational requirements and the minimum number of crew required to maintain a safe operational level for the crew and to handle emergency situations and muster and disembark the
• Passengers;
• Maintain a safe engineering watch and operate the ship’s machinery in a safe manner.
• The schedules provided within this section should serve to indicate the typical manning expectations of the Administration

It is important to note that although one finds specific manning tables for crew on board yachts below and over 24 meters in length, the Maltese Authority seeks to examine and ascertain competence of each crew member to work on a particular yacht on a case by case basis. It is for this reason important to establish with the Maltese Authority whether a particular member can be authorised to be employed on a Maltese flagged yacht in the desired capacity, before signing any contract with the prospective crew member.

Special considerations are made by the Maltese Authority that relate to requests for reduction in the required engine crew, these considerations are usually subject to the following conditions:

• The yacht being a ‘Short Range Yacht’;
• Maximum periods when undertaking navigation not exceeding 12 hours duration;
• A minimum of one crew member having a Yacht Engine Operator Certificate or equivalent;
• The yacht having a valid engine maintenance agreement with the engine makers (or their approved service station).