Actions of shipowners in force majeure circumstances

Imposing the ship into the ship class status to code 15 "Class valid (force majeure)"

Force Majeure: unforeseen impossibility to attend the ship by a surveyor to the Classification Society to carry out ship's survey due to governmental restrictions on access onboard; unforeseen delays in port or inability to discharge cargo due to unusually lengthy periods of severe weather, strikes or civil strife; acts of war; other force majeure (the definition from the Guidelines on Technical Supervision of Ships in Service).

In case of force majeure reasonably beyond the shipowner’s or the Register control, the ship is not in the port (at sea) or in the port where the RS Surveyor can not carry out surveys, RS may transfer of the ship class to code 15 "Class valid (force majeure)" and allow the ship in a valid class to sail to the nearest agreed port of call at which the overdue survey will be completed.

Consideration of the issue of application of code 15 "Class valid (force majeure)" to ships is carried out upon the written request submitted by the shipowner.

The written request from the shipowner shall contains the following minimum required information.

• brief description of force majeure due to which the survey cannot be carried out by the stipulated time;

• the nearest port of call at which the overdue survey will be completed;

• estimated time of the ship's arrival at the port.

Appendix to the written request:

• documented confirmation of the "force majeure" circumstances (copies of documents: the correspondence with the Port Authority or the agent, the agreement with the port for the processing / servicing of ships and cargoes, meteorological reports, sheets from ship or engine logs, etc.)

• the written confirmation from the master (with reference to records in ship's log-book and engine room log) that the ship is able to complete or make a direct voyage to the nearest agreed port of call. The written confirmation from the master shall contains the phrase - "...the vessel is in satisfactory condition and that the ship can complete or make a one trip voyage to the nearest agreed port of call."