Papers relating to the foreign relations of the United States, 1930, Volume I

Treaty Series No. 858

International Load Line Convention and Final Protocol, Signed at London, July 5, 1930⁷⁹

international load line convention

Preamble

The Governments of Germany, the Commonwealth of Australia, Belgium, Canada, Chile, Cuba, Denmark, the Free City of Danzig, Spain, the Irish Free State, the United States of America, Finland, France, the United Kingdom of Great Britain and Northern Ireland, Greece, India, Iceland, Italy, Japan, Latvia, Mexico, Norway, New Zealand, Paraguay, the Netherlands, Peru, Poland, Portugal, Sweden, and the Union of Socialist Soviet Republics; desiring to promote safety of life and property at sea by establishing in common agreement uniform principles and rules with regard to the limits to which ships on international voyages may be loaded, have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries:—

[Here follows list of names of plenipotentiaries.]

Who, having communicated their full powers, found in good and due form, have agreed as follows:—

Chapter I.—Preliminary

Article 1

general obligation of convention

So that the load lines prescribed by this Convention shall be observed, the Contracting Governments undertake to give effect to the provisions of this Convention, to promulgate all regulations, and to take all other steps which may be necessary to give this Convention full and complete effect.

The provisions of this Convention are completed by Annexes,⁸⁰ which have the same force and take effect at the same time as this Convention. Every reference to this Convention implies at the same time a reference to the Rules annexed thereto.

Article 2

scope of convention

1. This Convention applies to all ships engaged on international voyages, which belong to countries the Governments of which are Contracting Governments, or to territories to which this Convention is applied under Article 21, except—

(a) ships of war; ships solely engaged in fishing; pleasure yachts and ships not carrying cargo or passengers;

(b) ships of less than 150 tons gross.

2. Ships when engaged on international voyages between the near neighbouring ports of two or more countries may be exempted by the Administration to which such ships belong from the provisions of this Convention, so long as they shall remain in such trades, if the Governments of the countries in which such ports are situated shall be satisfied that the sheltered nature and conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of this Convention to ships engaged in such trades.

3. All agreements and arrangements relating to load line or matters appertaining thereto at present in force between Contracting Governments shall continue to have full and complete effect during the terms thereof as regards—

(a) ships to which this Convention does not apply;

(b) ships to which this Convention applies in respect of matters for which it has not expressly provided.

To the extent, however, that such agreements or arrangements conflict with the provisions of this Convention, the provisions of this Convention shall prevail.

Subject to any such agreement or arrangement—

(a) all ships to which this Convention does not apply; and

(b) all matters which are not expressly provided for in this Convention;

shall remain subject to the legislation of each Contracting Government to the same extent as if this Convention had not been made.

Article 3

definitions

In this Convention, unless expressly provided otherwise—

(a) a ship is regarded as belonging to a country if it is registered by the Government of that country;

(b) the expression “Administration” means the Government of the country to which the ship belongs;

(c) an “international voyage” is a voyage from a country to which this Convention applies to a port outside such country, or conversely, and for this purpose, every colony, overseas territory, protectorate or territory under suzerainty or mandate is regarded as a separate country;

(d) the expression “Rules” means the Rules contained in Annexes I, II and III;

(e) a “new ship” is a ship, the keel of which is laid on or after the 1st July, 1932, all other ships being regarded as existing ships.

(f) the expression “steamer” includes any vessel propelled by machinery.

Article 4

cases of “force majeure”

No ship, which is not subject to the provisions of this Convention at the time of its departure on any voyage, shall become subject to the provisions of this Convention on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

In applying the provisions of this Convention, the Administration shall give due consideration to any deviation or delay caused to any ship owing to stress of weather or to any other cause of force majeure.

Chapter II.—Load Line: Survey and Marking

Article 5

general provisions

No ship to which this Convention applies shall proceed to sea on an international voyage after the date on which this Convention comes into force, unless the ship, being—

A —a new ship,

(a) has been surveyed in accordance with the provisions of Annex I;

(b) complies with the provisions of Part II of Annex I; and

(c) has been marked in accordance with the provisions of this Convention.

B —an existing ship,

(a) has been surveyed and marked (whether before or after this Convention comes into force) in accordance with the conditions prescribed either in paragraph A of this Article or in one of the sets of Rules for the Assignment of Load Line particularised in Annex IV; and

(b) complies with the provisions of Part II of Annex I in principle, and also in detail, so far as is reasonable and practicable, having regard to the efficiency of (i) the protection of openings; (ii) guard rails; (iii) freeing ports, and (iv) means of access to crews’ quarters provided by the existing arrangements, fittings and appliances on the ship.

Article 6

provisions for steamers carrying timber deck cargoes

1. A steamer which has been surveyed and marked under Article 5 shall be entitled to be surveyed and marked with a timber load line under Part V of Annex I if, being—

A —a new ship, it complies with the conditions and provisions prescribed in Part V of Annex I;

B —an existing ship, it complies with the conditions and provisions of Part V of Annex I other than Rule LXXX, and also in principle, so far as is reasonable and practicable, with the conditions and provisions prescribed by Rule LXXX provided that in assigning a timber load line to an existing ship the Administration shall make such addition to the freeboard as shall be reasonable, having regard to the extent to which such ship falls short of full compliance with the conditions and provisions prescribed in Rule LXXX.

2. A steamer when using the timber load line shall comply with Rules LXXXIV, LXXXV, LXXXVI, LXXXVIII and LXXXIX.

Article 7

provisions for tankers

A steamer which has been surveyed under Article 5 shall be entitled to be surveyed and marked as a tanker under Part VI of Annex I if, being—

A —a new ship, it complies with the conditions and provisions prescribed in Part VI of Annex I;

B —an existing ship, it complies with the conditions and provisions in Rules XCIII, XCVI, XCVII, XCVIII and XCIX, and also in principle so far as is reasonable and practicable with Rules XCIV, XCV and C, provided that in assigning a tanker load line to an existing ship the Administration shall make such addition to the freeboard as shall be reasonable having regard to the extent to which such ship falls short of full compliance with the conditions and provisions prescribed in Rules XCIV, XCV and C.

Article 8

provisions for ships of special types

For steamers over 300 feet in length, possessing constructional features similar to those of a tanker which afford extra invulnerability against the sea, a reduction in freeboard may be granted.

The amount of such reduction shall be determined by the Administration in relation to the freeboard assigned to tankers, having regard to the degree of compliance with the conditions of assignment laid down for these ships, and the degree of subdivision provided.

The freeboard assigned to such a ship shall in no case be less than would be assigned to the ship as a tanker.

Article 9

survey

The survey and marking of ships for the purpose of this Convention shall be carried out by officers of the country to which the ships belong, provided that the Government of each country may entrust the survey and marking of its ships either to Surveyors nominated for this purpose, or to organisations recognised by it. In every case the Government concerned fully guarantees the completeness and efficiency of the survey and marking.

Article 10

zones and seasonal areas

A ship to which this Convention applies shall conform to the conditions applicable to the zones and seasonal areas described in Annex II to this Convention.

A port standing on the boundary line between two zones shall be regarded as within the zone from or into which the ship arrives or departs.

Chapter III.—Certificates

Article 11

issue of certificates

A certificate, called “International Load Line Certificate,” shall be issued to every ship which has been surveyed and marked in accordance with this Convention, but not otherwise.

An International Load Line Certificate shall be issued either by the Government of the country to which the ship belongs or by any person or organisation duly authorised by that Government, and in every case the Government assumes full responsibility for the certificate.

Article 12

issue of certificates by another government

The Government of a country to which this Convention applies may, at the request of the Government of any other country to which this Convention applies, cause any ship which belongs to the last-mentioned country, or (in the case of an unregistered ship) which is to be registered by the Government of that country, to be surveyed and marked, and, if satisfied that the requirements of this Convention are complied with, issue an International Load Line Certificate to such ship, under its own responsibility. Any certificate so issued must contain a statement to the effect that it has been issued at the request of the Government of the country to which the ship belongs, or of the Government by whom the ship is to be registered, as the case may be, and it shall have the same force and receive the same recognition as a certificate issued under Article 11 of this Convention.

Article 13

form of certificate

The International Load Line Certificates shall be drawn up in the official language or languages of the country by which they are issued.

The form of the certificate shall be that of the model given in Annex III, subject to such modifications as may, in accordance with Rule LXXVIII, be made in the case of ships carrying timber deck cargoes.

Article 14

duration of certificates

1. An International Load Line Certificate shall, unless it is renewed in accordance with the provisions of paragraph 2 of this Article, expire at the end of such period as may be specified therein by the Administration which issues it: but the period so specified shall not exceed five years from the date of issue.

2. An International Load Line Certificate may be renewed from time to time by the Administration which issued it for such period (not exceeding five years on any occasion) as the Administration thinks fit, after a survey not less effective than the survey required by this Convention before the issue of the certificate, and any such renewal shall be endorsed on the certificate.

3. An Administration shall cancel any International Load Line Certificate issued to a ship belonging to its country:

A. If material alterations have taken place in the hull and superstructures of the ship which affect the calculations of freeboard.

B. If the fittings and appliances for the (i) protection of openings, (ii) guard rails, (iii) freeing ports and (iv) means of access to crews’ quarters are not maintained in as effective a condition as they were in when the certificate was issued.

C. If the ship is not inspected periodically at such times and under such conditions as the Administration may think necessary for the purpose of securing that the hull and superstructures referred to in Condition A are not altered and that the fittings and appliances referred to in Condition B are maintained as therein provided throughout the duration of the certificate.

Article 15

acceptance of certificates

International Load Line Certificates issued under the authority of a Contracting Government shall be accepted by the other Contracting Governments as having the same force as the certificates issued by them to ships belonging to their respective countries.

Article 16

control

1. A ship to which this Convention applies, when in a port of a country to which it does not belong, is in any case subject to control with respect to load line as follows: An officer duly authorised by the Government of that country may take such steps as may be necessary for the purpose of seeing that there is on board a valid International Load Line Certificate. If there is such a certificate on board the ship, such control shall be limited to the purpose of securing—

(a) that the ship is not loaded beyond the limits allowed by the certificate;

(b) that the position of the load line on the ship corresponds with the certificate; and

(c) that the ship has not been so materially altered in respect to the matters dealt with in conditions A and B (set out in paragraph 3 of Article 14) that the ship is manifestly unfit to proceed to sea without danger to human life.

2. Only officers possessing the necessary technical qualifications shall be authorised to exercise control as aforesaid, and if such control is exercised under (c) above, it shall only be exercised in so far as may be necessary to secure that the ship shall be made fit to proceed to sea without danger to human life.

3. If control under this Article appears likely to result in legal proceedings being taken against the ship, or in the ship being detained, the Consul of the country to which the ship belongs shall be informed as soon as possible of the circumstances of the case.

Article 17

privileges

The privileges of this Convention may not be claimed in favour of any ship unless it holds a valid International Load Line Certificate.

Chapter IV.—General Provisions

Article 18

equivalents

Where in this Convention it is provided that a particular fitting, or appliance, or type thereof, shall be fitted or carried in a ship, or that any particular arrangement shall be adopted, any Administration may accept in substitution therefor any other fitting, or appliance, or type thereof, or any other arrangement, provided that such Administration shall have been satisfied that the fitting, or appliance, or type thereof, or the arrangement substituted is in the circumstances at least as effective as that specified in this Convention.

Any Administration which so accepts a new fitting, or appliance, or type thereof, or new arrangement shall communicate the fact to the other Administrations, and, upon request, the particulars thereof.

Article 19

laws, regulations, reports

The Contracting Governments undertake to communicate to each other—

(1) the text of laws, decrees, regulations and decisions of general application which shall have been promulgated on the various matters within the scope of this Convention;

(2) all available official reports or official summaries of reports in so far as they show the results of the provisions of this Convention, provided always that such reports or summaries are not of a confidential nature.

The Government of the United Kingdom of Great Britain and Northern Ireland is invited to serve as an intermediary for collecting all this information and for bringing it to the knowledge of the other Contracting Governments.

Article 20

modifications, future conferences

1. Modifications of this Convention which may be deemed useful or necessary improvements may at any time be proposed by any Contracting Government to the Government of the United Kingdom of Great Britain and Northern Ireland, and such proposals shall be communicated by the latter to all the other Contracting Governments, and if any such modifications are accepted by all the Contracting Governments (including Governments which have deposited ratifications or accessions which have not yet become effective) this Convention shall be modified accordingly.

2. Conferences for the purpose of revising this Convention shall be held at such times and places as may be agreed upon by the Contracting Governments.

A Conference for this purpose shall be convoked by the Government of the United Kingdom of Great Britain and Northern Ireland whenever, after this Convention has been in force for five years, one-third of the Contracting Governments express a desire to that effect.

Chapter V.—Final Provisions

Article 21

application to colonies

1. A Contracting Government may, at the time of signature, ratification, accession or thereafter, by a notification in writing addressed to the Government of the United Kingdom of Great Britain and Northern Ireland, declare its desire that this Convention shall apply to all or any of its Colonies, overseas territories, protectorates or territories under suzerainty or mandate, and this Convention shall apply to all the territories named in such notification, two months after the date of the receipt thereof, but, failing such notification, this Convention will not apply to any such territories.

2. A Contracting Government may at any time by a notification in writing addressed to the Government of the United Kingdom of Great Britain and Northern Ireland express its desire that this Convention shall cease to apply to all or any of its colonies, overseas territories, protectorates or territories under suzerainty or mandate to which this Convention shall have, under the provisions of the preceding paragraph, been applicable for a period of not less than five years, and in such case the Convention shall cease to apply twelve months after the date of the receipt of such notification by the Government of the United Kingdom of Great Britain and Northern Ireland to all territories mentioned therein.

3. The Government of the United Kingdom of Great Britain and Northern Ireland shall inform all the other Contracting Governments of the application of this Convention to any Colony, overseas territory, protectorate or territory under suzerainty or mandate under the provisions of paragraph 1 of this Article, and of the cessation of any such application under the provisions of paragraph 2, stating in each case the date from which this Convention has become or will cease to be applicable.

Article 22

authentic texts.—ratification

This Convention, of which both the English and French texts shall be authentic, shall be ratified.

The instruments of ratification shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which will notify all the other signatory or acceding Governments of all ratifications deposited and the date of their deposit.

Article 23

accession

A Government (other than the Government of a territory to which Article 21 applies) on behalf of which this Convention has not been signed, shall be allowed to accede thereto at any time after the Convention has come into force. Accessions shall be effected by means of notifications in writing addressed to the Government of the United Kingdom of Great Britain and Northern Ireland, and shall take effect three months after their receipt.

The Government of the United Kingdom of Great Britain and Northern Ireland shall inform all signatory and acceding Governments of all accessions received and of the date of their receipt.

Article 24

date of coming in force

This Convention shall come into force on the 1st July, 1932, as between the Governments which have deposited their ratifications by that date, and provided that at least five ratifications have been deposited with the Government of the United Kingdom of Great Britain and Northern Ireland. Should five ratifications not have been deposited by that date, this Convention shall come into force three months after the date on which the fifth ratification is deposited. Ratifications deposited after the date on which this Convention has come into force shall take effect three months after the date of their deposit.

Article 25

denunciation

This Convention may be denounced on behalf of any Contracting Government at any time after the expiration of five years from the date on which the Convention comes into force in so far as that Government is concerned. Denunciation shall be effected by a notification in writing addressed to the Government of the United Kingdom of Great Britain and Northern Ireland, which will notify all the other contracting Governments of all denunciations received and of the date of their receipt.

A denunciation shall take effect twelve months after the date on which notification thereof is received by the Government of the United Kingdom of Great Britain and Northern Ireland.

In faith whereof, the Plenipotentiaries have signed hereafter.

Done at London this fifth day of July, 1930, in a single copy, which shall remain deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which shall transmit certified true copies thereof to all signatory Governments.

[Here follow the signatures of plenipotentiaries on behalf of the Governments of Germany, the Commonwealth of Australia, Belgium, Canada, Chile, Cuba, Denmark, the Free City of Danzig, Spain, the Irish Free State, the United States of America, Finland, France, the United Kingdom of Great Britain and Northern Ireland, Greece, India, Iceland, Italy, Japan, Latvia, Mexico, Norway, New Zealand, Paraguay, the Netherlands, Peru, Poland, Portugal, Sweden, and the Union of Soviet Socialist Republics.]

final protocol

At the moment of signing the International Load Line Convention concluded this day, the under-mentioned Plenipotentiaries have agreed on the following:—

I

Ships engaged solely on voyages on the Great Lakes of North America and ships engaged in other inland waters are to be regarded as outside the scope of the Convention.

II

This Convention is not applied to the existing ships of the United States of America and of France of the lumber schooner type propelled by power, with or without sails, or by sails alone.

III

The Government of the United Kingdom of Great Britain and Northern Ireland shall convoke a Conference of the Contracting Governments of the countries to which tankers belong, upon request of the United States of America, at any time within the five-year period mentioned in Article 20, for the purpose of discussing matters relating to tanker freeboard.

The Contracting Governments will not raise any objection to the provisions contained in this Convention in regard to tanker load line being altered as may be determined at such Conference, provided that the conclusions then reached are communicated forthwith to the Governments signatory to the present Convention and that no objection is received by the Government of the United Kingdom of Great Britain and Northern Ireland within six months of the despatch of such communication.

In Witness whereof the Plenipotentiaries have drawn up this Final Protocol which shall have the same force and the same validity as if the provisions thereof had been inserted in the text of the Convention to which it belongs.

Done at London this fifth day of July, 1930, in a single copy which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which shall transmit certified true copies thereof to all signatory Governments.

[Here follow the signatures on behalf of the Governments signatory to the convention.]

79. Ratification advised by the Senate, February 27 (legislative day February 17), 1931; ratified by the President, May 1, 1931; ratification of the United States deposited at London, June 10, 1981; proclaimed by the President, January 5, 1933.
80. The annexes, which are printed in Department of State Treaty Series No. 858 and 47 Stat. 2228, are not reprinted here.