Convention ILO C92 Accommodation of Crews Convention (Revised), (18.06.1949)

 

Convention C92

ACCOMMODATION OF CREWS CONVENTION (REVISED), 1949

(18.06.1949)

Convention concerning Crew Accommodation on Board Ship (Revised 1949)

 

 

The General Conference of the International Labour Organisation,

 

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and

 

Having decided upon the adoption of certain proposals with regard to the partial revision of the Accommodation of Crews Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and

 

Considering that these proposals must take the form of an international Convention,

 

adopts this eighteenth day of June of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Accommodation of Crews Convention (Revised), 1949:

 

PART I. GENERAL PROVISIONS

 

Article 1

 

1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory for which this Convention is in force.

 

2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention.

 

3. This Convention does not apply to:

 

a) vessels of less than 500 tons;

 

b) vessels primarily propelled by sail but having auxiliary engines;

 

c) vessels engaged in fishing or in whaling or in similar pursuits;

 

d) tugs.

 

4. Provided that the Convention shall be applied where reasonable and practicable to:

 

a) vessels between 200 and 500 tons; and

 

b) the accommodation of persons engaged in usual sea-going routine in vessels engaged in whaling or in similar pursuits.

 

5. Provided also that any of the requirements contained in Part III of this Convention may be varied in the case of any ship if the competent authority is satisfied, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are not less favourable than those which would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.

 

Article 2

 

In this Convention:

 

a) the term ship means a vessel to which the Convention applies;

 

b) the term tons means gross register tons;

 

c) the term passenger ship means a ship in respect of which there is in force either (i) a safety certificate issued in accordance with the provisions of the International Convention for the Safety of Life at Sea for the time being in force or (ii) a passenger certificate;

 

d) the term officer means a person other than a master ranked as an officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;

 

e) the term rating means a member of the crew other than an officer;

 

f) the term petty officer means a rating serving in a supervisory position or position of special responsibility who is classed as petty officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;

 

g) the term crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;

 

h) the term prescribed means prescribed by national laws or regulations or by the competent authority;

 

i) the term approved means approved by the competent authority;

 


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