What is a Ship? ...a legal perspective.



What is a ship?

 

The status of a ship or vessel is important for issues like tax, insurance, damages, personal injuries claim, maritime claim and time limitation. Some dictionary has defined a ship as a large boat used for carrying people or goods across the sea, a large spacecraft or an aircraft.  The Merchant Shipping Act of the UK provides that a “ship” includes every description of vessel used in navigation”. In Halsbury's Laws, the meaning of “ship” reads: "Unless the context otherwise requires, 'ship' includes every description of vessel used in navigation. Whether a vessel comes within that meaning of a ship depends on the facts of each case; the statutory definition is intended to enlarge the meaning of “ship”. To be a ship, a vessel must be used in navigable waters, either inland or at sea, and, although she must be constructed for navigation, it is not necessary to the definition that she should be able to navigate under her own power. The presence of a rudder and the manning of the vessel with a crew are important as showing that a vessel is a ship, but the absence of either does not mean that a vessel is not a ship. The purpose for which a vessel has been and is being used is also material when considering whether she is used in navigation."


 The key in the interpretation of various legal cases has been the reference to "use in navigation". This test has enabled the courts to include within the scope of the definition structures of very specialized kinds. 


Thus a hopper-barge, flotel and backhoe dredger all were held to be “ships” whereas those structures whose “moving across the seas”, was minimal or non-existent have been held not to be “ships”, i.e. a gas float moored in tidal waters to give light to vessels, a pontoon crane and a flying boat. The courts have also held that jack-up rigs (mobile oil-drilling rigs) are considered “ship” as it appear, as long as “navigation” is a significant part of the function of the structure in question. The mere fact that it is incidental to some more specialised function, such as dredging or the provision of accommodation, does not take it outside the definition. Also, “navigation” does not connote anything more than movement across the water and conveying persons and cargo is not an essential characteristic.


Note: The Canadian Shipping Act defines a “ship” to include any description of a vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to the method or lack of propulsion. In the USA, a ship is included in the definition of a vessel. A vessel is every kind of water and aircraft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship, boat, barge, or other watercraft or any structure capable of floating on the water.

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