IMSML Website Article 40/2023: MSN13/2023 - Appointment of Malaysia’s Marine Department (MARDEP) as a Competent Authority as per International Convention on the Safety of Life at Sea 74/78 (SOLAS)

MSN13/2023 is notice that the Marine Department (MARDEP) of Malaysia has been appointed the 'Competent Authority' for the purposes of Regulation V/12 of the International Convention on the Safety of Life at Sea 74/78 (SOLAS), see Para [1]. As the 'Competent Authority', MARDEP plays a role in the supervision of 'Vessel Traffic Services' (VTS).

In particular, Regulation V/12 stipulates that role includes the following contributions:

[1] Safety of life at sea;

[2] Safety and efficiency of navigation;

[3] Protection of the marine environment, which also encompasses adjacent shore areas, work sites and offshore installations. In this role, MARDEP is to regulate these areas from the possible adverse effects of maritime traffic.

When the volume of traffic or the degree of risk justifies VTS services, Contracting governments may establish VTS. The decision whether to establish such services lies solely within the purview of the Contracting governments as Regulation V/12 uses the phrase ‘in their opinion’. Whenever possible to do so, Regulation V/12 requires Contracting governments to follow the guidelines, wherever possible.

Hence in performing its role as the designated ‘Competent Authority’, MARDEP will take into account these guidelines. Although described as ‘guidelines’, these provisions carry tremendous weight as it is used internationally and has received the endorsement of IMO Assembly Resolution A.1158(32). It is therefore in practice at an international level. The higher the degree of compliance and the less the deviation from these guidelines, the greater will the level of harmonisation be achieved internationally, ie there will be less surprises when one navigates from one part of the world to another. Therefore, MARDEP will have to adhere to the letter and spirit of the guidelines when planning and implementing VTS in accordance with Regulation V/1.

MARDEP’s designation took effect on 25 September 2023, ie the date of issue of MSN13/2023, see Para [5].

Thank you for reading IMSML Website Article 40/2023

Stay tuned for the next IMSML Website Article 01/2024: The Delta Corp Shipping Case [2023] MLJU 630

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Friday, 3 November 2023

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my