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20<br />
Rendering of Assistance<br />
to Persons in Distress at Sea<br />
20.1 OBJECTIVE<br />
The objective of this Chapter is to identify applicable obligations on MASS and/or their operating<br />
personnel in an RCC under international law to render assistance to persons in distress at sea and to<br />
prescribe the means by which any such duty might be effectively discharged. It should be stressed<br />
that this is an area of MASS operation which will be kept under review as new classes of MASS are<br />
developed. Feedback from operators will be an essential element of this process.<br />
20.2 REQUIREMENTS OF INTERNATIONAL LAW<br />
20.2.1 Article 98 of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) requires flag States to enact<br />
laws to require the Master of one of its flagged ships to render assistance to any person(s) found at sea in danger,<br />
insofar as it can be done without serious danger to the ship.<br />
20.2.2 In particular, the Master, if informed of persons in distress, must proceed with all possible speed to the rescue of<br />
such persons insofar as such action may reasonably be expected of him.<br />
20.2.3 The International Convention for the Safety of Life at Sea, 1974 as amended (SOLAS) prescribes the same<br />
obligation to contracting States in Regulation 33 of Chapter V (Navigation), adding that masters who have embarked<br />
persons in distress at sea should treat them with humanity, within the capabilities and limitations of the ship.<br />
20.3 APPLICABILITY TO MASS OPERATIONS<br />
20.3.1 The international State obligation of rendering assistance is to be practically discharged by the Master of a ship,<br />
rather than the ship itself. Therefore, the duty cannot lie with the MASS, but only potentially to persons operating it.<br />
20.3.2 The State obligations will only find application to MASS operators to the extent that both:<br />
n the MASS is itself a “ship”; and<br />
n an individual operator can be regarded as its “master” at the time of becoming aware of an incident.<br />
20.3.3 A “master” under s.313 of the Merchant Shipping Act 1995 is the individual with “command or charge of a ship”.<br />
The Master for a MASS is as defined at Chapter 2 of this Code.<br />
20.4 MASS REMOTE CONTROLLER TASK REQUIREMENTS<br />
20.4.1 The duty to render assistance will fall to be discharged, if at all, by the MASS Master, potentially delegated to the<br />
controller, both as defined at Chapter 1 of Part 2 of this Code.<br />
146<br />
MASS UK Industry Conduct Principles and Code of Practice Version 7