Implication of COVID-19 outbreak on ship survey and certification

Abstract

The COVID-19 pandemic is having a significant implication on shipping industry causing disruption to smooth operation of ships. In particular, it has been difficult to arrange ship surveys due to a restriction on surveyors’ travel to reach ports for the surveys. However, to keep ships to continue operating, all ships must be surveyed and have relevant certificates renewed in a timely manner. In response, Classification Societies and flag Administrations have come up with temporary measure by granting 3-month extension of ship surveys. The rationale for granting extension up to 3 months can be found in Class rules and IMO instruments in force majeure clauses and extension clauses respectively. However, the real test is just beginning for further extension beyond 3 months as the COVID-19 pandemic seems to prolong globally, and there is no legal ground for this further extension in both Class rules and IMO instruments. Thus, granting such extension beyond 3 months of statutory maximum would leave uncertainty about the legal exposure of all parties involved in case a ship were victimized during the extension period. To ease the legal uncertainty, this paper suggests that the force majeure clause in Class rules should be amended to cover the COVID-19 pandemic. It is also suggested that IMO should embark the discussion to amend the extension clause, to cover the possibility of not being able to find a port in which a ship can be surveyed within 3 months in the wake of world-wide pandemic like the COVID-19 outbreak.