Article II(3)
In the event of doubt as to whether any categories of persons are to be
regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.
According to the Bahamas Maritime Authority Information Bulletin No. 127, Rev. 02 concerning the Maritime Labour Convention, 2006 (MLC 2006), dated 27 March 2013, The Bahamas considers that the following persons are not seafarers for the purpose of MLC 2006 application:
- Port workers, including travelling stevedores;
- Pilots and port officials;
- Ship surveyors and auditors;
- Equipment repair/service technicians and riding crew whose principal place of employment is onshore;
- Guest entertainers who work occasionally and short term onboard with their principal place of employment being onshore.
Article II(5)
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
According to the Bahamas Maritime Authority Information Bulletin No. 127, Rev. 02, concerning the Maritime Labour Convention, 2006 (MLC 2006), dated 27 March 2013, The Bahamas has determined that the following will not be considered ships for the purpose of application of the requirements of MLC 2006:
- Ships that are trading and/or operating exclusively between ports and facilities within The Bahamas;
- Offshore units whose primary service is drilling operations for the exploration, exploitation or production of resources beneath the sea-bed and are not ordinarily engaged in navigation or international voyages;
- Commercial yachts of less than 24 meters in length;
- Yachts in non-commercial use of any size.
Article II(6)
Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners’ and seafarers’ organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages.
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