Rs 747.30 Federal Law Of 23 September 1953 On Maritime Navigation Under The Swiss Flag

Original Language Title: RS 747.30 Loi fédérale du 23 septembre 1953 sur la navigation maritime sous pavillon suisse

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
747.30 Federal Act on maritime navigation under the Swiss flag of September 23, 1953 (State November 1, 2015) the Federal Assembly of the Swiss Confederation, view the art. 87 and 122 of the Constitution, given the message of the federal Council of February 22, 1952, stop: title I of the Organization and the authorities chapter I principles General art. 1 Swiss and right of people under Swiss law and law people maritime navigation under the Swiss flag is governed by Swiss law to the extent compatible with the principles of the law of Nations.

Art. 2 Swiss Swiss ships ships ships Swiss sea vessels registered in the register of ships Swiss.
Basel is the unique port of Swiss ships.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 3 Swiss maritime flag Swiss maritime flag the Swiss flag cannot be flown by Swiss ships. A Swiss ship the flag Swiss, excluding any other.
The Swiss flag is a white cross on a red background; its forms and proportions meet the figure published in the annex to this Act.

Art. 4 application of Swiss law Swiss law enforcement federal law is in effect on Swiss ships: on the high seas without sharing. in territorial waters as a law of the coastal State is not declared mandatory. In the event of sinking of a Swiss, is implemented in the same measure between the survivors.
The offences within the meaning of the Swiss criminal code and other penal provisions of federal law committed on a Swiss ship are however punishable under Swiss law without regard to the place where the ship was when they were committed.
Moreover, the penal provisions of this Act are applicable, that the offences they repress have occurred out of Switzerland or in Switzerland.
The author cannot be punished in Switzerland: - if he has been acquitted abroad for the same Act by a judgment; - if it has been the sentence against him abroad, if this sentence was given, or if it is prescribed.

If it has been abroad as part of the sentence against him, this part will be charged on the sentence to pronounce.

RS 311.0 art. 4aConclusion of international conventions by the Council federal Conclusion of international conventions by the Council federal a. prevention of pollution of the seas by ships and the fight against this pollution; (b) the safety of the crew; c. prevention of damage; d. measures of search and rescue shipwreck.

Before concluding an international convention, he hears the interested circles.

Introduced in chapter I of the Federal Act of 22 March 2013, in force since August 20, 2013 (RO 2013 2323; FF 2012 7979).

Art. 5 orders of the federal Council orders of the federal Council federal Council issues the orders necessary for the application of this Act.
It establishes, if it takes place, the supplementary provisions called by the conventions or international rules applicable to maritime navigation under the Swiss flag.
When the unit amounts or the units of account for the calculation of the limitation of liability set out in international conventions are changing, or that are essential and lasting appreciation or calculation bases changes, the federal Council may lower or raise the unit amounts (art. 49, 105, 118 and 126) or fix them in other units of account and determine the method of conversion into national currency.

Introduced by chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 6 exceptional measures measures exceptional the federal Council may take all necessary measures: a. the use of the Swiss Pavilion on sea not to compromise the security and neutrality of the Confederation, or to avoid international complications; b. to put Swiss maritime navigation in the service of the country's economic supply.

For this purpose, the federal Council may in particular requisition or expropriation Swiss ships against a just compensation. Disputes regarding its amount are considered by the federal court ruling in single instance.
If he takes action, the federal Council may according to circumstances decide the allocation of compensation when injury resulted from the impossibility to benefit normally from the ship; This allowance will be given to the owner of the ship, the shipowner or the carrier.

New name according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741). This mod has been taken throughout the text.

Art. 7 power of interpretation and the power of interpretation and the judge judge if federal legislation, including the Act, as well as legal rules to which it is made reference, contain no provisions, the judge decides according to the General principles of maritime law. If these principles are lacking, he speaks according to the rules that he would if he had to do act of legislature, taking into account the legislation, custom, doctrine and jurisprudence of the maritime States.
The judge freely appreciate the value and the scope of the evidence, including those of the inscriptions and other texts in newspapers, registers, books, records, and reports prepared by the captain.

Chapter II administration art. 8 surveillance Surveillance maritime navigation under the Swiss flag is subject to the supervision of the federal Council.
Immediate supervision belongs to the federal Department of Foreign Affairs, which exercise it by means of the Swiss maritime navigation Office.
The Swiss maritime navigation Office is responsible to ensure and control, according to the instructions of the federal Department of Foreign Affairs, the application of the provisions on maritime navigation under the Swiss flag. It shall report to the federal Department of Foreign Affairs.

New name according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741). This mod has been taken throughout the text.

Art. 9 Swiss Office of maritime navigation Swiss Office of maritime navigation the Swiss maritime navigation Office has its headquarters in Basel. It is with the Swiss ships, either by means of its own officials, or through the consulates in Switzerland.
For this purpose, he treats and corresponds directly with the consulates and consuls of Switzerland, as well as with the authorities and representatives of foreign States.
On the other hand, it can request at any time of the owners, ship owners and captains Swiss the information necessary for the performance of its duties; He has a right of inspection on Swiss ships.
The Swiss maritime navigation Office may delegate to recognized classification societies some inspection tasks, decision or control, including those provided for in the February 23, 2006 maritime labour convention.

RS 0.822.81; RO 2013 2511 introduced by art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Art. 10 Office of the register of ships Swiss Office of the register of the Office of the register of Swiss ships Swiss ships has its headquarters in Basel. It keeps the register for registration of Swiss ships and the registration of real rights concerning them.
Unless provided otherwise in this Act or orders resulting, federal legislation on the register of ships applies by analogy to the keeping of the register of Swiss ships.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 11 Organization of the two offices; responsibility organization of two offices; responsibility the federal Council provides to the Organization and the functioning of the two offices. He keeps taxes to perceive by those offices or consulates.
The Confederation is responsible for any loss resulting from the measures and decisions of both offices, including maintaining the register of Swiss ships; She has a right of recourse against the officials and employees who have committed a fault.

Art. 12 delegation Delegation the federal Council may, in agreement with the cantonal government concerned, entrust management of the offices or the exercise of some of their powers to cantonal governments.
In this case, the service reports and the accountability of officials and employees of these authorities are governed, as they act under the provisions of this Act, by federal legislation.

Chapter III of the Court art. Administrative 13Juridiction administrative court the General provisions of the Federal procedure apply to proceedings against the decisions of the Swiss maritime navigation Office.


New content according to chapter I of the Federal Act of 17 Dec. 1976, in effect since August 1, 1977 (RO 1977 1323; FF 1976 II 1153).
Repealed by no 81 of annex to the law of 17 June 2005 on the TAF, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 14 jurisdiction civil civil court

All actions that are based on real rights on a ship entered in the register of ships Swiss have deep in Basel, regardless of the domicile of the defendant.
Civil actions based on illegal acts committed on Board Swiss ships and all other civil actions stemming from this Act have their heart in Basel if they have no other forum in Switzerland.
Actions deriving from the limitation of liability of the shipowner as well as applications for approval of adjustment in case of general average have their heart in Basel.

Art. 15 criminal court criminal jurisdiction authorities of the canton of Basel-City continue and judge criminal offences committed on ships Swiss as well as the offences specifically suppressed by this Act, unless the jurisdiction of the federal court or by military courts is provided. The proceeds of fines imposed under this Act belongs to the canton of Basel-City.
The fines provided for in this Act are recognized by the Swiss maritime navigation Office.
The authorities of the canton of Basel-City communicate to the federal public prosecutor all criminal judgments and orders of dismissal made on the basis of this Act.

New content according to section 17 of the annex to the Federal Act of 4 October. 2002 on the TPF, in force since April 1, 2004 (RO 2003 2133; FF 2001-4000).

Art. 16 repealed by no II 24 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Title II of chapter I of Art. check Swiss ships 17 I. Conditions generally I. Conditions in general are registered in the register of ships Swiss that ships that are affected or intended for the professional transport of people or goods or to any other occupation in the sea, and to which met the legal property, admission to the navigation, naming, procedure , as well as those related to financial resources.
Registration and the cancellation of the ship are published by the care of the Office of the register of Swiss vessels in the Federal Gazette and in the Swiss official trade journal.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
Formerly al. 3. the former al. 2 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from August 1, 1977 (RO 1977 1323; FF 1976 II 1153).

Art. 18 II. Corporations and institutions under public law II. Corporations and institutions under public law are registered in the register of ships Swiss ships belonging to the Confederation, cantons or other corporations or Swiss public law institutions.

Art. 19III. private companies / 1. Right to registration III. Private companies 1. Right to record individual companies, commercial companies and cooperative societies (companies) registered in Switzerland in the commercial register and headquarters and the real Center of their activities which are in Switzerland can register their ships to their name in the register of Swiss vessels provided that they meet the conditions laid down in art. 20 to 24.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 20III. private companies / 2. Nationality and address 2. Nationality and domicile as long as international law has not otherwise, the federal Council determines the conditions relating to nationality and home to satisfy individuals, owners of a sole proprietorship, partners, sponsors, shareholders, members of a cooperative society or other beneficiaries of shares, as well as all managers of a partnership limited partnership or responsibility.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 21III. private companies / 3. Organs of administration and control 3. Administrative and control bodies as long as international law does not otherwise, the federal Council shall determine the conditions relating to nationality and home to satisfy the organs of administration and management of a corporation, of a company limited by shares, a company with limited liability or a cooperative society, as well as those responsible for the control of these companies.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 22 III. Private companies / 4. Stocks and shares 4. Stocks and shares shares are nominative; subject to the provisions of the code of obligations, the company may refuse the approval of transfer of registered shares, including when the purchaser does not meet the conditions laid down by this Act or orders resulting.
The quality of Member of a cooperative partnership is transmitted by inheritance or transfer of shares.
Stocks and shares can be validly committed, subject to usufruct or any other right subject to authorization of the company and entry in the register of shareholders or shares.

RS 220 new content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 23III. private companies / 5. Companies and interested creditors 5. Companies and interested creditors the federal Council determines, to the senses of the art. 20 and 21, the conditions under which must meet commercial companies or legal persons playing a role in ship owners Swiss companies: a. as a partner, sponsor, shareholder, partner of a cooperative society or to another beneficiary of shares; (b) as a creditor of capital invested Swiss or usufructuary, or under other specific rights; c. as an oversight body.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 24III. private companies / 6. Financial resources 6. Financial means as long as law in has not otherwise, the federal Council issues requirements for own funds required from the owner, as well as at the origin of the borrowed capital he has invested in his ship.
The owner must have own funds of at least 20% of the book value of the ships registered in his name; for each ship whose registration is required, the purchase price is considered to be first book value.
The federal Council determines to what degree, and for how long the equity, following losses, can stay below the limit of the al. 2. new content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 25III. private companies / 7. Statement in line 7. Compliant statement the Swiss maritime navigation Office issues a statement when the conditions laid down in art. 18 to 24 are met.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 26 III. Private companies / 8. Control 8. Control within nine months following the end of a financial year, the owner of a Swiss ship must provide a special review report to the Swiss maritime navigation Office attesting that the legal requirements are met. This review report must be established by a Union of revision or a trust company recognized for this purpose by the federal Council.
The federal Council may prescribe for this control rules on keeping records and books of account; It can establish a rate for the revision work.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 27 III. Private companies / 9. Regularization procedure 9. Regularization procedure when, then change of nationality, transfer home, heritage, or for any other cause, the legal conditions are no longer met, the owner or his successors have a period of 30 days, current as of right from the lack of conformity, to restore it.
If, after this period, the consistent state could not be restored, or if stakeholders did not complete the necessary procedures for this purpose, the Swiss maritime navigation Office can, as long as the lack of conformity persists, suspend the declaration of consistent state and have removed the letter from sea to full regulation. Suspension and withdrawal are announced at the federal Council.

If the full regularization does not intervene in the following three months, the federal Council may order the cancellation of the ship on the ship registry Swiss, either, if the country's economic supply required, the sale of the ship by way of public auction. In this case, the award cannot be made to a bidder qualified, according to a statement of the Swiss maritime navigation Office, legal. The Confederation may participate in the auction. Are competent to auction the authorities of the canton of Basel-City.

Art. 28 III. Private companies / 10. Protection of stakeholders / a. condominium and common property 10. Protection of stakeholders a. condominium and property municipality if, in a partnership or limited partnership, a partner does not or does more legal conditions, one or the other partners, as their common interest represents at least half of the share capital and that they fill out themselves the legal conditions, may, at the expiry of a period of 20 days they will set for an amicable adjustment exclude, with immediate effect, that where the conditions are lacking, issue him his due in the company's assets and keep only Affairs.
If other cases of co-ownership or joint property one of the interested parties does not or does more the legal conditions, the other or others may under the same conditions of interest, ability and time, immediately terminate the indivision, retain only the ownership of the vessel or acquire the share of the defaulter. This one is entitled to the equivalent value of its share.
If there is a succession to share, the person or persons who meet the legal conditions may require one or who do not the assignment of the property of the deceased on the ship, on the shares or stocks. The authority to order the administration of the estate office takes, without delay, the necessary measures to maintain the Swiss property on the ship.

Art. 29 III. Private companies / 10. Protection stakeholders / b. legal persons b. legal persons when, in a society anonymous, limited by shares or limited liability partnership, a shareholder or partner not meets more legal, its shares or shares are sold at auction, as the other shareholders or partners have, together, at least half of the share capital and fulfil themselves these terms.
Auctions are ordered by the judge, accelerated procedure, at the request of the company, on the expiry of a period of 20 days set by for an amicable adjustment. The judge decides if the sale is by public auction or between interested parties. The award may be made only to a bidder qualified, according to a statement of the Swiss maritime navigation Office, legal.
The shareholder whose shares are in issue shall by securities the attendant at auction, failing which, at the request of the company, the judge pronounced the immediate cancellation without prior publication or summons. Is competent to order the auction and to annul the Court of the place where the company has its headquarters.
When, in a co-operative society, a partner no longer meets the legal conditions, its exclusion may be pronounced.

Art. 30 IV. Admission to the navigation / 1. Decision / has. In general IV. Admission to navigation 1. Decision a. In general the ship is allowed to navigation by the Swiss maritime navigation Office.
Cannot be admitted to navigation than marine vessels capable of navigation, with a gross tonnage of less than 300 tons and classified by one of classification societies recognized by the Swiss maritime navigation Office.
Exceptionally, the Swiss maritime navigation Office may admit to the navigation of ships with a gross tonnage of less than 300 tons, provided that registration is justified by a particular Swiss interest.
The federal Council prescribed, after consultation with the interested circles and taking into account the procedures in force in marine navigation, the conditions for the Swiss ship classification.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).
Introduced by chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).
Formerly al. 4. the old al. 3 repealed by chapter I of the Federal Act of 17 Dec. 1976, with effect from August 1, 1977 (RO 1977 1323; FF 1976 II 1153).

Art. 30aIV. Admission to navigation / 1. Decision / b. the inland waterway craft at sea b. boat of IWT in the sea the Swiss maritime navigation Office can set the appropriate security conditions and prepare the necessary documentation for maritime courses isolated from vessels the registered Swiss boats that, in relation to a professional of goods on inland water transport also perform a navigation at sea. Are reserved regulations of coastal States in whose waters sail boats.

Introduced by chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 31 IV. Admission to the navigation / 2. Repairs and facilities 2. Repairs and once registered facilities, the Swiss ship must constantly meet the conditions to which is subordinated his admission to the navigation.
The Swiss maritime navigation Office ensures that these requirements are constantly met. If it finds that they are more, it sets to the owner of the vessel a reasonable time to perform repairs or necessary accommodations.
If repairs or necessary accommodations are not executed by the owner within this period, or if they prove insufficient, the Swiss maritime navigation Office suspends admission to navigation and pulled the letter from sea.

Art. 32 V. the ship name V. name of all Swiss ship has a name, part of a customary in stern manner and each side of the bow.
The name of the vessel must stand out clearly from those of the other ships Swiss; It must be approved by the Swiss maritime navigation Office.
The name of the port of registration must be given stern, under the name of the vessel, in one of the three official languages of the Confederation (Basel, Basel, Basilea).

Art. 33 VI. Registration / 1. Query VI. Registration procedure 1. Request registration of the ship in the register of ships Swiss is done at the request of the owner.
The federal Council determines the data to include in the query, as well as the supporting documents to be attached to the request.
Any change of the facts listed above must be given without delay by the owner to the attention of the Office of the register of Swiss vessels, which informs the Swiss maritime navigation Office.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 34VI. Registration Procedure / 2. …

2....

Repealed by no I of the Federal Act of 18 Dec. 1992, with effect from June 1, 1993 (RO 1993 1703; 1992 II 153 FF).

Art. 35VII. unprofessional Navigation VII. Non-professional navigation exceptionally, the federal Department of Foreign Affairs may authorize the registration in the register of ships Swiss of a building belonging to a natural person, a corporation or a corporation that meets the legal requirements according to the art. 20 and 21 and who operates a vessel to philanthropic, humanitarian, scientific, cultural or for other similar purposes. It sets the conditions from case to case.
The federal Council may make an order providing for the registration of pleasure yachts in a Swiss registry and determine the conditions and the effects of that registration as well as the legal status resulting, for pleasure yachts, of their registration; It may also authorize the Swiss maritime navigation Office to regulate the granting of a Swiss certificate of capacity for the boat drivers.
The federal Council may include in an order that in special circumstances, a certificate of Pavilion may be issued for boats that cannot be entered in the Swiss Register of yachts.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 36 VIII. Voluntary deregistration VIII. Voluntary deregistration the voluntary deregistration of a ship in the register of ships Swiss is subject to approval by the federal Council. Authorisation may be refused only if the country's economic supply required.

If the authorization is refused, Confederation, at the request of the owner, takes over the ship at its market value, unless the federal Council had ordered the sale by public auction in the manner provided for in art. 27, al. 3. the owner may apply for the recovery at the same time as that of the radiation or, later, within 30 days after the refusal of the radiation. The recovery of the ship by Confederation or, failing, the order to sell at auction, must intervene within 30 days from the receipt of the application, but as soon as the refusal of permission.
The legal act whereby the ownership of the vessel is transferred is void if the radiation is not allowed.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Chapter II the rights of real art. 37 property and other real rights ownership and other real rights unless otherwise provided by this Act the Federal law on the register of ships applies to property as well as to other rights in rem on Swiss ships.
In case of transfer of ownership, the Office of the register of ships Swiss cannot register the purchaser on the basis of a consistent statement.
A mortgage may be registered in the register of the Swiss ships if the Swiss maritime navigation Office certifies that the provisions of art. 24, al. 1, regarding the origin of the debt are met.
A usufruct may be entered on the register of the Swiss ships for one filling, according to statement of the Swiss maritime navigation Office, the conditions laid down in art. 18 to 23. The regularization procedure is applicable by analogy.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 38 privileges and hypothecs, Privileges and mortgages the privileges listed in the international convention of 10 April 1926 for the unification of certain rules relating to the privileges and mortgages are mortgages that are legal without registration putting mortgages registered in the register of ships. The provisions of the art. 1 to 13 of the convention govern the birth, the content, scope and the effects of these mortgages.
The legal mortgage ends with the extinction of the secured claim, in the event that forced the ship and when are combined in fact described in the art. 9 and 10 of the convention.

SR 0.747.322.2 art. 39 mortgage purge Purge mortgage when the ship is sold over-the-counter, the ships Swiss Office, at the request of the purchaser, guest, by notice published in the Federal Gazette and twice in the official map of Swiss trade, holders of claims guaranteed by a hypothec without registration to let him know, for the purchaser , within a time limit which shall be at least from the second publication, a month if they claim this legal mortgage to the buyer.
A creditor who does not observe this time limit loses his right of lien on the ship; in this case, said legal hypothec without registration covers the claim of the vendor for payment of the sale price, insofar as it is still due.

Art. 40 effect of the radiation effect of the radiation radiation of the ship in the register only affects her nationality.
After radiation, registrations in the registry still exist for the protection of private rights.

Chapter III of the letter of sea art. 41 nature, scope, content, Nature, scope, content Swiss ship shall have on board his letter of sea.
The sea letter attests that the ship has the right and obligation to navigate under the Swiss flag. It should allow the identification of the ship; to this end, she mentions the owner of the vessel and also reproduces the essential indications of the Swiss ship registry.
The sea letter indicates the duration of its validity, which may not exceed five years. In all cases, it loses its validity in its own right with the removal of the ship.
The admission of the ship to the navigation and the issuance of the letter of sea does not mean a concession by the authority.

Art. 42 property and property restitution and return the letter of sea is established by the Swiss maritime navigation Office; It can be entrusted only to a Swiss shipowner.
As an exceptional, and provided that the entry in the register of ships Swiss took place, the Swiss maritime navigation Office may directly issue by a consulate a letter of provisional sea to a maximum validity of three months.
The expiry of its validity, or if it is renewed before this term, any letter from sea, even though it was temporary, must be returned by the shipowner to the Swiss maritime navigation Office.

Art. 43 extension, modification, replacement extension, modification, replacement as long as the conditions justifying the registration of the ship in the register of the Swiss ships are met, the letter of sea should be, depending on the case, extended, modified, or replaced.
The consulates have the power to extend and change the letters of the sea according to the instructions of the Swiss maritime navigation Office.
If a letter of sea is lost, she is disqualified by the Swiss maritime navigation Office. The declaration of invalidity is published in the Feuillefederale and the Feuilleofficiellesuisseducommerce.
The Swiss maritime navigation Office establishes a new letter to sea if the vessel changed ownership or owner or if the letter has become unusable or has been declared null.

Art. 44 withdrawal of the letter of sea withdrawal of the Swiss sea the Agency letter of maritime navigation may demand the return of the letter of sea, deny its extension or replacement in the cases provided for in art. 27, 31, 46, 91, al. 1. reserved the measures taken by the federal Council under art. 6 and the decisions of the competent authorities of the prosecution for debts and bankruptcy.

Title III of chapter I of the shipowner Art. navigation exercise 45 definition of the Definition of the shipowner the shipowner shipowner is the owner of the ship or any other organization or person to which the owner has entrusted responsibility for the operation of the ship and who, on assuming such responsibility, has agreed to take over the tasks and obligations of shipowners under the convention of February 23, 2006 maritime labour Apart from the fact that other entities or persons fulfil on behalf of some of these tasks or responsibilities.
The shipowner weapon, team and supply the ship. He appoints and dismisses the captain; subject to the legal provisions relating to the rights and obligations of the captain, powers of the latter are fixed freely by the shipowner.

RS 0.822.81; RO 2013 2511 new content according to art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Art. 46 status of the Swiss owner status of the shipowner Swiss even if it is not owner of the ship, the owner of a Swiss building must meet the conditions to which the owner is subject under art as well. 18 to 23 than those of the federal Council concerning the origin of the capital invested in the company. It must also, with regard to the crew, nationality requirements.
What are the measures taken by the owner for the use of the ship, exploitation must be managed in Switzerland, by means of appropriate, answering the Swiss nature of the enterprise, organization and able to accomplish or to control the actions of management provided for in art. 45, al. 2. the captain remains constantly subject to the Swiss shipowner for everything that relates to the possession and the conduct of the vessel.
When these conditions are not met, the Swiss maritime navigation Office sets the owner at least 30 days to restore. If it has not restored them to the expiry of this period, the Swiss maritime navigation Office can withdraw the letter of sea.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 47 safe operation safe operation the prescribed federal Council, after consultation of the circles concerned and taking into account international conventions and practices in force in marine navigation, the rules relating to armaments, the composition of the crew and the safety of ships, as well as to the preservation of human life.
If the owner of a Swiss ship do not observe these regulations, art. 31 shall apply by analogy.

Art. 48 responsibility of the shipowner the shipowner the shipowner's responsibility is responsible for any damage caused to a third party by the fault of a member of the crew, a driver or any other person employed on board the ship in the performance of their work, unless he proves that no fault is attributable to these auxiliary. To the people who can, for the same cause, make claims based on a contract, it does however not beyond these.

The shipowner has a remedy against the person who caused the injury as it is responsible for the damage. However, if the owner is a tenant of the ship, there remedies against the owner for hidden defect in construction or lack of maintenance prior to the rental.
The owner of an oil tanker responsible for the damage due to pollution by hydrocarbons, according to the art. 1 to 11 of the international convention of 29 November 1969 on civil liability for damage due to pollution by hydrocarbons and, after their entry into force, according to the protocols is related of 19 November 1976 and November 27, 1992.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS RS RS 0.814.291.2 0.814.291.1 0.814.291 introduced by chapter I of the Federal Act of 20 March 1987 (RO 1989 212; FF 1986 II 741). New content according to chapter I of the Federal Act of 22 March 1996, in effect since Nov. 1. 1997 (RO 1997 2184; FF 1995 IV 233).

Art. 49Limitation of Liability Limitation of liability art. 1 to 13 of the 19 November 1976 convention on limitation of liability for maritime claims apply to the limitation of liability of the owner of the ship and the shipowner, as well as that of the lessor and the carrier even a contract for the use of the ship.
In case of damage due to pollution by hydrocarbons, the limitation of liability is governed by the International Convention of 29 November 1969 on civil liability for damage due to pollution by hydrocarbons and, after their entry into force, by the protocols of 19 November 1976 and 27 November 1992 related thereto.
The proof of own fault of the owner of the ship, the shipowner, to the lessor or the carrier is one that claims to exclude the limitation of liability.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 0.747.331.53 new content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
RS RS RS 0.814.291.2 0.814.291.1 0.814.291 introduced by chapter I of the Federal Act of 20 March 1987 (RO 1989 212; FF 1986 II 741). New content according to chapter I of the Federal Act of 22 March 1996, in effect since Nov. 1. 1997 (RO 1997 2184; FF 1995 IV 233).

Art. 50procedure Procedure the federal Council will solve the procedure and the time required for the application of the provisions on the limitation of liability.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Chapter II of the art master. 51 exercise of command exercise of command in command of the ship belongs and is the responsibility of right to the master, designated by the shipowner.
Except necessary or usual procedures in ports of call, the captain must be on board and personally exercise the command for the duration of the trip.
When the captain leaves the ship or is unable to perform his duties, the command of the ship belongs and responsibility of right to the Member of the staff of the oldest bridge in the highest rank.
Anyone who exercises actually command on Board has full obligations and responsibilities civil and criminal of the captain.

Art. 52 nautical conduct of the vessel driving nautical vessel the captain responds only to the conduct of the vessel.
He led the ship according to the rules of the nautical art and complying with international agreements, practices generally recognized in maritime navigation and rules enacted by States in waters where the ship lies.
The captain must keep the ship seaworthy; It provides that its armament, equipment and supplies remain sufficient for the duration of the trip.

Art. According to the customs, 53 security of the safety of the trip the captain trip takes all measures to safeguard the interests of the owner of the ship, the ship's owner, the crew, passengers and cargo rights holders. It conducts maritime customary stowage.
If necessary, the captain is all acts immediately essential to the safeguarding of human life, of the ship or the cargo. However, it must, as long as the circumstances permit, to liaise with the owner before taking a measure of exceptional character.

Art. 54 discipline of edge and with the Discipline of edge crew and with the crew the captain has on any person on board the ship the authority that give the rules and practices generally recognized in maritime law. He answers of the order onboard and exercises disciplinary power.
The captain himself committed the crew of his ship as the shipowner is not reserved this commitment. If the number of bridge personnel or machines fall below the normal figure, he is required to engage as quickly as possible the necessary replacements.

Art. 55 powers of representation powers of representation the captain is the legal representative of the shipowner. The limitation of its powers of representation is without effect in respect of third parties in good faith. However, the captain may in no case neither alienate nor mortgage the ship.
In the exercise of its business functions, the master must stick to the instructions of the shipowner. It must, in accordance with the practices, information on everything about the ship and the cargo.
Any litigation arising about the ship must be, as soon as possible, reported by the captain to the shipowner. In such cases, the captain represents the shipowner in justice, both by asking that in defending, as long the shipowner does not intervene by means of some other duly authorized representative.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 56 civil law tasks tasks of civil law the captain notes in the log, in the authentic form, births and deaths that occurred on board the ship and gives an extract from this book to the next Consulate of Switzerland. The latter is responsible for transmitting the extract to the Swiss Office of maritime navigation, for the federal civil Service.
Births and deaths on a Swiss ship must be registered, if it comes to Swiss citizens, in the register of births and deaths of the place of origin, in the case of foreigners and that the event is not established by an act of civil status abroad, in the records of the canton of Basel-City.
If a person dies on a Swiss ship, the captain must take into its custody, after have inventoried them with the assistance of another Member of the crew, the objects that belonged to the deceased and wills that may exist and turn them over to the next Consulate of Switzerland.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).
New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 57 jurisdiction in case of crimes jurisdiction in case of offences if a crime has been committed on board, the captain has the powers of the police in the criminal proceedings and leads investigations until the arrival of the competent authority.
For this purpose, he undertook acts of investigations that do suffer no delay, and especially highlights safety traces and means of evidence, determines and ask them injured and suspects and, if necessary, temporarily stop the suspects. Art. 306 of the code of criminal procedure of October 5, 2007 shall apply by analogy.
The master shall prepare a report on acts of investigation to which he proceeded and the result of his research. It takes this report with the minutes of the hearing of the witnesses and the evidence at the disposal of the competent authorities and carries these facts and documents to the attention of the Crown of the canton of Basel-City as well as the next Switzerland Consulate.
However, the federal Council may prescribe special rules for this procedure.

New content according to ch. II 24 of annex 1 to the PPC from 5 oct. 2007, in force since Jan. 1. 2011 (2010 1881 RO; FF 2006 1057).
RS 312.0 new content according to ch. II 24 of annex 1 to the PPC from 5 oct. 2007, in force since Jan. 1. 2011 (2010 1881 RO; FF 2006 1057).

Art. 58 paper from edge to edge the captain is responsible for the presence on board the documents about the ship, the crew, passengers and cargo. It ensures including the edge and the machinery log book keeping.
The events of nature nautical and weather, as well as quite interesting the trip, will be recorded in the log book, chronologically and with the exact indication of when they occurred and where is registration. Except in exceptional circumstances, registrations must be done every day. The officer in charge of the inscriptions to attest to the accuracy under his signature; they are checked and countersigned by the captain.

Anyone who establishes that there is a legitimate interest can get through the Swiss Office against payment and shipping charges, an extract from the log book and copy of minutes, reports and other documents prepared by the captain or his subordinates.

Art. 59 relationship with consulates relationships with consulates if there is a Consulate of Switzerland in the port where the ship stopped or completed the trip, the captain tells him of the ship's arrival and warns him in time for his departure.
Until that departure, the captain must hold at the disposal of the Consulate the ship's papers.
The Consulate is authorized, upon request of the captain or the organizations of employers and employees, to request mutual legal assistance, on behalf of the Confederation, to the competent foreign authority.

New content according to art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Title IV Chapter I provisions crew General art. 60 composition Composition are members of the crew the captain and sailors who are employed on board and who are registered on the role of the crew.
Are officers sailors who possess the certificate of capacity for this function and which have been committed as such.
If the interest of the country, the Swiss maritime navigation Office can order, at any time, immediately and without indication of grounds for a member of the crew. If they have not committed a fault, the discharged crew member and the shipowner will be compensated by the Confederation, the damage due to this reference.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 61 nationality and citizenship training and vocational training the federal Council may enact requirements regarding the minimum number of captains and sailors of Swiss nationality on Swiss ships.
The Confederation encourages the training of captains and sailors of Swiss nationality. The federal Council takes the necessary measures.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).
New content according to section 17 of the schedule to the Act of 5 October. 1990 on subsidies, in force since April 1. 1991 (1991 857 RO; 1987 I 369 FF).

Art. 62 demands job requirements can be hired as crew of a Swiss ship, subject to art. 61, al. 1, all those who are in possession of a valid passport or equivalent identification and which justify their ability to function will be entrusted to them.
Can only be hired as bridge officers, officers of the machines and wireless operators of a Swiss ship officers sailors whose fitness for one of these jobs spring or a certificate issued by the Swiss maritime navigation Office, either by the competent authority of another State exercising maritime navigation.
May only be engaged in quality of a Swiss master who holds a master's certificate issued or recognized by the Swiss maritime navigation Office.

Art. 63Droit work and social insurance law of work and social insurance on ships Swiss, the Swiss on labour legislation and social security applies to the crew, unless exceptions or derogations are required by law, by international conventions or by an order of the federal Council.
The federal Council shall issue, taking into account the international conventions and practices in force in marine navigation and consultation of interested circles, the following provisions: a. minimum requirements for the work of seafarers on board a ship; b. employment c. housing, recreational facilities, food and table service; d. health protection , medical care, welfare and social security; e. compliance and enforcement of the provisions of the February 23, 2006 maritime labour convention.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
RS 0.822.81; RO 2013 2511 new content according to art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Art. 64 crew role Role of crew the Captain takes the role of crew in the forms prescribed by the Swiss maritime navigation Office.
All sailor hired a Swiss ship has, before the first departure of the ship following its commitment, be investigated on this role a registration with the indication of his civil status, her job aboard, commitment and conditions of the documents to which he was hired.
When the sailor left the service on board, registering on the role of the crew is struck by the captain. The circumstances of the departure are indicated.
People who are aboard without having employment must, if they are not on a list of passengers, be subject, by the care of the captain, a reference to the role of the crew.

Art. 65 enlistment and derolement recruitment and enlistment takes place before derolement the consul of Switzerland, the absence of investment and if possible officers on board the ship.
The captain or another authorized representative of the owner, on the one hand, the seaman engaged on the other hand, affix their signatures on the role of crew next to registration.
The consul valid operation by affixing his visa on the role following the signatures of the parties. If there is not accessible to the port of enlistment Consulate, the registration is subject to the visa from the Consulate next.
The derolement is subject to the same formalities as enlistment; If the consul has grounds for believing that the sailor has been improperly delisted, it informs the Swiss maritime navigation Office.

Art. Swiss sailor 66Livret Swiss Seaman's book any member of the crew of a Swiss ship, which is a national Swiss, the Swiss maritime navigation Office receives a booklet of marin established in his name. This booklet can also be given to a Swiss member of the crew of a foreign ship. Such a booklet or a similar document may also be issued to Swiss citizens who have to produce such a document to be able to carry out other activities at sea.
At the time of the derolement, the captain part of this booklet the nature and the duration of the commitment his ship.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 67 terms of service terms of service aboard on board service on Swiss ships does not by him only one transfer of home.
The terms of the medical examination, hygiene practices, and the usual care on board, as well as the enforcement of the disciplinary system on board, can be the subject of a regulation on the service in Swiss ships, established by the Swiss maritime navigation Office and approved by the federal Council.
Any member of the crew of a Swiss ship receives, during its commitment, the manual of the sailor serving under Swiss Pavilion; This manual is established by the Swiss Office of maritime and reproduces the main provisions applicable to the sailors of the Swiss ships.

Chapter II of the contract art. 68 application of Swiss law Swiss law enforcement employment contract provisions are applicable to all seafarers serving on board ships Swiss, regardless of their nationality.
Subject to the provisions of this Act, the seafarers serving on board ships Swiss employment contract is governed by the code of obligations. Art. 333a of the code of obligations concerning the consultation of the representation of workers in the event of transfer of the employment relationship, the art. 335 d to 335g concerning the collective dismissal as well as art. 336, al. 3, shall not apply.

RS 220 sentence introduced by section II of the Federal Act of 17 Dec. 1993, in force since May 1, 1994 (RO 1994 804; 1993 I 757 FF).

Art. 69 conclusion of the contract the contract the employment contract may be concluded either for a fixed period, either for one or several trips, or for an indefinite period. If the duration of a contract concluded for a fixed period or several trips exceeds one year, it is deemed concluded for an indefinite period.
The employment contract must be concluded in written form. Each party receives a copy. The copy for the sailor is given at the latest at the signing of the role of the crew.
The contract comes into force at the latest when boarding.

Art. 70 content of the content of the employment contract contract contract must indicate clearly and precisely the rights and obligations of both parties; It shall include:

a. the name and surname, date and place of birth of the seafarer, his nationality and, if he is the national Switzerland, its place of origin; (b) the place and date of the commitment and the entry into service; (c) the designation of the ships on which or which the seafarer undertakes to serve; d. travel or travel to be undertaken If they can be determined at the time of; e. the service for which the sailor is committed; f. the legal provisions on the duration of work, holidays and professional accident and disease insurance; g. salary, as well as the currency in which it will be paid h. compensation for additional hours charged; i. the term of the contract in particular the notice of termination; j. The name and address of the shipowner; k. The right of the seafarer to a repatriation; l. If applicable, a reference to the collective agreement.

Introduced by art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).
Introduced by art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).
Introduced by art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Art. 71 duties the duties of the crew crew any crew member is required to perform the job he is responsible for carefully. He says the damage caused intentionally or through negligence.
The sailor must respect and obedience to the captain and other superiors. It must comply with the orders he receives as well as recognized practices.
In case of danger of sea, the sailor must provide all the assistance that is required for the rescue of persons, of the ship and the cargo.

Art. 72 work exceptional exceptional work the captain can affect the sailor to work other than that provided for in the contract of employment when, for special reasons, required in the interest of a good navigation. In this case, the salary can be reduced.
If the sailor is assigned to jobs whose requirements exceed those of the services under the contract, he is entitled to a corresponding increase in his pay for the period during which it performs this work.
Officers cannot be required to a service which, according to custom, is not compatible with their rank.

Art. 73 compensation and wage compensation and wage the sailor is entitled to the salary agreed and, where appropriate, to the remuneration payable for the additional hours of work. There also, right, aboard the ship, its food and its housing.
The sailor is entitled, for each hour of overtime, compensation corresponding to his hourly wage calculated on the basis of the agreed salary, plus a quarter.
The federal Council shall determine the cases in which a lump sum for the extra work can be provided for in a contract.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 74 deadline and suspension of wages due and suspension of the right to pay wages arises on the day of registration on the role of the crew.
The salary is payable at the end of each month and no later than the day of the radiation of the role of crew, net of the advances already paid.
The right to salary is suspended when the sailor is prevented from doing his work because he is under arrest, or then to incapacity for work caused by his own fault.
Unable to work because of illness or accident, the right to wages is suspended as long as a daily allowance is paid to the sailor.

Art. 75 distribution of extraordinary distribution of extraordinary remuneration, remuneration for a cause, the number of the crew of a ship sinks, during a trip, below the number of regulatory or customary, sailors who have, as a result, more work are entitled to salary saved in proportion to the additional work done by each of them, for as much as this additional work has not already been compensated by compensation paid for overtime.
Compensation for acts of assistance or rescue are divided - after deduction of the disbursements and damage to the rescue - by halves between the shipowner and the crew of the ship. The allocation of half returning the crew must be, in principle, proportionally to wages, however, given the specific merits of the various members of the crew.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 76 payments to payments seamen to seamen the captain holds a book of wages in which all payments to the sailor, with indication of the currency and the exchange rate are registered.
The sailor gives release of each payment with his signature in this book next to the corresponding entry. An account statement is then returned to the sailor.
No payment may be made to the sailors in the Inns and taverns.

Art. 76aTransfert of work reports of job transfer reports if the employer transfers the business to a third party who agrees to resume work reports, these pass to the purchaser with all the rights and obligations arising therefrom, on the day of the transfer of the company, unless the worker is opposed.

Introduced by section II of the Federal Act of 17 Dec. 1993, in force since May 1, 1994 (RO 1994 804; 1993 I 757 FF).

Art. 77 expiry of the contract the contract expires the fixed-term employment contract which expires in the course of a trip is extended until the arrival of the ship at the next port.
The indefinite period of contract can be terminated at any time on part and the other with written leave seven days in advance, the contract being extended until the arrival of the ship at the next port if this period expires during a trip. It may provide a longer leave period. The period of leave shall be the same for both parties.
The parties may, at any time and without delay, terminate the contract for good cause. Addition to the fair grounds permitted by the code of obligations in the field of the contract of employment, are considered as such, first and foremost, the breach, by the shipowner or the captain, requirements hygiene and work on board, abuse in the exercise of the authority or the disciplinary power, crimes, offences and contraventions committed at sea, the serious breaches in discipline as well as the fact that the Member of the crew must be landed due to illness or accident or no longer meets the legal conditions required for its commitment.

New content according to art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).
RS 220 art. 78 extensions exceptional extensions exceptional if unable to hire a replacement called at the port where the contract expires is seen by the Consulate or, in his absence, by the competent local authority, the outgoing sailor is bound against increase in his salary of a quarter, to keep his job for a maximum period of three months.
If the employment contract expires in a port where, then orders or measures of authorities local, the sailor is unable to disembark, the contract is extended of right, the conditions to which it had been concluded, until the next port where the seaman will be able to land, but for a maximum of two months.
If the landing cannot take place within this period, the Swiss maritime navigation Office handles the case.

Art. 79 salaries due to the survivors of the wages due to the survivors in the event of cancellation of a Swiss ship considered as lost, the engagement contract of its sailors is deemed have ended one month after the date on which have received the latest news from the ship. The wages must accordingly, as soon as the radiation entered into force, be paid by the shipowner to the Swiss maritime navigation Office.
When a crew member died, were reported missing or disappeared under circumstances such as death is to be held for certain, the salary that was owed must be paid by the shipowner to the Swiss maritime navigation Office.
The Swiss maritime navigation Office holds these wages available to rights holders.

Art. 80 service certificates certificates of service any member of the crew may require a certificate mentioning that the nature and duration of his work aboard the captain.
When a sailor, a national Swiss, leaves the service of the ship, the nature and the duration of his work aboard enrolled in his booklet.
In addition, the sailor has the right to issue a certificate of appreciation for his services and his conduct.

Art. 81 repealed by section III 4 of the appendix to the Sept. 26 L. 2014 on the Swiss from abroad, with effect from Nov. 1. 2015 (2015 3857 RO; FF 2014 1851 2541).

Chapter III of the social security art. 82 right to repatriation right to repatriation

The landed sailor has the right to return, at the expense of the shipowner, rather than commitment, unless he denounced himself for unjustified reasons, or if the contract has been terminated for just cause against the sailor.
Repatriation borne by the shipowner costs include all expenses necessary for transportation, housing and food of the seaman during his travel, as well as its maintenance until the time fixed for his departure. If the seafarer delays his departure, it supports the additional costs resulting from the adjournment.
If the owner refuses repatriation while the landed sailor appears to be right, the closest Consulate provides for the repatriation, and Confederation has a remedy, either against the debtor the repatriation or against marin shipowner if it turns out that it was not entitled.

New content according to art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).

Art. Terms of the modalities of repatriation repatriation 83 when the right to repatriation arose the parties may agree to replace the repatriation of the seafarer by the payment of a lump sum corresponding to the costs of the repatriation.
The owner may also meet his obligation of repatriation by providing the seafarer suitable employment on board another ship going to the port of destination of the returnee or, if the sailor to return inside the port where, according to the instructions of the owner, it must begin its journey home by land.

Art. 84 insurance professional accident and disease insurance in case of accidents and disease subject to the parts of company located in Switzerland, the exploitation of marine navigation is not subject to compulsory accident insurance established by the Confederation.
The owner of a Swiss ship must ensure its crew against the disease and the accidents.
The federal Council shall determine, after consultation with the interested circles, minimum benefits and retail prescriptions to which the insurance contract must comply so that the owner meets its obligations.

Art. 85 civil liability and liability insurance and insurance if there is insurance in accordance with the present law, the shipowner is released in case of occupational accident or illness, from liability for slight fault.
Absence of insurance in accordance with this Act, the owner, even if no fault is attributable to him, is debtor towards the victim of the accident at work or of the disease, or its survivors of benefits at least equal to insurance benefits that the victim would have received if there had been consistent coverage. These benefits are so privileged to the ranking for wage claims.

Art. 86 unemployment then sinking unemployment then sinking in the event of loss of the ship then sank, the surviving members of the crew were right, irrespective of their possible repatriation to unemployment compensation.
This allowance is paid for each day of actual unemployment, but to a maximum of two months at the rate of pay provided for by the contract.
Unemployment compensation is privileged to the rank for wage claims.

Title V of the contracts for the use of the chapter I provisions ship General art. CO 87Application and Application of CO prescription and prescription except special provisions of this Act, the code of obligations applies to contracts for the use of a ship.
All actions derived from the rental of a ship, a Charter and a maritime transport agreement contract prescribes a year; If the contract rental or Charter, from the expiry of the contract and, in the case of a contract of carriage, from the day where the merchandise was delivered to the recipient or should be delivered.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 220 new content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 88 impossibility of execution / a. impossibility final impossibility of enforcement a. impossibility final contract rental, Charter or shipping is solved full rights without compensation to another, if, before the beginning of the travel, the use of the vessel, as it is planned, is made permanently impossible then force majeure, war, natural elements, of fortuitous or -unless such a measure is the consequence of a lack of one of the parties - then of decision or intervention of any, Swiss or foreign authority.
If final impossibility occurs along the way, the contract is resolved at the latest on arrival of the ship in the next available port or in which the authority has designated. The goods there are then unloaded and stored on behalf of rights holders. The contractual remuneration is due, in the case of rental or Charter, up to and including the day of termination of the contract; in case of a contract of carriage, the charger must unloading fees and freight in proportion to the distance.

Art. Impossibility of execution 89 / b. impossibility b. temporary, temporary impossibility if the impossibility is temporary and occurs before the beginning of the trip, each party may, after formal notice, terminate the contract on the expiry of a reasonable period of time. The costs incurred up to the termination, including any costs of unloading and a new bracing, are borne by the party who withdraws from the contract. However, when the termination and the unloading of the goods are the result of an order of the authority, the resulting costs strain merchandise, even if termination emanates from the carrier.
If temporary inability occurs along the way, the contract can be broken only by mutual agreement. However, if reasonable projections impossible will extend significantly or authority shall order the unloading of the goods, each party may terminate the contract on arrival of the ship in the next available port or port prescribed by the authority; compensation, fees and cargo are then due as in the case of definitive inability occurring along the way.

Chapter II of the rental of the ship art. 90 definition and form Definition and form the ship rental is the contract by which the lessor undertakes to grant to the lessee against payment of rent, use and control of a ship without crew and without armament.
The validity of the contract is subject to the observance of the written form.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 91 lease and sublease rental and subletting the leasing and subleasing of a Swiss ship are valid only in favour of a tenant or a subtenant, Swiss shipowner under the terms of art. 46. the sublease must have been foreseen by the rental agreement.
Leasing and subleasing of the ship are subject to the General provisions of the code of the right of lease obligations, insofar as these provisions are compatible with the characteristics of maritime navigation.

RS 220 new content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 92 rights and obligations of the parties rights and obligations of the parties the lessor shall deliver the ship in seaworthy with its integral and ancillary parts, and with the ship's papers necessary for its use.
The tenant must return the ship, taking into account normal wear and tear, in its original condition and in the port where it has received.
Short rent of the day where the ship was handed over to the tenant until the day where it rendered him.
The rental contract concluded for an indefinite period may be terminated at any time for a period of four months notice.
Renting a ship can be an annotation in the register of ships Swiss according to art. 261b of the code of obligations.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).
RS 220 introduced by chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 93Mention reference as long as the rental of the ship did not object a mention to the Swiss ship registry, the owner responds as a shipowner against any third party who had no knowledge of the rental at the time his right is born.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Chapter III of the Charter art. 94 definition Definition chartering is the contract whereby the shipowner undertakes, as lessor, to put at the disposal of the charterer, against remuneration, all or part of the capacity of a designated ship, either for a fixed period (time charterparty), either for one or more specified travel (charter party to the trip).
Owner and charterer may each require a written contract (Charter).

The owner and the charterer can stipulate the annotation of chartering in the register of ships Swiss as a lease. This annotation requires any buyer to leave the enjoyment of the ship in accordance with the contract of affreightment to the charterer.

Introduced by chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 95 liability of the lessor liability of the lessor, the lessor has the obligation to keep the ship seaworthy; It must provide it arms, supplies and crew answering usage which is planned by the contract, as well as the necessary ship's papers.
The lessor responds to the charterer of the damage resulting from unseaworthiness of the ship, unless it proves that it exercised before the trip and at the start of the sea journey, due diligence to make the ship seaworthy, particularly to her arm, equip and supply it properly.
If, in terms of a Charter, the lessor is committed to carry out transport of goods by sea, his rights against the shipper and recipient and its responsibility for the goods to be carried are governed by the rules on the contract of maritime transport.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
Introduced by chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 96 reports between the shipowner, the charterer and the captain reports between the shipowner, the charterer and the captain the captain remains entirely at the orders of the shipowner for everything related to the conduct of the vessel.
The Charter Party may however provide the charterer the right to give the captain of the orders on boarding, transport and delivery of the cargo and the preparation of bills of lading; the acts performed by the captain under these orders committed the charterer.
If, in these circumstances, the captain did not deal with third parties expressly on behalf of the charterer, or does not have a bill of lading expressly on behalf of, the shipowner responds to them jointly and severally with the charterer; the use of the shipowner against the charterer is reserved.
In addition, the shipowner does not respond to the charterer of the acts performed by the captain under the orders given him by this same charterer.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 97 cost apportionment apportionment of costs the costs of fuels and lubricants, those that are normally driven by the cargo handling, as well as the duties and taxes normally levied on the occasion of the movements and stopping of the ship, are in the Charter at the time charged to the charterer.
The charterer must no remuneration for periods exceeding 24 consecutive hours that the shipowner spends to keep the ship seaworthy and to fill it to its crew.
The allowances due to the sailors for further work are borne by the charterer.

Art. 98 terminating the contract termination of the contract in the Charter at the time, the lessor is not required to make a trip Exhibitor the ship and the crew at a major danger that not foreseen at the time of the conclusion of the contract, has occurred or has been known only later.
If there the use of the ship as it is stipulated in the contract is made impossible, the charterer has the right to immediately terminate the contract and to repeat the part of his advances remained without consideration.

Art. 99 end of the end of the contract contract has the expiration of the time Charter, the vessel must be at the port of departure of the first trip.
When the agreed in a charterparty to the time duration is exceeded by the end of the last trip, the contractual relationship shall be extended until the completion of the trip and the due remuneration shall be increased pro rata temporis.
The lessor may refuse to undertake a journey which, under normal conditions, would substantially exceed a charterparty to the time duration.
The charterer may terminate any charterparty, in writing, without notice and without delay, if the ship is not available at the place and at the time agreed; He is entitled to damages, unless the owner proves that the delay is not attributable to him.

Art. 100 bonds to the charterer the charterer compensation Obligations is due even if the charterer does not fully use the capacity specified, unless the lessor has taken advantage of this capacity in a different way.
The choice of the route between the port of departure and the destination port belongs to the lessor.
The loading and unloading of the goods are the responsibility of the charterer.

Chapter IV contract of marine art. 101I. General provisions. / Definition i. General.
Definition in the shipping contract, the carrier is obliged to perform against payment of freight, transport of goods by sea stipulated by the charger.
The international convention on August 25, 1924, for the unification of certain rules for Bill of lading as well as its protocols must be taken into account during the application and the interpretation of the articles of this chapter.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 0.747.354.11 RS 0.747.354.111/.112 new content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 102I. General provisions. / Care of the care of the carrier the carrier carrier is required, before the trip, and at the beginning of the voyage, to exercise due diligence to make the ship seaworthy, to arm it, equip and fund it appropriately, and to appropriate and put in good condition the holds, refrigerating and cold rooms and all other parts of the vessel where the goods are loaded for their reception transport and conservation.
The carrier will be appropriately and carefully loading, stowage, transport, custody, handling and unloading of the goods transported, as these tasks are not of the shipper or the consignee.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 103I. General provisions. / Liability of the carrier, liability of the carrier the carrier responds, since support up to delivery of the cargo, the loss or destruction or the total or partial damage to the goods, as well as from delay in delivery, unless he proves that the damage resulted from a cause that is not due to a lack of the captain the crew of the ship, others to the service of the ship or any other person which he used in the performance of the carriage.
The carrier is responsible for the damage resulting from unseaworthiness of the ship, unless it proves having exercised the diligence under art. 102, al. 1. If claims for loss, destruction or damage or delay are directed against the captain, the crew of the ship or any other person in the service of the carrier or the ship used for the performance of the carriage, these can, regardless of the legal basis on which the claim is based, invoke the same causes of exclusion or limitation of liability the carrier itself. Art. 105a is reserved.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 104I. General provisions. / Exclusion of liability of the carrier, liability of the carrier the carrier, if no own fault it is responsible, is not liable for the loss, destruction or damage of the goods, or the delay in delivery, when they are due to acts, negligence or omissions of the captain, the pilot or others in the service of the ship in the navigation or management of the ship , or were caused by a fire on board. The main measures in the interest of the cargo are not considered as related to the management of the ship.
The carrier is not liable for the loss, destruction or damage of the goods, or the delay, if it proves that they are the result of one of the following causes:

a. force majeure, fortuitous, perils, hazards or accidents of the sea or other navigable waters; (b) acts of war, riots or civil unrest; c. acts of authority, such as judicial seizure, quarantine or other restrictions; d. strike, lockout or other judgment or interference brought to work; e. rescue or attempted rescue of lives or property at sea, or reasonable diversion causing not a breach of the contract of carriage; (f) acts or omissions of the charger the consignee or the owner of the goods, his agent or representative; g. shrink in volume or weight or any other loss or damage as a result of hidden defect, special nature or vice of the goods; h. insufficiency of packaging, or lack or imperfection brands; i. vices hidden from the ship escaping due diligence. The responsibility is not excluded if it is established that the damage is due to a fault of the carrier or its auxiliaries.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 105I. General provisions. / Scope and limitation of the scope responsibility and limitation of liability in case of loss or destruction of the goods, the carrier must pay compensation for the value of the goods the place and the day where it is discharged or should be discharged in accordance with the contract of carriage. The value of the goods is determined by the course scholarship or, failing that, according to the current price on the market or, failing one and the other, according to the normal value of goods of the same nature and quality.
In the event of partial destruction, damage or delay, the carrier must pay the amount of the depreciation suffered by the goods without other damages and any compensation that exceeds that provided for the case of total loss.
The liability of the carrier cannot, subject to art. 105a, under no circumstances and regardless of the legal basis invoked, exceed the amounts of liability set by the federal Council. These amounts are calculated according to a fixed rate or by parcel or other unit of loading, either per kilogram of gross weight of the goods lost or damaged, whichever is the highest limit.
The carrier cannot avail of these limits, if the shipper has declared expressly before boarding the nature and the higher value of the goods, and if this statement, which the carrier may, if necessary, prove the inaccuracy has been listed in the Bill of lading, or if higher limits of liability have been agreed.
When a container, a pallet or any similar gear is used to group of goods, any package or load unit listed in the Bill of lading as being included in this machine will be considered as packages or individual unit; Apart from this case, this machine will be considered as a whole as package or unit.
The carrier and his servants (art. 103, para. 3) cannot meet together in an amount greater than the single carrier would respond.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 105aI. General. / Loss of right to limit loss of the benefit of limitation or the marine carrier employees (art. 103, para. 3) will not be able to take advantage of the exemptions and limitations of liability if it is proved that the damage resulted from an act or omission committed either with the intent to cause damage, or recklessly and with awareness that damage would probably result.

Introduced by chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 106I. General. / Statements of the charger statements by the shipper before the loading of the goods on board, the shipper is required to provide in writing to the carrier the following details concerning the goods to be transported: a. the quantity, the number or weight of goods to be transported; b. the marks necessary for identification of the goods; (c) the nature and condition of the goods.

The charger responds to the carrier for any damage resulting from the inaccuracy of its indications concerning the goods, even if no fault can be imputed, and to others interested in the cargo, when a fault is attributable to him.
If the charger has provided knowingly false indications on the nature or value of the goods, the carrier does not damage caused to goods or other damage due to the inaccuracy of the indications of the charger.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 107I. General provisions. / Dangerous goods or prohibited dangerous goods or prohibited goods or items whose transport is prohibited legally or conventionally, or which are flammable or explosive nature or which are dangerous for another reason were loaded without the carrier or the master had knowledge of their nature or condition, the charger is responsible for any damage caused by the goods or thing. The captain may at any time and in any place do unload, destroy or render harmless the goods or thing, unless the carrier is liable to pay compensation.
When such goods or objects have been loaded with the consent of the carrier or the master, with knowledge of their nature and dangerous, they can be unloaded, destroyed or rendered harmless in the same way, unless the carrier is required to repair, if they endanger the ship, persons on board or the rest of the cargo.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 108 i. General. / Loading and unloading loading and unloading the carrier at the port of loading, must take the goods under hoist, and the port of discharge, deliver them under hoist unless another mode of delivery is provided by the contract or by local usage.
If the place of loading or unloading is not fixed by the contract, these operations are common instead determined by the carrier.
If delays loading and unloading of the ship and the demurrage rates are not set by the contract, they are determined based on local usage.

Art. 109 i. General. / Acquisition of the Acquisition of cargo cargo cargo is due if the goods are delivered or made available to the recipient at the port of destination, the provisions of the art. 88 and 89 are reserved.
However, freight is due in full when the failure to deliver is a fact attributable to the shipper or to the consignee or the own vice of the goods, when this one, dangerous or prohibited, had to be unloaded, destroyed or thrown into the sea along the way. …
With regard to the transport of animals dead along the way, the freight is due unless the charger provides evidence that the death of the animal is due to the fault of the carrier.

Last sentence repealed by chapter I of the Federal Act of 14 Dec. 1965, with effect from Jan 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 110 i. General. / Debtor of the freight debtor of cargo that demand delivery of the goods becomes debtor of cargo and other claims which the merchandise is charged.
It is however required demurrage or other compensation at the port of loading that if such claims are indicated on the Bill of lading or if it is established that he has knowledge otherwise.

Art. 111I. General provisions. / The damage the damage the carrier and the recipient each have the right to request the contradictory finding State and quantity of the goods at issue.
The acceptance of the goods without reservations by the recipient takes presumption until evidence to the contrary, that the goods have been issued by the carrier in the same State and the same amount he had received them.
The recipient must submit in writing its reserves indicating the general nature of the damage, unless the condition and quantity of the delivered goods don't have already been noted contradictorily, at least until the issue in the case of loss or damage and for damage and no apparent loss, within a maximum period of three days from the date of delivery to the addressee; otherwise, the goods are held for accepted without reserve.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 112 II. Bill of lading. / Definition II. Bill of lading.
Definition the Bill of lading is a title noting both the reception on board a ship, by the carrier of goods determined that entrusted to the charger and the obligation for the carrier to transport these goods and deliver them at destination to the legitimate holder of the title.

Art. 113 II. Bill of lading. / Establishment and the hotel bill of lading and species of the Bill of lading when the goods were brought on board the ship, the shipper has the right to issue a bill of lading (Bill of lading of edge).

The Bill of lading may also be established for goods accepted for transport but not yet taken aboard (Bill of lading for boarding).
A bill of lading can also be made to prepare by successive carriers, or for transport maritime transport including a sea path combined with an or land, river or air routes (tbl).

Art. 114II. Bill of lading. / Form and content of the Bill of lading form and content of the Bill of lading the Bill of lading sets out the conditions which the boarding, transport and delivery are or will be made.
The Bill of lading must contain in particular the following: a. names and domiciles of the carrier and the shipper; (b) legitimate recipient, the Bill of lading can be nominative, to order or to bearer; c. name of the vessel, if the goods are released on board, or the indication because it is a bill of lading for boarding and a lading; d. port of loading and destination; e. the nature of the goods shipped or received for transport their quantity, number or weight and identifying marks according to the written information provided by the shipper prior to boarding, as well as the apparent goods order and condition; f. the freight terms (g) date and place of issue; h. many original copies of the Bill of lading to be prepared in as many copies as the circumstances require.

The carrier is not required to include in the Bill of lading: a. the identifying marks that are not printed or affixed to the goods themselves or, if necessary, on the boxes or packaging in which goods are contained or are not applied in any other way and that they should normally stay legible until the end of the trip; b. quantity , the number or weight of the goods, when there is a serious reason to suspect that the indications of the shipper are inaccurate or if it has no reasonable means of checking them.

Original copies of the Bill of lading must carry the signature of the master or the carrier. On request of the captain, the carrier or the charger they must be countersigned by the charger.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 115 II. Bill of lading. / Value of the value of the references mentions the Bill of lading is authentic for the legal relationship between the carrier and the consignee of the goods; It is in particular presumption, until proven to the contrary, receipt by the carrier of the goods as it is described. However, evidence to the contrary is not permitted when the Bill of lading has been transferred to a third party in good faith.
The legal relationship between the carrier and the shipper are governed by the terms of the contract of carriage. However the provisions of the Bill of lading are deemed express the will of the parties if there is no agreement otherwise in writing.
The carrier cannot insert into the Bill of lading of the reservations about the description of the goods if there is indications that he is not obliged to include in the Bill of lading, or when in a case set to art. 114, al. 3 new content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 116 II. Bill of lading. / Legal effects of the legal effects of the Bill of lading Bill of lading original copies of the Bill of lading are representative titles of goods within the meaning of art. 925 of the Swiss civil code. They give right to the delivery of the goods.
When a bill of lading has been established, the goods must be delivered at destination, on submission of the first copy, the other copies losing any effect. If several original copies are presented simultaneously by several carriers, the captain drops the goods to the competent authority or from a third party.
Before arrival at the destination, the carrier cannot deliver the goods that if all the original copies of the Bill of lading are provided and cannot follow further instructions the charger or an entitled What if all these copies are presented to him.
The carrier responds to the legitimate bearer of the Bill of lading of any injury that may result from failure to comply with these requirements.

SR 210 art. 117II. Bill of lading. / Clauses null Clauses null when a bill of lading is established, is no any clause intended to exempt the carrier directly or indirectly to all or part of the responsibility which he owes under this Act of the fact of loss, destruction or damage to the goods, or reverse the burden of proof of this responsibility.
For the transport of live animals, for the loading of goods carried out on deck and mentioned as such in the Bill of lading, as well as in the case of liability arising out of developments before loading and after unloading, of liability agreements to the contrary are allowed.
If the transport is based on a contract of affreightment, contrary agreements are also allowed, even if they relate to the responsibility of the marine carrier, but only with regard to the relationship between the lessor and the charterer, and not against a third-party recipient arguing his rights by means of a bill of lading.
The provisions of this article do not oppose the adoption of terms applicable in the event of general average.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Chapter V of the passage contract art. 118. the liability of the carrier and its auxiliaries to the passengers and their baggage is governed by art. 1 and art. 3 and 21 of the Athens Convention of 13 December 1974 relating to the maritime transport of passengers and their luggage, as well as the related protocols of 1976 and 1990, when they will be implemented.
The carrier is required to deliver to each passenger boarding a Swiss ship a title of passage indicating the date of issue, the date scheduled for departure, name and type of the ship, the ports of departure and destination, the conditions of housing and maintenance on board, as well as the price of passage.
The passenger has the right to take free aboard his essential belongings. For the surplus and save another agreement of the parties, the baggage of the passenger shall be the subject of a separate contract.
The federal Council can stop the other terms on which the transport of passengers on Swiss ships is subordinate.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 0.747.356.1 RS 0.747.356.11 not yet published to the RO.
New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Title VI of the incidents and accidents of the sea art. 119 report of sea sea report if the ship or cargo suffer an accident or if there is another particular fact, the captain is required to make a report of sea and handing it to the Consulate of the first port of call or, failing Consulate, to the local authority.
The consul may proceed aboard to an administrative investigation and any useful questioning.

Art. 120 minutes consular consular minutes a report of sea, the consul lists before a report where are reported as exactly that he was able to restore them the circumstances in which the fact occurred.
The Consulate should send without delay a copy of the minutes to the Swiss maritime navigation Office. If the sea report is submitted to the local authority, the master in address copy to the Swiss maritime navigation Office.

Art. 121 collision; assistance and rescue collision; assistance and rescue the rights and obligations resulting from a collision between ships are determined by the international convention of September 23, 1910, for the unification of certain rules for the collision. Must also be considered a collision event described in art. 13 of the convention, and its provisions will be applicable by analogy to the collision or to the striking of a ship against other movable or immovable objects and their damage.
The provisions of the international convention of 28 April 1989 on assistance apply to maritime navigation under the Swiss flag. The compensation payment must be made by the owner of the assisted vessel. It can be used against people who are entitled to other values saved in proportion to their respective shares.

RS 0.747.363.1 new content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 0.747.363.4 new content according to chapter I of the Federal Act of 18 Dec. 1992, in force since March 1, 1997 (RO 1993 1703, 1997 562; FF 1992 II 1533).

Art. 122Avarie common general average

There are average when an extraordinary loss is experienced then a sacrifice made or incurred expense intentionally and reasonably for the salvation of the ship and the cargo in order to preserve from danger goods and interests engaged in a common maritime adventure. The average is supported in common by the ship, freight and cargo on board.
The York-Antwerp Rules for general average. The federal Council shall determine the provisions and applicable version.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
The former footnote was deleted by commission for the drafting of the SSA. fed. [art. 33 par. 1 LREC - RO 1974 1051]. Therefore, annex IX of this Act has become moot.
New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 123 adjustment adjustment without prejudice to art. After all average Act, 119 and 120, the captain shall record the circumstances in the logbook indicating the steps taken and by enumerating sacrificed or damaged property. It covers these facts as quickly as possible to the knowledge of the owner.
The captain is required to make the estimation and on the allocation of loss (adjustment) at the latest in the port where the trip ends. Upon his arrival at that port, it must apply to that effect to the competent local authority.
The various stakeholders to the average adjustment each have the obligation to put at the disposal of the adjusters the supporting documents that are in their possession.

Art. 124 prescription and Prescription and procedure the receivables generated by the average Act prescribes two years from the day where the goods arrived at the port of destination or should do.
The federal Council will solve the procedure by which an adjustment for a Swiss ship may be certified by a Swiss Court.

Title VII of the application to inland navigation art. 125 criteria of assimilation criteria of assimilation the navigation on the Rhine River, its tributaries and side channels, as well as on other navigable waters linking Switzerland to the sea with vessels of inland navigation, is assimilated to maritime navigation insofar as, in this title, the provisions of this Act were applicable. Reserved to the special legal provisions on inland navigation.
Are considered inland navigation vessels buildings registered in a public register, with or no mechanical means of propulsion, whose scope deadweight or displacement reaches or exceeds 15 t and which are affected or intended for the professional transport of people or goods.
However get to this assimilation IWT exercised under a concession granted by the Confederation.

Art. 126 quality shipowner and responsibility of the shipowner as a shipowner and responsibility of the shipowner, shipowner of a ship of inland navigation is the person who, either as owner or usufructuary, either as a tenant, holds the boat in its possession and control its operation.
The responsibility of the shipowner is governed by arts. 48, al. 1 and 2. The limitation of liability is governed by the provisions of the Strasbourg Convention of 4 November 1988 on the limitation of liability in inland navigation.
When a pusher was, at the time where the damage was caused, tightly coupled with barges in a pushed convoy, the amount of the liability is calculated in whole according to the power of the pusher and the scope deadweight of the pushed barges.

FF 1995 IV 337 new content according to chapter I of the Federal Act of March 20, 1996, in force since Nov. 1. 1997 (RO 1997 2184; FF 1995 IV 233).
Introduced by chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 127. other cases other cases art. 51 to 53 and 71 apply to the captain and to the members of the crew of a domestic navigation ship.
The provisions of title V shall apply to contracts for the use of a vessel for inland navigation and the Bill of lading, except for the art. 91, al. 1, 94, al. 3, 96, al. 1, 113, al. 1, and 118, al. 2, 3 and 4. The cantons are authorized to establish rules about loading and unloading times and amounts of demurrage for the ports in their territory.
The rights and obligations resulting from a collision between boats and a collision or a clash of a boat against other mobile or immobile objects and their damage is determined by the March 15, 1960 convention on the unification of certain rules for the collision in inland navigation.
The provisions of art. 121, al. 2, and art. 122 to 124 apply to the assistance and rescue as well as general average cases in inland navigation; the agreements to the contrary of the parties for general average are reserved.
In addition, the art. 7 and 14, al. 3, shall apply by analogy to inland navigation.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
RS 0.747.205 new content according to chapter II of the Federal Act of 8 October. 1971 amending the law on the register of ships, in effect since Feb. 1. 1972 (1972 349 RO; FF 1970 II 1248).
New content according to chapter II of the Federal Act of 8 October. 1971 amending the law on the register of ships, in effect since Feb. 1. 1972 (1972 349 RO; FF 1970 II 1248).
Former al. 4. new content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Title VIII penal provisions and disciplinary chapter I. Offences against the security of the ship and navigation art. 128 endangering the ship endangering the ship one who intentionally, will be damaged, destroyed, rendered unusable, put out of use or done away with a Swiss ship, its parts or accessories, or even the means of edge in fuel or food, one who intentionally, will be prevented or disturbed the conduct of the vessel or the order or the life on board , and will thereby knowingly endangered the ship or persons on board, shall be punished to imprisonment for ten years at the most or imprisonment.
The penalty will be imprisonment if the Act caused the loss of the ship or the death of a person and the offender was expected.
The penalty will be imprisonment or fine if the offender acted negligently.

Art. 129 endangering navigational threat to navigation the captain or the sailor of a Swiss ship that will intentionally violated the legal provisions or regulations recognized on the nautical conduct of the vessel or the other requirements of Swiss or foreign traffic and the police of the sea and will thereby knowingly endangered his ship or another ship or of persons on board one of them will be punished with imprisonment.
The penalty may be imprisonment for more than 10 years if the Act caused the loss of a ship or the death of a person and the offender was expected.
The penalty will be imprisonment or fine if the offender acted negligently.

Art. 129aPollution of the seas Marine Pollution will be punished one who violates international conventions, this law or its enforcement orders, by introducing or by depositing at sea from a Swiss ship any matter solid, liquid, gaseous or radioactive likely to pollute the waters or seabed and their basement, of imprisonment or fine.
If the offender has acted negligently, it will be punished by imprisonment for six months at the most or a fine of 20,000 francs maximum.
In the case of minor, a disciplinary crackdown is planned.

Introduced by chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 130 tickets to the nautical rules Contraventions to the nautical rules the captain or the sailor of a Swiss ship will have violated the legal provisions or rules recognized on the nautical conduct of the vessel or the requirements of Swiss or foreign on the movement of ships and the sea-police will, if the Act is not punishable under another legal provision fined 5000 francs at most.

Art. 131 bad airworthiness bad airworthiness captain who has intentionally or negligently made the sea with a Swiss ship unseaworthy, inadequately equipped, armed or stocked and will thereby endangered the ship or persons on board, shall be punished to imprisonment or a fine.
The punishment is imprisonment for five years at the most or imprisonment if the Act caused the loss of the ship or the death of a person and the offender was expected.

Art. 132 tickets to Contraventions airworthiness rules to the rules of airworthiness the master or the shipowner who made sail a Swiss ship unseaworthy, inadequately equipped, armed or stocked will be, if the Act is not punishable under another legal provision, fined 5000 francs at most.

Art. 133 lack of lack of assistance assistance

The captain of a Swiss ship which will have failed in its duty to provide assistance to another ship or people in danger to get lost at sea, he was able to rescue them without serious danger to his own ship, its crew or passengers, will be punished with imprisonment.
The sentence will be fine if the offender acted negligently.

Chapter II offences against discipline and order on board art. 134 abandonment abandonment of the ship the captain of a Swiss ship that has not left the last endangered endangered his ship in danger shall be punished to imprisonment or a fine.
The sailor who has left a Swiss ship in danger without permission of the captain will be punished with imprisonment for a year at most or the fine.

Art. 135 non-exercise of command failure to exercise the command the captain of a Swiss ship who intentionally, have not exercised or neglected will have the conduct of the vessel who is responsible will be punished with imprisonment for a year at most or the fine.
The sentence will be fine if the offender acted negligently.

Art. 136 abuse and usurpation of power abuse and usurpation of power the master or officer of a Swiss ship which will be abused his power to give orders to a subordinate to give orders without any relation to service on board, the captain who has overstepped its power to impose disciplinary penalties or who will be abused in, one that lacking the power to give orders or to punish a Swiss ship, to be assumed such a power, will be punished with imprisonment.
The sentence will be fine if the offence is not serious.

Art. 137desertion Desertion the captain or the sailor of a ship which, in breach of his employment contract, will not have visited on board or has left the ship being enlisted, will, if the departure of the ship is seriously delayed as a result or if expenditures are incurred to avoid the delay, punished by imprisonment for six months at the most or a fine of 5,000 francs to the most.
When several sailors will act in concert, the penalty will be imprisonment or fine. The instigators will be punished more severely.
The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 138 post abandonment abandonment of post the sailor of a Swiss ship who, committed to a service essential to the safety of the ship or the navigation, will have abandoned his position or to be asleep for this service, will be punished by imprisonment for six months at the most or a fine of 2,000 francs at most.
The offence will be punished according if it is minor.

Art. 139 drunkenness drunkenness the captain of a Swiss ship which will be got, then of drunkenness or intoxication due to his fault, in a State excluding or seriously reducing its ability to drive the ship, will be punished by imprisonment for one year or a fine of 5,000 francs to the most.
The sailor who will be found himself, during a service essential to the safety of the ship or the navigation, in a State of intoxication or poisoning due to his fault, will be punished with imprisonment for six months at the most or a fine of 2,000 francs at most. The offence will be punished according if it is minor.

Art. 140 disobedience disobedience the sailor of a Swiss ship that will not obey an order of a superior technical ship, nautical or good conduct the execution of a disciplinary punishment shall be punished to imprisonment for three months at the most or a fine of 1,000 francs to the most.
The offence will be punished according if it is minor.
If there is an order to save the ship itself, another ship or persons in danger of being lost at sea, the penalty shall be imprisonment for a year at most, or a fine of 5,000 francs at most.
The simple bodily injury or assault committed by a sailor on the person of a superior will be continued automatically.

Introduced by chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 141 prohibited embarkations Embarkations prohibited those who, without permission of the owner or the master, will be shipped, possessed or hidden ship Swiss objects, including objects dangerous or prohibited, one who, without authorization of the owner or captain, will be shipped or hidden people on board a Swiss ship, will be punished with imprisonment or fine.
The offence will be punished according if it is minor.

Art. 142 acts detrimental to the shipowner or the master acts detrimental to the shipowner or the master one who, unbeknownst to the owner or the captain of a Swiss ship, will turn himself in to smuggling or will have committed other illegal acts and took over there the shipowner or the master in danger of being punished or being struck by a seizure of the ship or the cargo by a delay of departure or by any other similar measure, will be punished with imprisonment for a year at most or the fine.
The offence will be punished according if it is minor.
The captain of a Swiss ship who has committed such acts without the knowledge of the shipowner shall be punished to imprisonment or a fine.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in effect since August 1, 1977 (RO 1977 1323; FF 1976 II 1153).

Chapter III offences against the Organization of Swiss navigation art. 143 abuse of the abuse Pavilion of the Pavilion that will beat the Swiss Pavilion on sea to cover navigation of a building that is not registered in the register of ships Swiss, the captain of a ship of Swiss who has not beaten the Swiss Sea Pavilion or who will beat a foreign flag, will be punished with imprisonment or fine.
The captain of a Swiss ship which will not sported a Swiss Pavilion of the form provided, or who will have raised it in the usual way for ships of the class of his own, will be punished by the fine.
One that will be fought on sea the Swiss flag or a sign similar to cover navigation of a yacht not registered in the register of the Swiss yachts or who will beat a foreign flag or a similar sign foreign for a yacht registered in the register of the Swiss yacht, will be punished to imprisonment or fine.

Introduced by chapter I of the Federal Act of 14 Dec. 1965 (1966 1503 RO; 1965 II 303 FF). New content according to chapter I of the Federal Act of 17 Dec. 1976, in effect since August 1, 1977 (RO 1977 1323; FF 1976 II 1153).

Art. 144 fraud in registration fraud in registering those who, during the procedure for registration of a ship in the register of ships Swiss or the process of regularization of property conditions, will have made inaccurate statements or concealed essential facts such as the legal conditions for the property, the existence of own funds, the original capital and the absence of any unauthorized foreign interest shall be punished to imprisonment or a fine of 50,000 francs at most.
The penalty will be a fine of 10,000 francs at most if the offender acted negligently.
The owner or the owner of a Swiss ship that has not announced to the competent authority of developments likely to cause the cancellation of the ship from the register of the Swiss ships or the withdrawal of the letter of sea, the owner or the tenant of a Swiss ship which will be rented or sublet the ship to a tenant or subtenant filling not legal requirements of a Swiss shipowner will be punished with a fine of 10,000 francs at most.
Who will be in breach of the requirements of the federal Council on registration of pleasure yachts in a Swiss Register, one making inaccurate statements or concealed essential facts to obtain registration of a pleasure yacht, shall be punished to imprisonment or a fine of 20,000 francs at the most. The penalty will be a fine of 5000 francs at most if the offender acted negligently.

Introduced by chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 145 subtraction of the ship, violation of a provision of the subtraction of the ship authority, breach of a provision of the authority that that will be subtracted a ship registered in the register of ships Switzerland to seizure, to the receiver, to the auction to the requisition or expropriation ordered by the competent Swiss authority shall be punished to imprisonment or a fine for the value of the ship to the most. The judge may, on application, allocate the amount of the fine paid, against assignment by them to the State of a corresponding share of their claims to the injured.
The owner, shipowner or master of a Swiss ship which has not seen a provision made by the federal Council under art. 6 shall be punished to imprisonment or a fine.
The shipowner, the carrier or the master who will be shipped or transported aboard a Swiss goods prohibited by the federal Council, shall be punished to imprisonment or a fine. If it banned war material transport, the penalty may be imprisonment for more than five years and fine.

Art. 146 disposition irregular irregular Alienation will be punished who gives to a stranger a Swiss ship where radiation was not allowed, imprisonment or a fine up to a maximum of the value of the ship.

Art. 147 not returning to the sea letter


Not returning from the sea letter that who, obliged by law to return the letter of sea or any other certificate concerning a Swiss ship, will be in breach of this obligation, will be punished with a fine of 20,000 francs at most.

Art. 148negligence in the bookkeeping of edge Negligence in keeping logbooks the captain of a Swiss ship, which will be in breach of the legal or conventional obligations: a. hold and keep log book, the role of the crew, the newspaper of the machines or other books, minutes and control parts in the proper manner; b. to keep the books on board , papers, acts and regulations documents, will be punished by the fine.

New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 149 negligent in the duties of information neglect in the duties of information the captain, the owner or the owner of a Swiss ship which will have violated its legal obligation to notify or inform the Swiss Office of maritime navigation, the Office of the register of ships Swiss or the consulates of Switzerland, will be punished with the fine.

Art. 150 tickets to the provisions on nationality and the labour law Contraventions to provisions on nationality and the labour law the master or the shipowner of a Swiss ship who has violated the provisions which, in this Act and the regulations and orders which complement her, relate to the nationality of the crew, the hours of work, the minimum age for enlistment , the medical examination and the qualifications for the planned service, the procedure for enrolment and derolement, as well as food and accommodation on board, the captain who will have violated the requirements for the execution of a disciplinary punishment, will be punished for the fine.

Art. 150aContraventions to the provisions of the convention on maritime labour violations to the provisions of the maritime labour convention the master or the shipowner of a Swiss ship that violates the provisions of the February 23, 2006 maritime labour convention is punishable by fine.

Introduced by art. the AF from 1 Oct. 2. 2010, in force since August 20, 2013 (RO 2013 2507; FF 2009 8141).
RS 0.822.81; 2013 2511 Art. RO 151 contraventions of the provisions on the carriage of passengers Contraventions of the provisions on the carriage of passengers the master or the shipowner of a Swiss ship who has violated the provisions of this Act and the regulations and orders which complement her regarding the safety of the transport of passengers by sea, the armament of the ships that are intended, or housing or food to the passengers will, if the Act is not punishable under any other provision legal, punished a fine of 20,000 francs at most.

Chapter IV provisions special art. Accessory penalties 152 accessory penalties when an offender was convicted of endangering the ship or navigation, for poor seaworthiness, for lack of assistance, to abandon ship at risk, for failure to exercise command or for abandonment of post, the judge may rule as an accessory penalty, the withdrawal of the patent or certificate of competence as well as the prohibition to serve a Swiss ship.
When an offender was sentenced for abuse of Pavilion, for fraud in the registration or proceedings for failure of a measure ordered by the federal Council under art. 6, the judge can give as an accessory penalty the withdrawal of the letter of sea.

Art. 153Infractions committed in a business offences in a company when an offence is committed in the management of a corporation, a partnership or limited partnership, a sole proprietorship or a community without legal personality or in any other way in the exercise of an activity to a third party, the penal provisions are applicable to persons who have committed the Act.
The head of the company, the employer, the principal or the representing who, intentionally or negligently and in breach of a legal obligation, fails to prevent an offence committed by the subordinate, the agent or representative or remove the effects, falls within the scope of the criminal provisions applicable to the author who has acted intentionally or negligently.
When the head of the company, the employer, the principal or the representing is a corporation, a partnership or limited partnership, a sole proprietorship or a community without legal personality, the al. 2 applies to the bodies and their members, to the General partners, officers or offending liquidators.
In the cases provided for in art. 144 to 146, the legal entity, the partnership or limited partnership, proprietorship, or community without legal personality meets jointly with the offender to pay fines.

New content according to chapter I of the Federal Act of 17 Dec. 1976, in effect since August 1, 1977 (RO 1977 1323; FF 1976 II 1153).

Art. 154 extradition Extradition offences which, according to the provisions of this Act, is punishable of imprisonment of one year or a more severe penalty, give rise to extradition within the meaning of Swiss legislation on extradition to foreign States.

Chapter V the disciplinary system art. 155 discipline faults faults of discipline who contravenes the General Service requirements or good order on board, commits a fault of discipline unless the Act is punishable as a crime, offence or contravention.
Are such faults of discipline: a. disobedience to the order of a superior about the service on Board; (b) the offence against the requirements of the regulations of edge; c. the hindrance to the order and life on board; d. negligence or carelessness in the performance of a duty of service; e. the fact not to attend the service or to leave; f. the irregular edge absence; g. drunkenness to the service; drunkenness outside the service if she caused a public scandal; h. any conduct unbecoming or hurtful to a superior or any other person on board.

Is only punishable who is a guilty way. The penalty will be chosen and measured by the author's guilt. It will be taken into account mobile and the character of the guilty party, for his conduct on board, as well as the seriousness of the fault from the point of view of order and safety on board.

Art. 156 personal conditions and penalties personal Conditions and penalties any person on board a Swiss ship is subject to the disciplinary regime established by this Act.
Are only permitted following disciplinary penalties: a. for sailors: - the reprimand, - the removal of the leave during one to five days, - the disciplinary fine from 10 to 250 francs -, stops for a period of one to three days.

b. for passengers and other people on board: - the reprimand, - the disciplinary fine of 50 to 500 francs.

Any combination of disciplinary punishments is forbidden.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 157 jurisdiction jurisdiction disciplinary power belongs to the captain or his replacement, which can pronounce all the disciplinary penalties provided by this Act.
If it is in a criminal procedure, a crime for which a disciplinary crackdown is scheduled in the case of minor, and if a case is accepted, or if the act committed is considered a simple lack of discipline, the Court, by paying the warned, can pronounce all the disciplinary penalties. If the investigating authority makes dismissed for the same reasons, it challenges the folder to the president of the Court which would have jurisdiction in criminal matters. This can make all the required disciplinary sentence.
If the guilty party is no longer in the service of a Swiss ship, a sentence of ordinary judgments of the same duration may be imposed instead of disciplinary decisions.

New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
Introduced by chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).

Art. 158 enforcement of Execution of disciplinary punishment disciplinary sentences the reprimand is imposed orally or in writing. Against a passenger, it may, in special cases, be inflicted publicly.
The removal of the leave is experienced upon arrival at the next port. The free hours, the guilty party must be on board the vessel.
Officers undergo stops in their booths, the other sailors in a room designated for this purpose on the ship. Stops are, as service on Board allows it, be taken immediately. One who is placed under arrest does not service. The premises of judgments must be dry, illuminated by the light of day, sufficiently ventilated and meet the requirements of hygiene which must answer the cabins.


The fines must be paid to the Swiss Office of maritime navigation, which uses it for purposes of pension fund for sailors and their family members. The Swiss maritime navigation Office may also use these funds to support action to promote maritime navigation under the Swiss flag or to pay bonuses awarded to specific benefits provided by sailors. The federal Department of Foreign Affairs shall issue a regulation on the allocation of these funds.

Repealed by no I of the Federal Act of 20 March 1987, with effect from Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 18 Dec. 1992, in force since June 1, 1993 (RO 1993 1703; FF 1992 II 1533).

Art. 159 prescription Prescription the right to punish internees and the sentences for mistakes of discipline prescribes three months.
This requirement is not subject to interruption. However, if the Act gives rise to the opening of criminal proceedings, prescription runs from the arrival at the next port, and she is suspended for the duration of the procedure.

New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 160 procedure Procedure the accused will be in each case been able to explain, orally or in writing, his actions and motives of his conduct. If he asks, his explanations must be the subject of a report.
Any disciplinary sentence must be communicated to the accused, orally or in writing, with an indication of the fault committed, and recorded in the log book. The communication of the decision is attested in the logbook by the accused and the captain; If the accused refuses his signature, another officer is called to testify in writing of the disciplinary sentence and its communication.

Art. 161Droit of appeal right of appeal the disciplinary penalty imposed by the captain becomes binding with its communication to the culprit. Within ten days following his arrival at the next port, the culprit may appeal in writing that has no suspensive effect: a. before the president of the competent court against a sentence of disciplinary judgments; b. before the Swiss maritime navigation Office against another disciplinary penalty.

The appeal has no suspensive effect.
The requirements of the Federal Act of 20 December 1968 on administrative procedure apply in accordance with the meaning of this appeal procedure.


New content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).
New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
New content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
RS 172.021 new content according to chapter I of the Federal Act of 20 March 1987, in effect since Feb. 1. 1989 (1989 212 RO; FF 1986 II 741).
Introduced by chapter I of the Federal Act of 17 Dec. 1976 (RO 1977 1323; FF 1976 II 1153). Repealed by no 81 of annex to the law of 17 June 2005 on the TAF, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Final and transitional provisions art. Mandatory 162Dispositions mandatory provisions cannot be changed by agreement provisions of the art. 68, al. 1, 76, 91, al. 1, 96, al. 1 and 118, al. 2. cannot be changed by convention: a. at the expense of the sailor, the requirements of art. 69, 70, 72 to 75, 77 to 80, 81, al. 2, 82-86; (b) at the expense of the holder of an original Bill of lading, the requirements of art. 117; c. to the detriment of a passenger, the mandatory requirements on the carriage of passengers by sea declared applicable according to art. 118, al. 1. new content according to chapter I of the Federal Act of 14 Dec. 1965, in effect since Jan. 1. 1967 (1966 1503 RO; 1965 II 303 FF).

Art. 163 final title of the CC final title of the CC the final title of the civil code Swiss provisions are applicable to the matters governed by this Act.

SR 210 art. Adaptation of the old law 164 / a. right to the Pavilion Adaptation of the old law a. right to flag the right to flag granted under the Decree of the federal Council of 9 April 1941 concerning maritime navigation under the Swiss flag turns off two years after the entry into force of this Act.
One year before the expiry of the period prescribed in the al. 1, the Swiss maritime navigation Office should, of itself, indicate to owners and shipowners to Swiss ships new conditions remaining to complete for registration of ships remains beyond of that period.
The federal Council can, in special cases, extend the time limit at the request of the office or of the owner.

[RS 7 503; RO 1952 1072 art. 1] art. Adaptation of the old law 165 / b. contracts of seamen (b) contracts of seamen contracts existing at the time of the entry into force of this Act must be adapted to its provisions within a period of one year; After this period, this Act applies to all contracts.

Art. Adaptation of the old law 166 / c. contracts for the use of the ship c. contracts for the use of the ship the art. 102-117 immediately apply to contracts of carriage by sea at the moment of the entry into force of this Act.
Other contracts for the use of the ship at the time of the entry into force of this Act must be adapted to its provisions within the period of six months; After this period, this Act applies to all contracts for the use of the ship.

Art. 167 coming into force of the Act coming into force of the Act the federal Council sets the date of the entry into force of this Act.

Annex I (art. 3, para. 2, of the Federal Act on Sept. 23. 1953 on maritime navigation under the Swiss flag) Swiss maritime flag State on November 1, 2015 annex II (art. 38 of the law) International Convention of 10 April 1926pour the unification of certain rules relating to the privileges and mortgages RS 0.747.322.2 State on November 1, 2015, annex III (art. 48 al. 3, of the Act) International Convention of November 29, 1969sur civil liability for damage due to pollution by hydrocarbons and protocols of 19 November 1976 and 25 May 1984 RS 0.814.291/.1 State on November 1, 2015 annex IV (art. 49, para. 1, of the Act) International Convention on 19 November 1976sur the limitation of liability for maritime claims formerly annex III.
RS 0.747.331.53 State on November 1, 2015 annex V (art. 101, para. 2, of the Act) International Convention of August 25, 1924pour the unification of some rules on Bill of lading and its protocols formerly annex IV.
RS 0.747.354.11 State on November 1, 2015 annex VI (art. 118, al. 1, of the Act) Athens Convention of 1974 relating to the carriage by sea of passengers and their luggage, December 13 1974et Protocol of 1976 formerly annex V. RS 0.747.356.1 RS 0.747.356.11 State on November 1, 2015, annex VII (art. 121, al. 1, of the Act) International Convention of September 23, 1910pour the unification of some rules on collision formerly annex VI.
RS 0.747.363.1 State on November 1, 2015 annex VIII (art. 121, para. 2, of the Act) International Convention of September 23, 1910pour the unification of certain rules of assistance and rescue maritime formerly annex VII.
RS 0.747.363.2 State on November 1, 2015 annex IX (art. 122, para. 2, of the Act) rules of York and Antwerp 1974 adopted by the international maritime Committee (Conference of Hamburg 1974) formerly annex VIII. This annex becomes annex IV to the O from 20 nov. 1956 on maritime navigation (RS 747.301, see RO 1993 2284).

State November 1, 2015 annex X (art. 127, para. 3, of the Act) Convention of March 15, 1960relative to the unification of certain rules for the collision in inland navigation formerly annex IX.
RS 0.747.205 State on November 1, 2015

Related Laws