Member of Parliament Amanza Walton-Desir yesterday said that the Guyana Shipping Act requires every passenger ship to have a valid safety certificate.
In a release, Walton-Desir was responding to an October 22nd report carried by the Department of Public Information (DPI) which stated that government ferries, including the MV Barima, “do not require certificates of seaworthiness to operate” and which statement was attributed to Counsel to the Commission.
Walton-Desir, the Head of Forward Guyana said that she had submitted a letter to the Commission of Inquiry into the MV
Barima tragedy setting out legal submissions on whether the vessel was required by law to be surveyed and certified as fit to carry passengers.
She said that Section 265(1) of the Guyana Shipping Act 1998 requires every passenger ship to have a valid Passenger Ship Safety Certificate on board before plying or proceeding to sea from any port in Guyana. The certificate, she said, forms part of a system of survey and compliance with applicable safety requirements covering the hull, machinery, electrical and radio installations, life-saving appliances and firefighting equipment. Passenger capacity and operating limits are conditions of that safety approval.
She pointed out that the MV Barima operated commercially, carrying fare-paying passengers and freight for hire.
“State ownership does not place that service in the same legal category as non-commercial customs, police or border patrol operations. The United Nations Convention of the law of the Sea
(UNCLOS) recognises the distinction between government ships operated commercially and those used for non-commercial government service.
She added that Section 3(1)(a) of the Guyana Shipping Act makes that distinction pellucid by confining its government ship exemption to non-commercial operations.
Regulation 11 of the Guyana Shipping (Registration of Ships) Regulations further reinforces that distinction. Walton-Desir said it requires registration of government ships used commercially, while permitting registration of those used for noncommercial purposes. The Commission, she contended, should obtain the MV Barima’s registration record and supporting application file, including any completed Form 5 as required by the Regulations. If the vessel was not registered, the legal basis for that position and compliance with regulation 11 should be examined, she posited.
She said that she has asked that Counsel to the Commission identify the precise statutory provision relied upon. Further, she asserted that the Commission should obtain any safety certificate and supporting survey records, establish the source of the passenger and loading limits, and clarify whether a limit counted passengers alone or everyone aboard.
“The people who travelled on the Barima, and the families of those who died, are entitled to know whether the vessel was surveyed and certified as the law required. They are also entitled to an explanation of any failure to comply”, she added.
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