Regulation 33
Distress messages: Obligations and procedures
Regulation
1 The master of a ship at sea which is in a position to be able to provide assistance on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so. If the ship receiving the distress alert is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, the master must enter in the log-book the reason for failing to proceed to the assistance of the persons in distress, taking into account the recommendation of the Organization, to inform the appropriate search and rescue service accordingly.
2 The master of a ship in distress or the search and rescue service concerned, after consultation, so far as may be possible, with the masters of ships which answer the distress alert, has the right to requisition one or more of those ships as the master of the ship in distress or the search and rescue service considers best able to render assistance, and it shall be the duty of the master or masters of the ship or ships requisitioned to comply with the requisition by continuing to proceed with all speed to the assistance of persons in distress.
3 Masters of ships shall be released from the obligation imposed by paragraph 1 on learning that their ships have not been requisitioned and that one or more other ships have been requisitioned and are complying with the requisition. This decision shall, if possible be communicated to the other requisitioned ships and to the search and rescue service.
4 The master of a ship shall be released from the obligation imposed by paragraph 1 and, if his ship has been requisitioned, from the obligation imposed by paragraph 2 on being informed by the persons in distress or by the search and rescue service or by the master of another ship which has reached such persons that assistance is no longer necessary.
5 The provisions of this regulation do not prejudice the Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, signed at Brussels on 23 September 1910, particularly the obligation to render assistance imposed by article 11 of that Convention.*
* International Convention on Salvage 1989 done at London on 28 April 1989 entered into force on 14 July 1996
Summary
Masters of ships are obliged to respond to distress messages from any source.
Ships can be requisitioned by the master of a ship in distress or the search and rescue authorities.
Guidance Notes
Regulation 34 replaces Reg. 10 of SOLAS V/74 and places an obligation on masters to respond to messages from any source that persons are in distress at sea. (Note that the former wording was “Ships or aircraft in distress”)
Reference should be made to Volume 3 of the International Aeronautical and Maritime Search and Rescue (IAMSAR) manual adopted in 2000 by IMO Resolution A.894(21). This replaces the Merchant Ship Search and Rescue (MERSAR) Manual and IMO Search and Rescue (IMOSAR) manual and should be carried on board all ships.
This Regulation together with these notes supersede the Merchant Shipping (Distress Messages) Regulations 1998 which are hereby revoked.
Masters who, in special circumstances, decide not to respond to a distress must enter their reasons in the log-book and, if he has responded to the distress, inform the appropriate search and rescue authorities of his decision not to proceed.
Penalty - Failure to comply with this Regulation is punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.