SOLAS regulation V/34.3 provides that the owner, charterer or the company, as defined in regulation IX/1 (i.e. theISM Code), operating the ship or any other person must not prevent or restrict the master of a ship from taking orexecuting any decision which, in the master’s professional judgement, is necessary for safe navigation andprotection of the marine environment2.* The effect of regulation V/34.3 is that the master has absolute discretion to take decisions in the interests of safenavigation and/or protection of the marine environment. (This does not mean, however, that the master of a timecharteredship automatically has the right to take decisions as to the voyage strategy.

The effect of regulation V/34.3 may mean that an offence is committed, for example -• where a shipowner, manager or charterer unduly pressures a master to delay accepting an offer of salvageservices when a ship is in peril;• where a ship owner or operator unduly pressures a master of a ship navigating in fog to increase speed againstthe master’s better judgement, in order to reach a berth by a particular time; or• where a ship owner or operator unduly pressures a master of a ship to sail when the master considers itimprudent to do so on account of a factor related to safe navigation, e.g. a bad weather forecast, or navigationalaids out of order; or• where a time charterer or his supercargo pressures a master into taking a time- or fuel-saving course (saybetween certain islands) against the master’s better judgement.

A merchant ship would probably be deemed unseaworthy in law if she proceeded on a voyage without:• valid statutory certificates;• a valid Certificate (or Interim Certificate) of Class;• proper stowage and securing of cargo;• cargo care system in good order;• a properly qualified master and crew;• the proper crew complement, as set out in the Safe Manning Document;• appropriate charts and publications for the intended voyage, corrected up-to-date; and• sufficient bunkers, stores and provisions for the voyage.

H03d.1a Legal sewage discharge criteria (regulation 8)* Subject to the provisions of regulation 9 (see H03d.1b), discharges of sewage into the sea are prohibited exceptunder the following conditions.* Within 4 nautical miles from the nearest land, no discharge is permitted except from sewage treatment plantapproved by the flag State Administration.* Between 4 and 12 nautical miles from the nearest land, no discharge is permitted except:from sewage treatment plant approved by the flag State Administration; orfrom a system approved by the flag State Administration for comminuting and disinfecting sewage.* More than 12 nautical miles from the nearest land, the following discharges are permitted:discharges from an approved sewage treatment plant or an approved system for comminuting and disinfectingsewage; ordischarges of sewage which is not comminuted or disinfected, provided that the ship is proceeding at not lessthan 4 knots and the rate of discharge is approved by the flag State Administration.* Discharges are not prohibited when a ship is in waters under the jurisdiction of a State and is discharging sewagein accordance with such less stringent requirements as may be imposed by the State.