Towing operations at sea

They may for example involve the towing of:

• inland waterway vessels
• inland waterway vessels and registered as yachts
• sea-going vessels without flag, under a foreign flag or under a Dutch flag, whether or not damaged

Dutch legislation

The legislator does not specifically regulate the towing of such conformations. The requirements can however be derived from the general legislation for individual vessels. Article 2bis of the Ships Act applies to Dutch sea-going vessels. In the case of a towing operation, a declaration from a classification society must be available, covering for example the strength of the towed object. The declaration may include limitations, for example on the significant wave height.

If such a declaration is not available, then action may be taken on board Dutch vessels on the basis of Article 4 of the Ships Act. The captain of the towing vessel is also responsible for the tow, which requires additional preparations.

International legislation

The Netherlands Shipping Inspectorate has adopted the IMO MSC/Circ.884 “GUIDELINES FOR SAFE OCEAN TOWING” as the basis for the towing of vessels.

MSC/Circ.884 provides rules for the following topics, among others:

• Manning requirements for both the towing vessel and the towed object.
• Voyage planning: weather conditions, wave heights, currents, ports of refuge etc.
• Preparation, including water tightness, stability and navigation lights.
• The tow, including the design and strength of the towline.
• Documentation, including a contingency plan, operation/towing manuals and confirmation of fitness to be towed.
• Emergencies, including communications with the authorities.

Enforcement in relation to towing operations at sea

The Netherlands Shipping Inspectorate will apply MSC/Circ. 884 to towages, regardless of the flag or the type of towage.
The statutory grounds for enforcement by the Netherlands Shipping Inspectorate are found in SOLAS Chapter V, Regulation 34 and STCW Chapter VIII, part 2, “Planning prior to each voyage”. This legislation also applies to foreign vessels. The assumptions are the same for a sea-going towing vessel, regardless of whether the towed object is a yacht or an inland waterway vessel.
In summary: If the Netherlands Shipping Inspectorate identifies unacceptable situations, it is required to act, as the flag or port state.

Enforcement will be directed at the towed object and the towage as a whole. The assumption is that the towing vessel is fully certificated.

Required documents

Various circumstances may apply to the certification of the towed object. The following documentation must be available:

• When all statutory certificates are current:
  A towing declaration stating that the towed object complies with MSC/Circ.884.
•  When the statutory certificates have expired but the towed object does carry a flag:
  Permission from the flag state for the vessel to be towed from A to B.
  A towing declaration stating that the towed object complies with MSC/Circ.884.
• When the statutory certificates have expired and the towed object does not carry a flag:
  A “fit for towage” certificate or “statement of condition” from a classification society recognised in Europe, stating that the towed object is in a technical condition such that it can safely be towed.
  A towing declaration stating that the towed object complies with MSC/Circ.884

The MSC/Circ.884 towing declaration may for example be issued by the insurer or a loss adjuster.

The “fit for towage” certificate or “statement of condition” will only be accepted by the Netherlands Shipping Inspectorate if it has been issued by a classification society recognised in Europe. The Netherlands Shipping Inspectorate can not require a flag, but may impose requirements concerning the technical condition of the towage.

No “fit for towage” certificate or “statement of condition”, no departure!

The “fit for towage” declaration is separate from the towing declaration!