Term and Legal Basis of the Crew List
The crew list is a legally binding document in the maritime industry that lists by name the individuals present on board a ship. According to various national and international regulations, it serves purposes of control, safety, and organization of personnel presence on board. The crew list plays an essential role, particularly in international maritime law, in connection with ship safety regulations, and in the context of labor law.
Definition of the Crew List
The crew list refers to the register of all persons who are present as crew members on a sea-going or inland vessel. It is to be prepared and regularly updated by the shipowner or their authorized representative. The regulations concerning the structure, minimum content, and use of the crew list are prescribed both internationally and nationally by law.
Legal Provisions for the Crew List
International Regulations
International Conventions
The obligation to maintain a crew list, in contrast to some other shipping-related documents, is derived directly from several international agreements, particularly:
- dem International Convention for the Safety of Life at Sea (SOLAS),
- dem International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW),
- der Directive 2010/65/EU on reporting formalities for ships arriving in and/or departing from ports of the Member States of the European Union.
These conventions require that there must always be a complete and up-to-date list of crew members on board, available for inspection at any time.
Definition and Minimum Requirements
A crew list must contain at least the following details:
- Name and first name of each crew member
- Date and place of birth
- Nationality
- Passport or identity card number
- Function on board
Special regulations may require further details, such as contact persons in case of emergency or specific certificates.
National Legal Bases
Under German law, the obligation to maintain a crew list is found in particular in the following regulations:
- Maritime Labour Act (SeeArbG)
- Ship Safety Act (SchSG)
- Ship Manning Regulation (SchBesV)
- Inland Waterway Personnel Regulation (BinSchPersV)
Maritime Labour Act (SeeArbG)
According to § 11 SeeArbG, the shipowner of seagoing vessels must have a crew list maintained and regularly updated by the ship’s management. The list must include details about identity, function on board, and employment relationships.
Ship Manning Regulation (SchBesV)
The SchBesV specifies the minimum crew and their qualifications. In addition to other documentation, it requires a detailed crew list and mandatory notification of authorities about changes in the crew.
Inland Waterway Personnel Regulation (BinSchPersV)
For inland navigation, the BinSchPersV provides analogous regulations regarding documentation and carrying of a crew list.
Function and Purpose of the Crew List
Control and Monitoring Instrument
The crew list is used by the competent authorities (e.g., port state control, water police, customs) to check the proper and qualified manning of the ship in accordance with prescribed legal or contractual minimum requirements.
Safety and Emergency Management
In emergencies, such as accidents or incidents, the crew list enables the quick and reliable identification and counting of all crew members. It is therefore a central instrument for search and rescue operations, evacuations, and disaster management.
Labour and Social Law
The crew list also serves as evidence in employment relationships, for example to monitor working and rest hours and to clarify questions of liability and insurance in the event of accidents or disputes.
Form, Structure and Retention of the Crew List
Written Form and Digital Crew Lists
Traditionally, crew lists are kept in paper form, but increasingly, digital systems are permitted and widespread, provided that they ensure the availability, currency, and integrity of the data.
Obligations for Retention and Carriage
The crew list must always be present on board, kept up-to-date, and presented to authorities upon request. After completion of the voyage, crew lists must be retained for a legally specified period (generally two years).
Sanctions and Regulatory Offenses
Violations of Documentation Requirements
Failure to keep, incorrect completion, or failure to hand over the crew list constitutes a regulatory offense and can, according to the Ship Safety Act, Maritime Labour Act and the relevant international frameworks, lead to fines and other sanctions.
Further Consequences
Missing or incorrect crew lists may result in immigration measures, civil liability, or even a prohibition on continuing the voyage.
Distinction from Passenger List
The crew list is to be distinguished from the passenger list. While the crew list includes only those persons working on board in an official capacity, the passenger list includes all persons transported as passengers who are not part of the crew. Both lists serve as control instruments but have different legal bases and functions.
Literature and Legal References
- International Convention for the Safety of Life at Sea (SOLAS), Chapter III Regulation 37
- Maritime Labour Act (SeeArbG)
- Ship Manning Regulation (SchBesV)
- Ship Safety Act (SchSG)
- Inland Waterway Personnel Regulation (BinSchPersV)
- Directive 2010/65/EU
Summary
The crew list is an indispensable, legally prescribed document to ensure the safety, control, and organization of shipping. It is subject to detailed legal requirements, serves various official, safety-relevant, and employment-law-related purposes, and represents a central component of ship documentation. Proper and thorough management of the crew list is thus of fundamental importance for maritime operations.
Frequently Asked Questions
What legal requirements apply to the preparation and maintenance of a crew list?
The legal requirements for the preparation and maintenance of a crew list are essentially governed by the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW Convention) as well as by the German Maritime Labour Act (SeeArbG) and the Ship Manning Regulation. The crew list must include all persons on board, their functions, and, if applicable, their qualifications. It must be properly completed before the ship departs, continuously updated, and kept in a form that allows official inspection at any time. In particular, the lists must include information on nationality, date of birth, rank or function on board, and certificates of competency of the crew members. Captains and shipowners are obliged to prepare this list before the start of the voyage and to update it immediately upon any change in personnel. Violations of these regulations can be prosecuted as regulatory offenses or even as criminal acts.
To what extent is there a mandatory reporting requirement for the crew list to authorities?
For seagoing vessels, there is an explicit reporting obligation regarding the crew list to the competent authorities according to international and national regulations. According to the ship manning law, the completed and current crew list must be available for submission to the port state where the ship is registered (flag state), as well as upon request to regulatory authorities (e.g., port state control) before the voyage commences. In emergencies, maritime accidents, or inspection measures, the lists must be submitted to authorities immediately and in full for review. In particular, the SOLAS Convention (International Convention for the Safety of Life at Sea) requires that in the event of search and rescue operations, crew lists must be transmitted to the rescue services and authorities as quickly as possible. Failure to comply with this reporting obligation may result in port dues, fines, or operational restrictions.
What information must, by law, be included in a crew list?
The information required by law in a crew list includes, in addition to the full name of the crew member, the date of birth, nationality, rank or function, the nature and proof of completed training or qualification, the personnel number within the company as well as emergency contact details. Depending on the area of operation, ship size, or deployment, special information such as passport number, duration of employment, and proof of medical fitness may also be required. In particular, the integral allocation of safety-relevant duties and responsibilities on board is a mandatory part of the list in order to ensure swift action in case of emergency.
How long must crew lists be retained?
According to the applicable national and international regulations (e.g., German SeeArbG, STCW Code, SOLAS), crew lists are subject to specific retention periods. Under German law, the retention period is generally at least two years after the end of the voyage. In certain cases, such as accidents, legal disputes, or special investigations, a longer retention period may be required or mandated by authorities. The original document must be stored safely in the ship’s archive or operating records and be accessible to inspection authorities at all times.
Who is legally responsible for the accuracy and completeness of the crew list?
The responsibility for the accuracy and completeness of the crew list primarily lies with the ship’s master (captain). He has the legal duty to ensure that all information is current, correct, and complete. At the same time, the shipowner or shipping company also has a supervisory duty, meaning internal controls must be implemented to ensure proper management of the crew lists. If tasks are delegated within the onboard organization, ultimate responsibility still lies with the captain, so that any omissions can result in disciplinary, civil, or even criminal consequences.
Are there exceptions or special regulations for certain types of ships or areas of navigation?
Yes, there are differentiated legal provisions depending on the type of ship (e.g., passenger ship, cargo or fishing vessel) as well as the navigation area (national coastal waters, worldwide voyages, inland navigation). For example, additional rules on documenting passenger lists in connection with the crew list apply to passenger ships, especially on international voyages. For small vessels, such as those in coastal areas, simplified crew lists may be permitted under certain conditions. Exceptions or special conditions, however, must be expressly approved and documented by the competent authorities.
What sanctions can be imposed for violations of the obligations to maintain crew lists?
Violations of the legal requirements for maintaining, retaining, or reporting the crew list are considered regulatory offenses in Germany and may be subject to substantial fines. In cases of intentional falsification or serious breaches, especially when linked to endangerment of human life or environmental damage, criminal prosecution can result. Additionally, incorrect or missing crew lists can have practical consequences, such as ship detention orders, refusal of clearance by authorities, or liability towards crew members in the event of damage.
