The law on board ship

[DAN 60]

If cruise line,s wish to allow smoking in public areas, how is the law applied.can each cruise line pick and choose which law,s they abide by.

So which country are you in when your on a ship.

[jp2001]

If cruise line,s wish to allow smoking in public areas, how is the law applied.can each cruise line pick and choose which law,s they abide by.

So which country are you in when your on a ship.

 

They make their own regulations regarding smoking.

[ab0si]

You probably thought you asked a simple question. :)

 

On the high seas (ie., outside territorial waters), the ship is subject to Admiralty law. The flag country (where the ship is registered) has some control also.

 

In port and within territorial waters, the situs country has control.

 

At least that is my understanding. I am perfectly willing to assume I know almost any and everything, but not even I presume to know Admiralty law or its interaction with national and state/provincial laws.

[Philip217]

International carriers - including cruise ships - are subject to the laws of the country where they are registered when they are in international waters or airspace.

 

If you look at the flag on the stern of the ship, you will know which country you are in when at sea.

 

But there are other considerations. When your ship is inside a nation's waters, you are usually also subject to the laws of that country.

 

The US Navy and Coast Guard claim that they have jursidiction over any ship that carries US Citizens or sails from a US Port - regardless of where that ship might be.

 

But when it comes to social behaviour, very few countries have national laws regarding such things as use of cigarettes (Singapore is one of the rare exceptions).

But then there is the Cruise Contract. Cruise Lines employ armies of lawyers who draft these contracts. Hardly anyone ever reads them. BUT YOU SHOULD. They are legally binding contracts that you are voluntarily entering into.

 

The Cruise Line Contract states that by using your passage ticket, you legally agree to all the stipulations on the cruise contract.

That contract spells out the details of many many things onboard - including the types of behaviour that are allowed, and the types of behaviour that will get you thrown off the ship with no refund.

 

Every cruise, as I am explaining to some passenger why he will be leaving the ship unexpectedly, I give him a copy of his cruise contract, detailing why he is being thrown off. I have never once met a passenger who has read it.

[smeyer418]

International carriers - including cruise ships - are subject to the laws of the country where they are registered when they are in international waters or airspace.

 

If you look at the flag on the stern of the ship, you will know which country you are in when at sea.

 

But there are other considerations. When your ship is inside a nation's waters, you are usually also subject to the laws of that country.

 

The US Navy and Coast Guard claim that they have jursidiction over any ship that carries US Citizens or sails from a US Port - regardless of where that ship might be.

 

But when it comes to social behaviour, very few countries have national laws regarding such things as use of cigarettes (Singapore is one of the rare exceptions).

But then there is the Cruise Contract. Cruise Lines employ armies of lawyers who draft these contracts. Hardly anyone ever reads them. BUT YOU SHOULD. They are legally binding contracts that you are voluntarily entering into.

 

The Cruise Line Contract states that by using your passage ticket, you legally agree to all the stipulations on the cruise contract.

That contract spells out the details of many many things onboard - including the types of behaviour that are allowed, and the types of behaviour that will get you thrown off the ship with no refund.

 

Every cruise, as I am explaining to some passenger why he will be leaving the ship unexpectedly, I give him a copy of his cruise contract, detailing why he is being thrown off. I have never once met a passenger who has read it.

I read them but also please remember that in some countries part of the contracts are unenforceable.

As an example if you start stop or end your cruise in the US, the cruise line cannot disclaim liability for a personal injury caused by the cruiseline's or its agent's negligence. They will not enforce a choice of law provision or venue that is not in the US-not for consumers anyway.(the choice of law and venue for a Lloyd's insurance contract has been enforced. Its in London BTW)

 

Even in port the cruise line is not required to follow the local regulations....sometimes. As an example NY City prohibits smoking anywhere inside(except in a private hotel room) but cruise lines do allow smoking in its bars if they want to...

[paul929207]

International carriers - including cruise ships - are subject to the laws of the country where they are registered when they are in international waters or airspace.

 

If you look at the flag on the stern of the ship, you will know which country you are in when at sea.

 

But there are other considerations. When your ship is inside a nation's waters, you are usually also subject to the laws of that country.

 

The US Navy and Coast Guard claim that they have jursidiction over any ship that carries US Citizens or sails from a US Port - regardless of where that ship might be.

 

But when it comes to social behaviour, very few countries have national laws regarding such things as use of cigarettes (Singapore is one of the rare exceptions).

But then there is the Cruise Contract. Cruise Lines employ armies of lawyers who draft these contracts. Hardly anyone ever reads them. BUT YOU SHOULD. They are legally binding contracts that you are voluntarily entering into.

 

The Cruise Line Contract states that by using your passage ticket, you legally agree to all the stipulations on the cruise contract.

That contract spells out the details of many many things onboard - including the types of behaviour that are allowed, and the types of behaviour that will get you thrown off the ship with no refund.

 

Every cruise, as I am explaining to some passenger why he will be leaving the ship unexpectedly, I give him a copy of his cruise contract, detailing why he is being thrown off. I have never once met a passenger who has read it.

Philip,

Thanks for the explantion.

 

Haven't seem any complaints of the week in a long time. I miss them. They were always good for a laugh.

[Arwenmark]

Keep in mind also that when you are on the ship you are not in a public place you are on private property. The ship is owned by the cruise line, even more so than say a Hotel, because while a hotel is open to the public even while still being private property, a cruise ship is not even open to the public you must have a ticket to get on board it.

[navybankerteacher]

As private property, ships essentially go by what the owner says - and the captain, as the owner's top representative, has traditionally been, and is still largely, the enforcer.

[Fredr]

Phillip,

 

I really enjoy reading your posts. The posts are exceptionally well written and informative. It is especially helpful that the posts are from someone as knowledgeable and experienced as you are.

 

My question...if you have a balcony cabin and people on other balconies are smoking a lot, depriving you of the full enjoyment of your balcony. You know that they have every right to smoke but what is fair?

 

What is a reasonable compromise that both you and the smokers can live with, short of being very nasty and unpleasant. I am not anti smoker nor am I a health crusader but it is nice to experience Venice for example without breathing in someone's cigar or cigarettes.

 

Thanks,

 

Fred

[ab0si]

As private property, ships essentially go by what the owner says - and the captain, as the owner's top representative, has traditionally been, and is still largely, the enforcer.

 

Isn't it technically the Master who in in charge, not the Captain? granted, they are usually the same person now-a-days.

[Arwenmark]

Phillip,

 

I really enjoy reading your posts. The posts are exceptionally well written and informative. It is especially helpful that the posts are from someone as knowledgeable and experienced as you are.

 

My question...if you have a balcony cabin and people on other balconies are smoking a lot, depriving you of the full enjoyment of your balcony. You know that they have every right to smoke but what is fair?

 

What is a reasonable compromise that both you and the smokers can live with, short of being very nasty and unpleasant. I am not anti smoker nor am I a health crusader but it is nice to experience Venice for example without breathing in someone's cigar or cigarettes.

 

Thanks,

 

 

Fred

 

Avoid the problem completely and book on Celebrity where there is NO SMOKING of in the cabins or the balconies, and it is strictly enforced.

[Capt_BJ]

Just off the top of my head....

and my 'qualification' is being one of the supposed enforcement guys.

 

a) check Wik' for a description of 'Admiralty Law" for what it covers.....not perfect but decent.

 

b) as a US Coast Guard Officer and ship Commanding Officer in the Carrib' where many cruise ships operate...I was NEVER called on to enforce US law on a cruise ship. Weigh that against what's mentioned in this thread...

 

c) The US Navy can not .... period can NOT ... enforce US laws unless there is a federal declaration of Martial Law (by policy, but not technically by law cuz Posse Comototis (sp) does not apply to the Navy) Which is why Navy ships patrolling for drugs carry Coast Guard law enforcement teams who 'take over' when a Navy ship encounters a suspect. The Lil' CG O2 tells the Navy 05' what to do !!!!!

 

d) The Flag a ship sails under is the law that applies so long as no other Law applies.....and THIS is where it gets very complicated.

 

e) Once a ship enters the territorial seas of a country the laws of the country apply 'cept many times there are treaties about how the interaction will be handled.....these treaties were most often established to handle seaman interactions, so as passengers come in to play things can get complicated.

 

d) A ship is under the law of of the flag ... and the law of the country that might have geographic jurisdiction ......

 

wanna enter a legal discussion of jurisdiction of which location is just a part??????

 

The original answer of the thread is not fully aware......

[lady_cruiser]

......

 

...Every cruise, as I am explaining to some passenger why he will be leaving the ship unexpectedly, I give him a copy of his cruise contract, detailing why he is being thrown off. I have never once met a passenger who has read it.

 

If I am reading this correctly, you work on a cruise ship. Am I correct? Which line to you work for.

 

And thanks for the informed answer.

[Aquahound]

b) as a US Coast Guard Officer and ship Commanding Officer in the Carrib' where many cruise ships operate...I was NEVER called on to enforce US law on a cruise ship. Weigh that against what's mentioned in this thread...

 

Yea, that's usually reserved for me.

 

(I am a RAC for your old agency's IS. ;))

[windsor26]

Phillip,

 

I really enjoy reading your posts. The posts are exceptionally well written and informative. It is especially helpful that the posts are from someone as knowledgeable and experienced as you are.

 

My question...if you have a balcony cabin and people on other balconies are smoking a lot, depriving you of the full enjoyment of your balcony. You know that they have every right to smoke but what is fair?

 

What is a reasonable compromise that both you and the smokers can live with, short of being very nasty and unpleasant. I am not anti smoker nor am I a health crusader but it is nice to experience Venice for example without breathing in someone's cigar or cigarettes.

 

Thanks,

 

Fred

 

On a recent cruise (or 3) in Australian waters on both Princess and RCI ships there was no smoking anywhere within the ships public areas (except the Disco) You could smoke outside on one side of the ship and in your cabin (although RCI has a few non smoking cabin decks) This stops the smoker on the balcony upsetting the non smoker next door.

 

Does this apply on Princess and RCI ship sailing in USA and other european waters?

 

Remembering that New Zealand and Australia have a no smoking anywhere public under a roof policy

[smeyer418]

On a recent cruise (or 3) in Australian waters on both Princess and RCI ships there was no smoking anywhere within the ships public areas (except the Disco) You could smoke outside on one side of the ship and in your cabin (although RCI has a few non smoking cabin decks) This stops the smoker on the balcony upsetting the non smoker next door.

 

Does this apply on Princess and RCI ship sailing in USA and other european waters?

 

Remembering that New Zealand and Australia have a no smoking anywhere public under a roof policy

no not on foreign flagged ships in US waters. The cruise lines of course can have rules more stringent but generally aren't bound by these local laws. In the US its a local matter not one for the national government- which I think is significantly different than down under and local laws generally have no impact of cruise ships. This is not true of American Flagged ships they have to obey local laws in the US too.