Malaysia legislation
Section 7
Section 7
Terms and conditions of towage
(1)
Towage of and other assistance to vessels and object within the compulsory pilotage areas shall only be undertaken by the Department on the following terms and conditions:
(a)
the Department shall not, without its actual fault or privity, be liable to the ship owner for any loss or damage which the ship owner may suffer or incur during the course of or in connection with the towage or other assistance;
(b)
the ship owner shall bear and be responsible for any and for all such loss or damage and shall indemnify the Department in respect thereof if any claim be preferred against the Department on that account;
(c)
the Department may, at any time, whether before or after the commencement of towage or other assistance as aforesaid, substitute one tug for another and may tow or otherwise assist more than one vessel at a time;
3
(d)
the Director shall be at liberty to employ a tug or tugs belonging to other tug owners for the whole or any part of the towage or other assistance;
(e)
in the event of the Department employing a tug belonging to other tug owners, for the whole or any part of the towage or assistance, the ship owners’ responsibility and liability are towards the Department. On no account, shall the ship owners institute any legal action against the tug owners unless permitted in writing by the Department;
(f)
no servant or agent of the Department who may be employed or engaged in or about or in connection with towage or other assistance whether as a master or member of the crew of a tug or in any capacity shall be personally liable to any ship owner for any act, omission, default or negligence whether in breach of a statutory duty or otherwise or for the consequences thereof;
(g)
the ship owner shall not be entitled to bring any suit against any such servant or agent of the Department arising out of or in connection with any towage or assistance rendered;
(h)
the Department shall not be accountable for any delay, stoppage or slackness of the speed of the tugs howsoever occasioned for whatever purposes;
(i)
the Department shall not be responsible for any damage to vessel or craft occasioned during towage operations from any cause whatsoever including defects or imperfections of the tug, its machinery or towing gear, but not including negligence at any time of the Department and its employees; and
(j)
the ship owner shall make good any loss or damage to any of the
Department’s properties howsoever incurred in the course of towage operations.
(2)
The terms and exceptions in this regulation shall remain in force at all times notwithstanding any deviation or interruption or failure in the performance of the towage or other assistance and whether or not there has been substitution of tugs.
(3)
Nothing in this regulation shall preclude the Department from claiming or receiving any salvage award or other payment in respect of towage or other assistance rendered.
4
Tug charges