Q.Is "Certificate of Class" a statutory certificate or mandatory certificate ?

Answer 2 Answers

Let us first understand what are statutory certificates and what are mandatory certificates.

Statutory certificates are required by law. When we say LAW, SOLAS or MARPOL is not a law. It becomes law when SOLAS, MAPROL or any other convention is incorporated in the local laws of a country.

For example, SOLAS and MARPOL have become law in India because these IMO conventions are incorporated in the the Indian merchant shipping act which was passed by the indian constitution.

Mandatory certificates may not be required by law of the flag of the ship but are required for trade of the vessel. For example, it is not statutory for singapore flag vessel to have COFR but it is mandatory for trade in US waters.

Now lets come to certificate of class. As per SOLAS Ch II, ships must be constructed

  • either as per the standards of a classification society or

  • as per the applicable national standards of the flag state equal to the standards of the classification societies.

I am not aware of any flag state that has their own standards of construction of ships. Flag states require the ships to be designed, constructed and maintained as per the standards of classification societies.

This makes the "Certificate of class" a statutory certificate.

SYED SAYAM RIZVI

SYED SAYAM RIZVI

Dec 9, 2017

Thanks sir.. Understood and agreed

AJAY KUMAR

AJAY KUMAR

Jan 31, 2018

Thanks sir, you keep the things simple.

I have to disagree, the Classification Certificate is not a Statutory Certificate, however, it is a prerequisite for the issuance of Statutory Certificates. (as correctly stated there is no known National Standard instead of Classification Standards, so this certificate is the basis to issue the Statutory Certificates).

Statutory Certificates issued by or on behalf of a Government, in contrast, the Classification Certificate issued by or behalf of Classification Society stating it is in compliance with the given Classification Society Rules.

KARAN KHEMANI

KARAN KHEMANI

Feb 24, 2019

Can u please elaborate on above..

Dragos Manea

Dragos Manea

Feb 25, 2020

I think Mr. Tibor is wright. A Classification Society is a private organisation and must be recognised by the Flag Administration, first, to act on their part. The Certificate of Class is not a statutory certificate; it only certifies that the vessel's construction was according to the named Class Rules. Statutory certificates are released under the authority of a flag administration and this is clearly stated in the certificate '...under the authority of the Goverment of ....'

Brent Allen

Brent Allen

Oct 8, 2023

By virtue of it been require in the convention, which is then written into law makes it a statutory certificate. Because it has been written into law and is therefore a statutory requirement.