As is known, SOLAS is considered the most important international convention regulating life safety issues on commercial ships. Turkiye has joined the Convention in back in 1981, following publication in the Official Gazette dated 25.05.1980/16998. Also, on 11.08.2006, Undersecretariat of Maritime Affairs of Turkiye, has announced Regulation On Notifications According To Solas And Marpol Conventions as per which Notification principles and procedures of ships and the administration are set out in details with a table attached. This can be reached at https://www.mevzuat.gov.tr/anasayfa/MevzuatFihristDetayIframe?MevzuatTur=7&MevzuatNo=10574&MevzuatTertip=5
The most important features of the 1974 Convention probably the fact that it includes the method of "tacit" acceptance. According to this procedure, the provisions of the Convention can enter into force internationally on a specified date if a certain number of states parties do not object. In other words, tacit acceptance is a procedure that allows entry into force if the change is not objected to. In this way, the SOLAS 74 Convention can be updated 1 or 2 times every year in parallel with the developments in the maritime field.
The Implied Acceptance method applies only to Sections II through XII of the annexes to the SOLAS agreement. Amendment of Part I is still possible with the old system, in the form of "open acceptance".
In parallel with the developments in the maritime field, two additional protocols were made to the SOLAS 74 Convention. Today, the 1988 Protocol, Harmonized Surveillance and Certification System, is widely applied.
It must be noted that, as of 2013, 162 countries representing more than 99% of the world's maritime fleet are parties to the SOLAS 1974 Convention
TECHNICAL PROVISIONS
SOLAS Convention aims to establish minimum safety standards for the construction, equipment and operation of commercial ships. Each Flag State is responsible for ensuring that ships under its flag comply with the provisions of the Convention. As an indication of the fulfillment of this responsibility, ships are issued certificates, the form and conditions of which are specified in the Convention. In other words, certificates on ships are an indicator of compliance with the rules. The "control" provisions in the Convention allow ships to be inspected by the "Port State" authority at the ports they go to. (Port State Control) Thus, if the ship or its equipment does not comply with the provisions of the Convention, the port state may prevent the ship from sailing and apply corrective measures, depending on the severity of the deficiencies.
Another most important feature of the SOLAS Convention is the basic rule called the "Grandfather Clause", which ensures that the applicable provisions in the year in which the vessel was built are applied. E.g. the equipment of a ship built in 1990 must comply with the SOLAS rules applicable in 1990. No new rule requirements can be required from such a vessel. However, the exception to this rule would be where either in the beginning or within the "application" provisions; terms of "each ship" or "all ships" are used.
Chapter I – General Provisions
Inspection, surveillance and certification of various merchant ships are regulated. With the SOLAS 88 Protocol, this section has been partially amended and the "Harmonized Surveillance and Certification System" (HSSC) has been put into effect. This section also contains an article requiring the investigation of accidents and an article authorizing the contracting states to inspect ships visiting their ports.
Chapter II-1 Construction, Internal Compartments and Balance, Machinery and Electrical Systems
The interior compartments of ships, especially passenger ships, should be divided into sections in such a way that the ship remains afloat and balanced in case of accidents and injuries to a certain extent. In this section, waterproofing, bilge flush regulations, balance requirements, design and construction considerations and requirements are regulated. In addition, requirements for machinery and electrical systems have been regulated in order to provide the necessary services (lighting, executive, pumps, rudder, etc.) in order to ensure the safety of the ship, personnel and passengers in various emergencies.
Chapter II-2 Fire Protection, Fire Detection and Fire Suppression
It contains detailed rules on fire safety for all ships and special provisions for passenger ships, cargo ships and tankers in particular. Regulations, separation of the ship into main and vertical compartments with thermal insulation and structural boundaries, separation of living quarters from other parts with thermal insulation and structural boundaries, limited use of flammable materials, detection, containment and extinguishing of the fire at the place where it started, protection of escape routes and access to each part for fire fighting, fire extinguishing equipment in readiness, minimizing the risk of ignition of vapor of flammable cargoes. It covers safety considerations.
Part III Lifesaving Equipment and Regulations
This section contains requirements for lifesaving equipment and arrangements, such as lifeboats, rescue boats, life rafts, and life jackets. The conditions for keeping equipment are regulated according to the types of ships. Pursuant to Rule 34 in this section, the "International Code for Lifesaving Equipment" (LSA Code), which regulates the technical requirements for lifesaving equipment, is mandatory.
Section IV- Radio Communications
The section contains the requirements of the "Global Maritime Hazard and Safety System" (GMDSS). All passenger ships operating internationally and all cargo ships larger than 300 gross tons must carry the necessary equipment to be able to communicate in case of danger, to receive radio messages and to ensure that they are located, especially after an accident. Signatory states are also obliged to provide various radio communication services to ships. This section is closely related to the radio code of the International Telecommunication Union (ITU).
Chapter V – Navigational Safety
This chapter defines services related to navigational safety that must be provided by States Parties (such as search and rescue, ship traffic services, ship reports, meteorological services). The navigation rules to be followed on all ships in each voyage area and the provisions for keeping navigational equipment are also regulated in this section. Chapter V being applicable to all ships, constitutes an exception to the general order of the Convention, which covers only certain types of ships engaged in international voyages.
Chapter VI – Carriage of Cargo
The Chapter contains rules for the carriage of all types of cargo (except bulk liquids and gases) that require special precautions during transport due to their characteristics that may be harmful to the ship, other cargoes or persons. These rules include requirements for stacking, separation, and mooring (such as tying containers). The section also stipulates that cargoes carrying bulk grain must comply with the requirements of the "International Grain Code".
Chapter VII – Transport of Dangerous Goods
In this section, the rules are set out in several parts:
Part A- Transport of packaged dangerous goods –
Contains provisions for the classification, packaging, marking, labelling, labeling, documentation and stacking of packaged dangerous goods. In this section, the "Code for Dangerous Goods Transported by International Sea" (IMDG Code) has been made mandatory. The IMDG Code, which is updated every 2 years, is the most important international legislation for the transport of packaged dangerous goods by sea, with new dangerous goods constantly added and changed transport rules.
Part A-1 – Transport of bulk solid dangerous goods –
Includes the stacking, separation and documentation requirements of such substances and the methods of reporting accidents involving such substances. Among the most serious hazards in the transportation of solid bulk cargoes are structural damage to the ship during the voyage as a result of uneven load distribution, deterioration or loss of boat balance, and chemical reactions in which the cargoes play a role. For this reason, the International Maritime Solid Bulk Cargo Code (IMSBC Code) has been made mandatory with this section. The primary purpose of this Code is to identify the hazards that may arise during the transportation of certain solid bulk cargoes and the procedures to be followed during the transportation of solid bulk cargo, and to assist in the safe loading and transportation of solid bulk cargoes by providing information on the relevant instructions.
Part B covers the construction and equipment of ships carrying hazardous liquid chemicals in bulk and stipulates that chemical tankers must comply with the provisions of the "International Bulk Chemicals Code" (IBC Code).
Part C covers the construction and equipment of ships transporting liquefied gases in bulk and stipulates that gas vessels must comply with the provisions of the "International Gas Carrier Code" (IGC Code).
Part D contains specific requirements for the transport of packaged radiated nuclear fuel, plutonium and high-level radioactive waste on ships. Ships carrying these products must comply with the provisions of the "International Code for the Safe Transport of Packaged Irradiated Nuclear Fuel, Plutonium and High Level Radioactive Wastes on Ships" (INF Code).
Chapter VIII – Nuclear Ships
The basic requirements for nuclear-powered ships, in particular the hazards posed by radiation, are given in this chapter. Reference is made in this section to the "Safety Code for Nuclear Merchant Ships", a detailed and illustrative reference adopted by the IMO General Assembly in 1981.
Chapter IX – Management System for the Safe Operation of Ships
This chapter mandates the "International Safety Management Code" (ISM Code), which regulates the establishment of a safety management system on board the ship by companies or persons responsible for the operation of the ship.
Chapter X – Safety Measures for High-Speed Vessels
This section mandates the "Safety Code for High-Speed Boats" (HSC Code), which regulates safety requirements for high-speed boats. High-speed vessels are deemed to have met the requirements of Chapters 1-IV of the Convention and Chapter V Rules 18, 19 and 20 if they meet the requirements of the HSC Code.
Chapter XI-1 Special Measures to Enhance Maritime Safety
This Chapter regulates the provisions relating to the bodies authorized to carry out inspections and certification on behalf of the Administration, extended surveillance, the application of ship identification numbers and certain provisions relating to port state control.
Chapter XI-2 Special Measures to Enhance Maritime Security
In this Chapter, the "International Ship and Port Facilities Security Code" (ISPS Code) is made mandatory. Part A of the ISPS Code contains mandatory provisions, and part B contains recommendations for the effective implementation of mandatory provisions. In this section, the security documents, documents, equipment, security-related duties of the captain, the ship security officer, the duties and responsibilities of the companies, the port security officer, the security requirements in the port facilities, evaluations and documents, authorized security organizations and similar issues are regulated. Wide powers have been given to port states in terms of security control of ships in port. These powers include a wide range of issues such as notifications and controls to be made before the ship arrives at the port, not allowing ships to enter the port or removing them from the port.
Chapter XII Additional Safety Measures for Bulk Carriers
This Chapter regulates the structural requirements for bulk carriers with a length of more than 150 meters.