Wider application of the Passenger Liability Regulation

What is the Passenger Liability Regulation and what does it do?

The Passenger Liability Regulation (“the Regulation”) brings into force the Athens Convention and 2002 Protocol in EU member states.  The aim of the Regulation is to create a single set of rules across EU member states relating to the liability of carriers to passengers travelling by sea in the event of an accident.  The Regulation provides for compensation in the event of death or personal injury suffered by a passenger, or in the event of lost and/or damaged luggage.  The Regulation further requires carriers to have minimum insurance cover, or financial security, to cover death or personal injury for a minimum amount per passenger.

What vessels does the Regulation apply to?

The Regulation applies to passenger ships, which are defined as ships carrying more than 12 passengers on international voyages.  Since 31 December 2016 the Regulation has also applied to domestic voyages undertaken by Class A vessels. For full details of Class A – D vessels see below.

What has changed?

As of 31 December 2018 all Class B passenger ships, those carrying out domestic voyages in all EU and EEA member states, have to comply with the Regulation. Class B covers all passenger ships engaged on a domestic voyage during which the ship is at no time more than 20 miles from the line of the coast.

Class A – All passenger ships engaged on domestic voyages other than voyages covered by Class B – D vessels

Class B – All passenger ships engaged on a domestic voyage during which the ship is at no time more than 20 miles from the line of the coast

Class C – Passenger ships engaged on a domestic voyage during which the ship is at no time more than 15 miles from the nearest harbour or other place of refuge, nor more than 5 miles from the line of the coast.  In addition to qualify as Class C the probability of exceeding wave heights of more than 2.5 metres must be less than 10%

Class D – Passenger ships engaged on a domestic voyage during which the ship is at no time more than 6 miles from the nearest harbour or other place of refuge, nor more than 3 miles from the line of the coast.  In addition to qualify as Class D the probability of exceeding wave height of more than 1.5 meres must be less than 10%

This article was prepared by Hannah Horth of Andrew Jackson Solicitors LLP who operate the Knighthood Legal Advice Line.