A stereotypical American might feel that being an American means they are governed by the laws of the United States – regardless of where else in the world they may be. What about on a cruise ship that may visit several different countries on a single voyage? What laws actually apply?
SOLAS
The first standards you may be familiar with if you have been on a cruise before are SOLAS or Safety of Life At Sea which was first adopted in 1914 after the Titanic disaster. These laws regulate the safety standards for ship construction, navigation, firefighting and lifesaving equipment. Your mandatory muster drill at the beginning of each cruise is a requirement of SOLAS.
Maritime Laws
There is also the Cruise Vessel Safety and Security Act. This requires cruise lines to report to the FBI incidents of serious crimes as well as some other safety related requirements. There are 2 other laws that are more trade oriented but still impact passengers onboard. The Passenger Vessel Services Act restricts non-US registered ships from picking up passengers at one US port and letting them disembark at another US port. This is why the NCL Pride of America is US registry while the rest of the fleet is Bahamian registry. Otherwise the Pride of America would have to sail to a foreign port after being in a US port before visiting another US port. The Jones act governs the transport of merchandise between US ports and restricts this to US built, owned, and documented vessels. Lastly there is the Death on the High Seas Act that essentially determine where a wrongful death suit can be filed, whether under state or federal law.
Bill of Rights
Generally the laws that govern each ship depend on the country of registry of the ship and the location of the ship at the time of whatever the incident was that occurred. While at sea ships will fly the country flag of registry. In port the flag will be that of the port country. Beyond SOLAS and general maritime laws, there is also the Cruise Ship Passengers Bill of Rights. This was adopted by the Cruise Lines International Association after the Costa Concordia disaster in 2012 as well as the now infamous Carnival Triumph “Poop Cruise” in 2013. The CLIA website states the bill of rights applies to all passengers who book an oceangoing cruise on member cruise lines worldwide.
Cruise Line Rules
In addition to these laws and standards, each cruise line has their own set of rules for passengers onboard their vessels. You may feel that if you place the “Do Not Disturb” sign on your door that no one may enter until you remove it. Cruise lines have a responsibility to ensure the safety of everyone onboard, so they may specify that if your room attendant has not seen you in 24 hours and the sign has remained in place that length of time or longer, they reserve the right to enter your cabin even without your permission.
Knowing what laws apply to you as a passenger or guest in another country is very important. These laws are by and large in place to provide for the safety and well being of all passengers onboard. They also provide guidance for how criminal acts are to be handled and what punishment might apply to the offender. Hopefully you will always be a “good guest” and not the one screaming, “I’m an American! You can’t do that to ME!” – René
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